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

Me RE me a — THE NEW YORK HERALD. Vol. XI, No. 33%—Whole No, 4185. GOVERNMENT EXPRESS" FROM WASHINGTON CITY. BY The President's Message TO THE TWENTY-NINTH CONGRESS. The special express despatched by the Govern- ment with the President's Message, reached New York at ten minutes past nine o’clock last evening. It left Washington a little after one o’¢lock yester- day, and was, therefore, about eight hours in coming through—a speed almost unparalelled on this conti- nent. THE MESSAGE. Fallow Citizens of the Senate and House of Representatives: Itistomea source of unaifeeted satisfaction to meet the Representatives of the States and the people in Congress asseinbled, as it will be to re- ceive the aid of their combined wisdom in the ad- ministration of public affairs. In performing, for the first time, the duty imposed on me by the constitu- tion, of giving to you information of the state of the Onion, and recommending to your consideration such measures as in my judgment are necessary and expedient, I am happy that I ean congratulate you on the continued prosperity of our country. Under the blessings of Divine Providence and the benign in- fluence of our tree institutions it stands betore the world a spectacle of national happiness. With our unexampled advancement in ali the ele- ments of national greatness, the affection of the peo- ple is confirmed for the union of the States, and for the doctrines of popular liberty, which lie at the foundation of our government. It becomes us, in humility, to make our devout acknowledgments to the Supreme Ruler of the uni- verse, for the inestimable civil and religious bles- sings with which we are favored. _ In calling the attention of Congress to our rela- tions with foreign powers, 1 am gratified to be able to state, that, though with some of them there have existed eince your last seasion serious causes of 1r- ritation and misunderstanding, yet no actual hosti- lities have taken place. Adopting the maxim in the conduct of our foreign affairs, to “ask nothing that is not nght, and submit to nothing that is wrong,” ithas been my anxious desire to preserve peace with all nations ; but, atthe same time, to de prepar- ed fo Tesist aggression, and to maintain all our just rights. ¥ In pursuance of the joint resolutions of Congress, “for annexing Texus to the United States,” my pre- decessor, on the third day of March, 1845, elected to snbmit the firet and second sections of that reso- lution to the republic of Texas, as an overture, on the part of the United States, for her admission as aStute into our Union. This election I approved, and accordingly the charge d’aflairs of the United States in Texas, under instructions of the tenth of March, 1845, presented these sections of the resolu- tion for the acceptance of that republic. The exec- utive government, the Congress, and the people of Texas in convention, have successively complied with all the terms and conditions of the joint reso: lution, A constitution tor the government of the State of Texas, formed by a convention of deputie is herewith laid before Congress. It is well known, also, that the people of Texas at the polls have ac- cepted the terms of annexation, and ratified the constitution. | 1 communieate to Congress the cerrespondence between the Secretary of State and our charge af faires in Texas; and also the correspondence of the latter with the authorities of Texas; together with the official documents transmitted by him to his own government. The terms of annexation which were offered by the United States having been accepted by Texas, the pbs faith of both parties is solemnly pledged to the compact of their union. Nothing remainy to consummate the event, but the passage of an act by Congress to admit the State ot Texas into the Union, upon an equal footing with the origina! States. Strong reasons exist why this should be done at an early period of the session. It will be observed that, by the constitution of Texas, the ex- isting goveroment is only continued temporarily til 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 governor, ¥ Ireutenant governor, and both branches of the legis- lature, will be chosen by the people. The President of Texas is required immediately after the receipt of official information that the new State has been ad mitted into our Union by Congress, to convene the legislature; and, upon its meeting, the existing go- vernment will be superseded, and the State gover: ment organized. Questions deeply interesting to Texas, 12 common with the other States; the exten sion of our revenue laws and judicial system over her people end territory, as well as measures of Joes! character, will Clim the early attention o1 Congress; and, therefore, upon every principle of re publicag government, she ought to be represented in that beJy without unnecessary delay. I cann too earnestly recommend prompt action on this im. portant subject. . As soon us the act to admit Texas as a State shal be passed, the union of the two republics will be consummated by their own volnatary consent. This accession to our territory has been a blood less achievement. No arm of force has bee: raised to produce the result. The sword has had no part in the victory. We have not sought to extend our territorial possessions by conquest, er our re- publican institutions over a reluctant people. 1 was the deliberate homage of each people to the great principle of our federative union. It we consider the extent of territory involved in the annexation—its prospective influence on Americe —the means by which it has been accomplished, springing purely from the choice of the people them. selves to share the blessings of our union—the his- tory A the world may be challenged to furnish « parallel. ec The jurisdiction of the United States, which at the formation of the federal cons itution was bound- ed oe the St. Mary’s, on the Atlantic, has passed the Capes of Florida, and been peacefully extended tothe Del Norte. In contemplating the grandeur of this event, itis not to be forgotten that the re- sult was achieved in despite of the diplomatic inter- ference of European monarchs. Even France— the country which had been our ancient ally—the country which has a common interest with us in maintaining the freedom of the seas—the country which, by the session of Louisiana, first opened to us access to the Gulf of Mexico—the country with which we have been every year drawing more closely the bonds.ot successful commerce—most unexpectedly, and to our unfeigned regret, took part in an effort to prevent annexation, and to im- : on Texas, as a condition of the recognition of er independence by Mexico, that she would never join herself to the United Suites. We may rejoice that the tranquil and pervading influence of the American Pee of self government was. suffi- cient 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 effective rebuke. From this example, European governments may learn how vain diplomatic arts and intrigues must ever prove upon this continent, against that systam of self-g0- vernment which seem natural to our soil, and which will ever resist foreign interference. : ‘fowards Texas, Ido not doubt that a liberal and generous spirit will actuate Congress ia all that con- cerns her interests and prosperity, and that she will never have cause to regret that she has united her “‘lone star” to our glorious constellation. I regret to inform you that our relations with Mexico, since your last session, have not been of the umicable character whieh it is our desire to cn'- tivate with ull foreign nations. Qn the sixth day of March last, the Mexican envoy extraordinary and minister plenipotentiary to the United States made a formal protest, in the name of his government, oye the joint resolution paseed by Congrese, “for the annexation ot Texas to the United States,” which he chose to regard as a violation ofthe rights 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 otfenee to his an independent Power, owing no allegiance two Mexivo, and constituting no part of her territory or rightful sovereignty and jurisdiction, He was alo aesured Wat it was the sincere desire of this go- vernment to maintain with that of Mexico relations of peace and good understanding. ‘That function- ary, however, notwithstanding these representar tions aod assurances, abruptly terminated his mis- sion, and shortly afterwards Jeft the country. Our woy Extraordinary and Minister Plenipotentiar to Mexico was refused ail official intercourse with that government, and, afier remaining eeveral months, by the permission of his own government, we returned to the United States, Thus, by the acis eer eeat that the Republic of Texas was | e| se between the | of Mexico, all diplomatic intercou: two countries was suspended. _ Since that time Mexico has, until recently, oceu- an attitude of hostility towarda the United States—hasbeen marshalling and organizing armies, issuing proclamations, and avowing the intention to make war on the United States, either by an open declaration, or by invading Texas. the Con- ars and Convention of the peopie of Texas invited is Government to send an army into that territo- ry, to protect and detend them against the menaced attack. ‘The moment the terms of annexation, 'of- | fered by the United States, were accepted by Texas, | the latter became go far a part of our own country, | as to make it our duty to afford such protection and | defence. I theretore deemed it proper, as a precau- | tionary measure, to order'a strong squadron to the coasts of Mexico, and to concentrate »n efficient mi- | litary foree on the western frontier of Texas. Our army was ordered to take position in the country between the Nueces and the Del Norte, and to repel any invasion of the Texan territory which might be attempted by the Mexican forces.’ Our squadron in the Gulf was ordered to co-operate with the army. But though our army and navy were placed in a po- sition to defend our own, and the rights ot Texas, they 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 made no aggressive movement, and our military and naval commanders have executed their orders with such discretion, that the peace of the two republics has not been dis- tured. . . ‘Texas had declared her independence, and main- tained it by her arms for more than nine years. She has had an organized government in successtul operation during that period. Her separate exis tence, as an independent State, had been recognised by the United States and the principal powers of Europe. Treaties of commerce and navigation had been concluded with her by different nations, and it had become manifest to the whole world that any further attempt on the part of Mexico to conquer her, or overthrow her government, would be vain. Even Mexico herselt had become satistied of this fact; and whilst the question of annexation was pending before the people of Texas, during the past summer, the government of Mexico by a formal act, agreed to recognise the independence of Texas on condition tnat she wonld not annex herself to any other Power. The agreement to acknowledge the independence of Texas, whether with or without this condition, is conclusive against Mexico. The independence of Texas isa fact conceded by Mexi- co herself, and she had no right or authority to pre- scribe restrictions as to the form of government which Texas might afterwards choose to assume. But though Mexico cannot complain of the Uni- ted States on account of the annexation of Texas, it ig to be regretted that serious causes ot misun- derstanding between the two countries continue to exist, growing out of unredressed injuries inflicted by the Mexican authorities and people on the per- ons and property of citizens of the United States, through a long series of years. Mexico has admit- ted these injuries, but has neglected and refused to repair them. Such was the character of the wrongs, and such the insults repeatedly offered to American | eitizens and the American flag, by Mexico, in pal- | pable violation of the lawsot nations and the treaty between the two countries of the tilth of eae | 1831, that they have been repeatedly brought to the | notice of Congress by my predec-ssors, As early | as the eighth of February, 1837, the President of | the United States declared, in a meesage to Con gress, that “the length of time since some of the Injuries have been committed, the repeated and un- availing applications for redress, the wanton cha- racter of some of the outrages upon the persons and | property of our citizens, upon the officers and flag of the United States, independent of recent insults to this government and people by the late Extraordi- nary Mexican minister, would justify in the eyes of all nations, immediate war.” He did not, however, recommend an immediate resort to this extréme measure, which he declared, “should not be used by just and generous nations, confiding in their strength for injuries committed, if it can be honora- bly avoided ;” but, in a spirit of forbearance, pro- poeed that another demand be made on Mexico for that redress which hed been so long and un justly withbeld. In these views, commitiees of the two Houses of Congress, in reports made to their respective bodies, concurred. Since these proceedings more than eight years have elap- sed, during which, in addition to the wrongs then complained of, others of an aggravated character have been committed on the persons and property of our citizens. A special agent was sent to Mexico ta the summer ot 183%, with full authority to make another and final demand ter redress. ‘The demand was mad repair the wrongs of which we complained ; and after much delay, a treaty of indemnity with that view, was concluded between the two Powers on the Lith of April, 1839, and was duly ratified by noth governments. By this treaty a joint commission was created to adjudicate and decide on the claims of American citizens on the government of Mexico The commission was organized at Washington op the twenty-fitth day of August, 1810. Their time was limited to eighteen months; at the expiration of which, they had adjudicated and decided claims amonating to two millions twenty-six thousand one huadred and thirty-nine dollars and sixty-eight cents in favor of citizens of the United States, against the | he Mexican government promised to | NEW YORK, WEDNESDAY MORN NG, DECEM vernment consented to renew the diplomatic rela~ tions which had been suspended in March last, and for that purpose were willing to accredit a minister from the United States. With a sincere desire to preserve peace, and restore relations of a good un- derstanding betweerthe two republics, I waived all ceremony as to the manner of renewing diplomatic intercourse-between them ; and, assuming the ini- | tiative, on the tenth of November a distinguished citizen of Louisiana was appointed Hardy Bae 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 op | pone has set out on his mission, and is probably y this time near the Mexican capital, He has been instructed to bring the negotiation with which | he is charged to acenclusion at the earliest prac- | ticable period; which, it is expected, will be in | time to enable me to communicate the. resvit to | Congress during the present session. Until that re- sult is known, | forbear to recommend to Congress such ulterior measures of redress for the wrongs | and injuries we have so long borne, as it would have been proper to make had no such negotistion been instituted. Z Congress appropriated, at the last session, the sum of two hundred and seventy-five thousand dol- lars for the payment of the April and July inetal- ments of the Mexiean indemnities for the year 1844; “Provided it shall be ascertained to the satis- faction of the Ameriean goveroment that said in- stalments have been paid by the Mexican govern- ment to the agent appointed by the United States to receive the same, in such manner as to discharge allclaim on the Mexican government, and said ae to be delinquent in remitting the money to the nited States.” The unsettled state of our relations with Mexico has involved this subject in much mystery. The first information, in aa authentic form, trom the agent of the United States, appointed under the adminis- tration of my predecessor, was received at the State Department (n the ninth of November last. ‘This is contained in a letter, dated the seventeenth of Oc- tober, addressed ig him to one of ourcitizens then in Mexico, with the view of having it communi- cated to that department. From this it appears that the agent, on the twentieth of September, 1814, gave a receipt to the Treasury of Mexico for the amount of the April and July instalments of the indemnity. In the same communication, however, he asserts that he had not received a single dollar in cash, but thathe holds auch securities as warranted him at the time in giving the receipt and, entertains no doubt but that he will eventually ob- tain the money. As these instalments ap- pear never to have been actually paid by the government of Mexico to the agent, and as that government has not therefore been released so 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 legislation. Their case is, undoubtedly, one of much hardship ; and it remains for Congress to decide whether any, and what, relief, ought to be granted to them. Our Minister to Mexico has been instructed to ascertain the facts of the case from the Mexican government, In an authentic and official form, and report the re- sult with as little delay as possible. _ My attention was early directed to the negotia- tion, which, on the fourth of March last, E tound pending at Washington between the United States aud Grent Britain, on the subject of the Oregon ter- ritory. Three several attempts had been previously made to setile the questions in dispute between the two countries, by negotiation, upon the principle of compromise ; but each had proved unsuccessful. These negonations took place at London, in the years 1818, 1824, and 1826; the two first under the administration of Mr. Monroe, and the last under that of Mr. Adams, The negotiation of 1818 having failed to accomplish its object, resulted in the con vention of the twentieth of October of that year. By thethird article of that convention, jt was “agreed, that any country that may be claimed by either party on the nortwest coast of America, westward of the Stony mountains, shall, together with its har- bors, bays and creeks, and the navigation of all rivers within the same, be free and open for the term of ten years from the date of the signature of the present convention, to the vessels, citizens and subjects of the two Powers; it being well under- stood.that this agreement is not to be construed to the prejudice of any claim which either of the two high contracting pasties may have to any part of the said country; nor shall it be taken to affect the Laims of any other Power or State to any part of the aid country; the only object of the high contract- | ing parties in that respect being, to prevent disputes and differences among themselves.” The negotiation of 1824 was productive of no re- sult, and the convention of 1818 was left unchanged The negotiation of 1826, having also failed to | effect an adjustment by compromise, resulted in the convention of August the sixth, 1827, by which it was agreed to coptinue in force, tor an indefinite period, the provisions of the third article ot the con- vention of the twentieth of October, 1818; and 11 was further provided, that ‘it shall be competent, however, to either of the contracting parties, in case either should think fit, at any time atter the twentieth day of October, 1828, on giving due notice of twelve months to the ether contracting party, to annul and abrogate this convention ; and it shall, in such cage, be accordingly entirely annulled and ab- rogated after the expiration of the said term of notice.” In these attempts tu adjust the controver- sy, the parailel of the 49th degree of north latitude had been offered by the United States to Great Bri- tain, and in those of 1818 and 1826, with a turther concession of the free nuvigauou of the Columbia | river south of thatlatitade ~The parallel of the forty- noth degree, trom the Rocky Mountains to its in- tersection with the northeasternmost branch of the Columbia,and thence down the channel of that river to the sea, had been offered by Great Britain, with an addition of asmuli detached territory north of the Colurbia. Each of these propositions had been rejected by the parties respectively. n Oct.1843, the Envoy Extraordinary and Minister Pientpotentiary of the United States in London was authorized to make a similar offer to those made in 1818 and 1826. Thus stood the question, when the negotiation was shortly afterwards transferred to Washington; and, on the twenty-third of August, 1844, was formally opened, under the dizection of my immediate predecessor. Like all the previous ne- gotiations, it was based upon principles of “ com- promise ;” and the avowed purpose of the parues was, ‘to treat of the respective 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 the Pucific ocean.” Accordingly, on the twenty-sixth of August, 184, the British Plenipotentiary offered to divide the Oregon territory by the forty-niath parallel of north latitude, from the Rocky mountains to the point oj its intersection with the north-eastern-most branch: of the Columbia river, and thence down that river to the sea ; leaving the free navigation of the river to be enjoyed in common by both parties—the country south of this line to belong to the United States, and that north of itto Great Britain. At the same time. he proposed, in addition, to yield to the United States a detached territory, north of the Columbia, extending along the Pacific and the Straits ot Fue: from Bulfinch’s harbor inclusive, to Hood’s canal, and to make tree te the U, States any port or ports south o'latitude forty-nine degrees, which the might desire, either on the main land, or on Quad- raand Vancouver's island With the exception of the free ports, this was the same offer which had been made by the British, and rejected by the Ame- rican government in the negotiation of 1826. This proposition was propeily 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 tbe part of Great Britain having been rejected, the Bri- tish pope ebbc requested that a proposal should be made by the United States for * on equitable ad- Justment of the queetion,” When TI came into office, I found this to be the state of the negotiation, Though entertaining the settled conviction, that the British pretensions of title could not be maintained to any portion of the Oregon territory upon any principle of public law recognised by nations, yei, in deference to whut | had been done by my predecessors, and especially in consideration that propositions of compromise had been thrice made by two preceding administra- tions, to adjust the question on the purallel of torty- nine degrees, and in two of them yielding to Great Britain the free navigation of the Columbia, and that the pending negotiation had been commenced on the basis of compromise, I deemed it to be my duty not abruptly to break it off. {n 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, | was induced to make another effort to settle this long-pending controver: fy in the spirit of moderation which had given birth to the renewed discussion. A proposition was ac- cordingly made, which was rejected by the British plenipotentiary, who, without submitting any other proposition, suffered the negotiauen on bis part to drop, expressing histrust thatthe United States would offer what he saw fit to call “some taither proposal for the settlement of the Oregon question, more con- sistent with fairness and equity, und with the rea- sonable expectations of the Beltich government, ‘The proposition thus offered and rejected repeated Mexican government, leaving a large amount o! | claims undecided. Of the latter, the American ommuissioners had decided in favor of our citizens, ims amounting to nine hundred and twenty-eight housand six hundred and twenty-seven dollars and sivhty-eight cents, which were left unacted on b: the umpire authorized by the weaty. Sul furthe claims, amounting to between. three and four mil- tions of doilars, were submitted tothe board too late to | be considered, and,were left undisposed of The sun of two milliona twenty-six thousand one hundred and thity-nine dollars aud sixty-eight cents, decided by the board, was a liquidated aud ascertained debi due by Mexico to ihe claimants, and there was no justifiable reason for delaying ita payment according to the terms of the treaty. It was not, however, | paid. Mexico applied tor further indulgence ; and, | tn that spirit of liberality and forbearance which has ever inarked the policy of the United States towards that republic, the request was granted ; and, on the thirueth of January, 1843, a new treaty was conclu- ded By this treaty, it was provided, that the in- terest due on the awards in favor of claimants un- der the convention of the eleventh of April, 1839, should be paid on the thirtieth of April, 1843; and that ‘‘the principal of the said awards, and the in- terest arising thereon, shall be paid in.five years, in equal instalments every three months ; the said term ot five years to commence on the thirtieth day o: April, 1843, as aforesaid.” The interest due on the thirtieth day of April, 1843, and the three first of the twenty instalments, have been pai Seventeen of these instalments remain unpaid, seven of which are now due. _ ‘The claims which were left undecided by the joint commission, amounting to more than three millions of dollars, together with other claims for spoliations on the property of our citizens, were | subsequently presented to the Mexican government for payment, and were so far recognised that treaty providing for their examination and settle- ment by a joint commission, was, concluded and signed at Mexico on the twentieth day of Novem- ber, 1843. ‘This treaty was ratified by the United States, with certain amendments, to which no just exception could have been taken; butit has not yet received the ratification of the Mexican govern- ment. In the mean time our citizens who suflered “ee losses, and some of whom have been re- juced from affluence to bankruptcy, are without re- | medy, unless their rights be euforced by their go- vernment. Such a continued and unprovoked te- | 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 our example, had achieved her indepen- dence, und for whose success and prosperity all | ovr sympathies were early enlisted. ‘The | United States were the first to recogniee | 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, honorably avoid any hostile collision with her. Without the previous anthority of Congress, the Executive possessed no power to adopt or entorce adequate remedies for the injuries we have sutlered, or to do more than be prepared to repel the threat- ened aggression on the part of Mexico. After our | army and navy hod remained on the frontier and | coasts of Mexico for many weeks, without any hos- | tle movement on her part, though her menaces were continued, [deemed it important to put an end, if poasble, to this state of things. With this view, T caused stepa to be taken, in the month of | nptember last, to ascertain distinctly, and in an an- thentic form, what the designs of the Mexican go- vernment were, whether it was their intention to declare war, or invade Texas, or whether they were disposed to adjust and setile, in an amica- ble manner, the Gant, differences between the two countries. On the ninth of November an offi- | cial answer was received, that the Mexican go: | | | which I was unwilling to concede. the offer of the parallel of forty-nine degrees of north latitude, which had been made by two preceeding administrations, but without proposing to surrender to Great Britain, as they had done, the free naviga- tion of the Columbia river. The right of any for- eign Power to the tree navigation of any of our rivers, through the heart of our country, was one a 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 uestion, coming under discussion for the first time, | this proposition would not have been made. The extraordinary and wholly inadmissable demands of the British government, an 1 the rejection of the co eae made in deference alone to what had mn done by my predecessorw, and the implied ob- ligation which their acts seemed to impose, affor satisfactory evidenee, that no compromise which the United States ought to accept, can be effected. With this conviction, the proposition of aompromise which had been made and rejected, was, by my direction, subsequently withdrawn, wad our ttle to the whole Oregon territory asserted, and, af is be ved, maintained by irrefragable facts and argu- ments, | : rn , The civilized world will see in these proceedings aapirit of liberal eoncession on the part of the Uni- oki States; end this goveromeut will be relieved from all responsibility which may follow the tailure to settle the controversy. E i All attempts at compromise having failed, it be- eomes 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 tothat territory. {n adopting | measures for this purpose, care should be taken that nothing be done to violate the stipulatious of the convention of 1827, which is stull in force. The taith of treaties, in their letter and spirit, has ever been, and, L trust, willever be, scrupulonsly observ- | ed by the United States. Under that convention, a | year’s notice is required to be given by either party | to the other, before the joint occupancy shall termi- nate, and betore either can rightlully assert or exer- cive exclusive jurisdiction over apy portion of the territory. This notice it would, in my jadgment, | be proper to give; and I recommend that provision be made by law for giving 1t accordingly, and ter- | minating, in this manner, the convention of the 6th of August, 1827. ‘ 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 pretection of our laws and our jurisdiction, civil and criminal, ought to be immediately extend- | ed over our citizens in Oregon. They have had just cause to complain of our long neglect in this parti- | cular, and have, in consequence, been compelled, 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 cast 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 little delay as possible, in the full extent to which the British Par- iament have proceeded in regard to British subjects inthat territory, by their act of July the second, 1821, “fcr regulating the fur trade, and establishiny acriminal and civil jurisdiction within certain parts ot North America.” ; : 3 tended her laws and jurisdiction, civil and cri:nina!, over her subjects, engaged 10 the fur trade in that territory. By it, the courts of the province of Upper Canada were empowered to take coguizance 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- euing from the c®urts of that province, and to “sit and hold courts of record for the trial of criminal of- fences and misdemeanors,” not made the subject of capital punishment, and aleo of civil cases, where the cauae of action shall not ‘exceed in value the amotnt or sum of two hundred pounds.” Subsequent to the date o: this act of Parliament, a grant was made frum the “British crown” to the Hudson’s Bay Company, of the exclusive trade with the Indian tribes in the Oregon territory, subject to @ reservation thatitshall not operate tothe exclusion “of the subjects of any foreign States who, under- or by force of any convention for the time being, between us and such foreign States respectively, may be entitled to, and stall be engaged in, the said trade ”” Itis much to be regretted, that, while under this act British subjects lave enjoyed the protection of British laws and British judicial tribunals through- out the whole of Oregon, American citizens, in the same territory, have enjoyed uo such protection from thetr government. At the same time,tne result il- lustrates the charaeter of our people and their imsti- tauons, In spite of this neglect, they have mult plied, and their number is rapidly increasing in that territory. ‘They have made no appeal to arms, but | have peacetully fortitied themselves in their new homes, by the adoption of republican insritutions tor themselves; furnishtng another example of the truth that self-government is inkerent in the Ameri- can breast, aud must prevail. It is due to them Hee they should be embraced and protected by our aws Ic is deemed important that our laws regulating trade and intercourse with the Indian tribes east ot the Rocky mouutains, should be extended to such tribes as dwell beyond them. The increasing emigration to Oregon, and the care and protection which is due from_ the govern- tment to its ciuzens in that distant region, make it our duty, 48 it 18 our iuterest, (o cultivate amicable relations with the Iadian tribes of that territory.— | | For this purpose, I recommend that provision be | made for establishing an Indian agency, and such | sub-agencies as may be deemed necessary, beyond the Rocky Mountains. For the protection of ermgrants whilst on their way to Oregon, aguinst the attacks of the Indian tribes occupying the country through whieh they pass, J recommend that a suitable number of stuck- ades and block-house forts be erected along the u-u- al route between our irontier setilements on the Missouri and the Rocky Mountains; and that an ad equate foree of mounted riflemen be raised to guard aud protect them on 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 tor American citizens than British laws have long since done tor Briush subjects in the same territory. It requires several months to perform the voyage by sea from the Atlantic States to Oregon; and al- a we have a large number of whale ships in the Pacific, but few of them afford an opportunity ot interchanging intelligence, without great delay, between our settlements in that distant rerion and the United States. An overland mail is believed to be enurely practicable; end the importance of esta- blishing such # mail, at least once a month, is sub- muted to the favorable consideration of Congress. It 1s 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 the con- vention of 1827, for the security of our rights, and the government and protection of our citizens in Oregon. ‘That it will ultimately be wise and proper to muke liberal grants of land to the patriotic pio- neers, who, amidst privations and dangers, lead the way through savage tribes inhabiting the vast wil- derness intervening between our frontier settlements | and Oregon, und who cultivate, and ure ever ready to detend the soil, Iam fully satisfied. To doubt whether they will obtain such grants as soon as the convention between the United States and Great Britain shall have ceased to exist, would be to doubt 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 l have made, as to the best manser of securing our rights in Oregon, re submitted to Congress with great deference — iould they, in their wisdom, devise any other mode better calculated to accomplish the same ob- ject, it shall meet with my hearty concurrence. Atthe end of the year’s notice, should Congress thiok it proper to make provision for giving that no- tice, we shall have reached a period when the na- tional rights in Oregon must either be abandoned or firmly maintained. That they cannot be aban- doned without a sacrifice of both national honor | and interest, is too clear to admit of doubt Oregon is # purt of the North American conti- nent, to which it is contidently affirined, the ude of | the United States is the best now in existence. For the grounds on which that title rests, [ refer you 10 the correspondence of the late and present Secreta- ry of State witli the British plenipotentiary during | the negotiation. The Briugh proposition of com- promise, which would make the | of detached territo that river, and would leave on the British side two- thirds of the whole Oregon territory, includiog the free navigation of the Columbia and allthe valuable harbors on she Pacific, can never, tor a moment, be entertained by the United States, without au aban- donment of their just and clear territorial rights, their own sell-reepeet, end the netional honor. For the information of Congress, I communicate here- with the correspondence which took place between | mong other things, declared the duty on the port win ot Portaval in carke, under the existing laws and the two governments during the late negotiation. BER 3, 1845. | condition which they have assumed and maint By this act Great Britata, ex- | | coffee imported under all other circumstances was | same looting with that imported directly from Bra- vlumbia the line any arucle the growth, produce, or manuiucture of south of forty-nine degrees, with a trifling addition | the kingdom and possessions of Portugal, than such | 4 to the United States, north of us are or shall be payable on the like article being | Price Two Cents. —: territories heretofore wnoecupied; the addition of new States to our coalederaey ; the expansion of free principles, and our rising greatness as a nation are attracting the attention of the Powers of Eu rope; and la‘ely the doetrine has been broached in some of them, of a “balance of power” on this continent, to check our advancement. The United States, sincerely desirous of preserving relations of good understanding with al) nations, cannot in si- lence permit any European interference on the North American continent; and should any such in- terference he attempted, will be ready to resist it at any and all hazards Tt is well known to the American people aud to all nations, that this government has never inter- fered with the relations subsisting between other governments, We. have never made ourselves par- nes 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 goverament to be | the best, we have never attempted to propogate it by intrigues, by diplomacy, or by force. e omay claim on this continent «like exemption from Euro- pean interference. The nations of America are equally sovereign and independent with those of Europe. They possess the same rights, independ- ent of all foreign interposition, to make war, to conclude peace, and to regulate their internal aff urs The people of the United States cannot, therefore, view with indiflerence attempts of European powers to 1aterfere with the independent action of ihe na- tions on this continent. The Amencan sys'em of government is entirely different trom that of Europe Jealousy among the different soverrigns ot Europe, lest any one of them might become too powerful for the rest, has cansed ther anxiously to desire the es- tablishment of what wey term the “balance ot pow- er.” It cannot be permitted to have any appheation on the North American continent, and especially to the United States. We must evér maintain the rinciple, that the people of this centinent_alone ave the right to decide their own destiny. Should any portion of them, constituting an independent state, propose to unite themselves with our coutede- racy, this will be a question for them and_ us to determine, without any foreign interposition.— We can never consent that European Powers shall interfere to prevent such a union, because | it might disturb the “balance of power” which they may desire to maintain upon tis continent Near a quarter of acentury ago, the principle was distinetly announced to the world in the anoual message of one of my predecessors, that “the American continents, by the free and independent \ are henceforth not to be considered as subjects fo future colonization by any European powe This principle will apply, with greatly inereased force, should any d2uropean power attempt to establish any | new colony in North America. In the existing cir- | cumstances of the world, the peeert is deemed a proper cecasion to reiterate and reaffirm the princi- ple avowed by Mr. Monroe, and to state my cordix! concurrence in its wisdon and sound policy. The reassertion of this principle, especially in reterence te 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 respeeted ; but it is due alike to our safety and our interests, that the efficient protection of our laws should be ex- tended over our whole territorial limits, and that itshould be distinetly announced to the world es our settled policy, that no future European colony | the laws of Texas | Columbas. tb: that the excess of duties that had been collected on stoh wines should be 5 ted. By virtue of another clause in the Fame 5 provived that sil imita tions of Po r sballbe subject to the duty provided for th nuine article.” Imitetions of Port wine, the production of France. are Imported to some exient into the Unite! States; and the government cf that country now clrims that, under a correct con- struction of the act. these imitations ought not to pay a her duty than that imposed upon the original Port wine of Portugal. Itappears tome \o be unequal and unjust, that Fres ions of Fort wine should be subjected to a duty of ents, While the more val unble article from Portugal should pay & duty ot six ets. w cs only per gallon, Itheretore recommend to Congress such legislation aa may be necessary to correct the ine mali ‘Ihe late Prosident in bls suowal message of Decem- ber last. recommended on appropriation to satisfy the claims of the Texen government against the U. States, which had been previously adjusted,so far as the powers ot the Executive extend. Tnese claims arose out of the act of disarming a body of Texan troops under the com mand of Major Snively, by an officer inthe service of the United States, acting ander the orders of our govern> men id the forcible e atry into the Custom House at Bryarly’s landing, on Red River, by certain citizens of the United Statew, end taking away therefroin the goods seized by the collector of the customs es forfeited under This was a tiquidated debt, ascer- tained to be due to Texas when an independent State.— Her acceptance of the terms of annexation proposed by the United States does net discharge or invalidate the claim. 1 racommend that provision be made for its pays ment. The commiss cial session of wards set out On arrivi sage, the state of his health had become so critical, that, ¥ tha advice of bis medical attendunts he retuined to the United States early inthe month of October last. Com- modore Biddle, conmanding the Est {odia squadron, proceeded on ‘his voyay the Columbus, und was charged by the commissioner with the duty of exchang- ing with the proper authorities the ratifications of the treaty lately concluded with the Emperor of China Since the return of the commissioner to the U ‘States, his 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 amo: some of the nations of South America, which, following onr example, have established their independence, whise in others internal dissensions prevail. It is natural that our sympathies should be warmly enlisted for their wel- fore; that we should desire that all controversies be- tween them should be amicably adjusted, and their go- vernments administered in @ manner to protect the rights, and promote the prosperity of their people. It is contrary, however, to our settled policy, to interfere in their controversies, whether external or internal. T have thus adverted to all the subjects connected with our foreign relations, to which 1 deem it necessary to cull yourattention. | Our policy is not only peace with all, bat good will towards ali the Powers of the earth. While we are just to all, we require that all shall be just tous, Excepting the differences with Mexico and Great Britain, our relations with all civilized nations of the most satisfactory character. It is hoped that his en- lightened ege, these differences may be amicably ad- justed. "The Secretary of the Treasury, in h to Congreas, will communicete @ full statement of the condition of our finances. The imports for the fiscal year ending on the thirtieth of June last, were of the value of one hundred and seventeen millions two hun- dred end fifty-four thousand five hundred and sixty four dollars, of which the amount exported was fifteen mil- lions threo bundred and forty-six thousand eight hundred and thirty dollars —leaving a balance of one hundred and one millions nine hundred aud seven thousand seven bundred and thirty four dollars for domestic consump- tion. The exports for the same yeer were of the value of one hundred and foure millions six hundred and forty x thousand six hundred and six dollars; of which, ed to China during the sper e in March last, or dominion ‘hull 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 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 arise be- tween the captains and crews of the vess ing to the nations whose interests are commited to their charge, without the interference of the loca! authorities, unless the conduct of the crews or ci the captain should disturb the order or tranquillity of the country; or the said consuls should require their assistance to cause their decisions to be carried into eflect or supported.” ‘The Prussian consul at New Bedford, in June, 1844, applied to Mr. Justice Story to carry into effec a decision made by him between the captain and crew of the Prussian stip Borussia ; but the request was refused on the ground that, without previous legislation by Congress, the judiciary did not posses: the power to give effect to this article of the treaty The Prussian government, through. their minister here, have complained of this violation of the treaty and have asked the government ol the States to adopt the necessary measures to preven similar violations hereafter. Good teith to Prussie, as wellasto cther nations with whem we have similar treaty stipulations, requires that these should be faithfully observed. I have deemed it proper, theretore, to lay the subject betore Congress, and t recommend such legislation as may be necessary to give etlect 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, since the twenty-ninth of April 1832, have been adiutted to entry in the ports of Spain, including those of the Balerac aod Canary Islands, on payment of the same tonnage duty of five cenis per ton, as though they had been Spunich vessels; aud this, whether our vessels arrive in Spain directly from tie United States, or indireed/ from any other country. Wher Congress, by the act of the thirteenth of July, 1832, gave eflect to this arrangement between the two governments, they confined the reduction of tonnage duty merely to Spanish vessels “coming from a port mn Spain,” leaving the former discriminating duty to remain against such vessels coming trou a port in any other country. Itis manitestly unjust that, whilst American Vessels, arriving iu the ports ¢ Spain from other countries, pay no more duty tha Spanish vessels, Spapish vessels arriving in the ports ot the Uniied States from other countries houtd be subjected to.heavy discriminating tonn This is neither equality nor reciproet violation of the arrangement conciude , 1881, between the two countries. th Decen: The Spanish monstrances against this inequality, and the favor able attention of Congress hus been several umes invoked to the subject by my predecessors. I re- commend, as an act of justice to Spain, that this mequality be removed by Congress, and that the discriminating duties which have been levied under the act of the thirtieth of July, 1832, on Spau- ish vessels coming to the United Stutes from any other foreign country, be refunded. This recom- mendation does not embrace Spanish ves:els ar- riving inthe United States from Cuba and Porto Rico, which will still remain subject to the provi- sions of the act of June thirtieth, 1834, concerning tonnage duty on such vessels. By the act of the fourteenth of July, 1882, cotlee was exempted from duty altogether. This exemp- ton was universal, without reierence to the country where it wus produced, or tae national character of the vessel in which it was imported. By the tarifl act of the thirtieth of August, 1842, this exemption from duty was restricted to coffee imported in Ame- | rican vessels from the place of its production; whi! subjected to a duty of twenty percent. ad valorem Unuer this aet, and our existing treaty with the King of the Netherlands, Java coffee imported from the European ports of that kingdom into the United States, whether in Dutch or Ame- rican vessels, now pays this rate of duty. The government of the Netherlands complains that such a discriminating duty should have been imposed on coflee, the production of one of its coloniee, and which is chiefly fee or trom Java to the ports of that kinsdom, and exported from thence to foreign countries. Our trade with the Ne- belong- | government have made rep-ated and earnest re- | | the amount of domestic articles was ninety-nine millions two hundred and nuety-nine thousand seven hundred aud seventy six dollars. The receipts into the treasury during the same year were twenty-nine millions seve’ hundred and sixty-nine thousand one hnodred and thirty three dollars and fifty-six cents; of which there were de- rived from customs, tweaty-seven millions five hundred and twenty eight thourand ove hundred and twelve dol- | lars and seventy cents; from sales of public lands,two m: hous seventy-seven thousand and twenty.two dotlars aud thirty cents; and from ineideatal aud miscellaneous sources, one hundred and sixty thre thousand ume bun. dred and *ninety-eight dollars and fifty-six cents. Tho expenditures for the same period were twenty-nine mil- hens nine hundred und sixty-eight thonsand two hundred and six dollars and nivety-eight cents; of which eight ar millions five bundred and eighty-eight thousand one bun dred and fifty-seven dollars and ayn oreene were e applied to the payment of the public debt. in the treasury on the first of July Jast, w lions six hundred and filty-eight thousand three hundred and six dollars and twenty-two cents. The amount of the public debt remaining w the first of October last was seventeen millions seventy ~ five thousand four hundred aud forty-five doilars and ytwo cents, Further payments of the public debt ‘have been made, in suticipatiun of the period of its reimbureement wader the guthority confer: the Secretary Vrensury by the act: fitieenth, 1342, uth d state of our naced hostile collision with that power. | | rele tous With la ha contmgency, it was deemed pruden, to retain in the (reasury uo Bmount unusually lurge tor or dinary purposes. Atuw years ago, our whole national debt growin | view of su ntion acd the war of 1812, with Grea! Britain, Was extinguished.and we preseimed to the word the rare wnd noble spectacle of a gieat and growing | people who had fully discharged every obligation — siuce that time, the existing debt has been contracted — and small as itis, in Comparison with the similar bur dens of most other nations, it should be extinguisher at the earliest practicable period, Should the state of the | country permit, and, especially, if our foreign relations interpose uo obstacle, it is coutermplated (o apply all the moneys in the treasury as they accrue beyond what is required for the appropriations by Congress, to its liqni- |dauion. fcherishthe nope of soon being able to com | gratulate the country on its recovering once more the | fotty porition which it so recently oecupied. Our coun | ty, which exbibits to the worid the benelits of seli.gov | erntneat, in developing all the sources of nations! pros- perity, owes to mank tio: trom the bli Li | ntion of Congress is invited to the importance uitable mouitications aad reductions et the unposed by our present toriff laws. The $00 imports, should be to raise scary eXpeuses of government. ubledly “inthe exercise of a sount our of the rev | | ratvs of dut object of imposing dut | Fevenne t tion, dis Gute in arranging we rates of duty op | diferent a ut the discriminucions should be with | in the eaue stand: aod be made with the view to | faise money for the support of government. | Tt becomes imporau: Go understaad divtiactly what is | meant by arevenue standard, the maximum of which should not be exceeded e vates of duty imposed. It | is conceded, and experience proves, that duties may be aid vo high'as to dimiuish, or prohibit altogether, the inportation of any given article, and thereby lessen or destroy the revenue which, at lower rates, would be de- rived trom its importation. Such duties exceed the rev- enue rates, aud are not imposed to raise money tor the Support of government. It Congress ayy a duty, for revenue, ol ove per cent. on a given article, it will pro- duce & given amount of mouey to the treasury, aod will incidentally aud necessarily sffvrd protection, or advan- tage, to the amount of one per cent. tothe home manu- facturer ot a similar o- like article over the importer. If thé duty be rsised to ten per cent. it will produce @ reater amount of money, and afford greater protection. f it be still raised to twenty, twenty-five, or thirty per nt., and if, as it is raised, the revenue derived from it found to be increased,tue protection or advantage wall also be increased; but if it be raised to thirty-one per ct., and it is 4uund that the revenue produced at that rate is Jess than at thirty per cent., it ceases to be a revenue duty. ‘The precise pgint in the ascendiag scale of daties at Which itis ascertained from experience that the rev- enue is greatest, is the maximum rate of duty which can be laid tur the bo" fide purpose of collecting money for the support of government. I’o raise the dudes higher than that point, and thereby diminish the amount coljected, is to levy them for protection merely, and not for revenue: As long, then, as Congress may gredually increase the rate of vuty on a given article, and the reveuue is ine creased a jucreate of duty, they are within the re- When they go beyond that potat, and, ay they increase the duties, the revenue is diminished oc destroyed, the act ceases to have for its object the rais- ing of eae support government, but ts tor pro- tection merely. It does not follow that Congress sbould levy the high | est duties on all articles of import yhicn they will bear within the reveune standard: for such rates would pro- bably preduce a much larger amount than the economl- therlands is highly beneficial to both couutries, and our relations with them have ever been of the mo: friendly character. Under all the circumstances of the ¢ recommend that this discrimination should be abolished, and that the coffee of Java im- | ported from the Netherlands be placed upon the | zil and other countries where it is produced. Under the eighth section of the tariff act of th: thirtieth of August, 1842, a duty of fifteen cents per gallon was imposed on Port wine in casks; while, on the red wines of several other coun tries, when imported in casks, a duty of only six cents per gallon was imposed. This discrimi: tion, 60 fur as regarded the port wine of Poriuysl, was deemed a violation of our treaty with that Power, which provides, that “No highi- er or other duties shail be imposed on the importation into the United States of America of , produce, or manulacture of any other » "Accordingly, to give eflect the intention of the growth, foreign country to the treaty, as well as to henent to one class, 1 the others beyond their propertio cal administration of the government would require. Nor does it follow that the duties on all articles should be at the same, or a horizontal Some articles will vearamuch higher re than others. Below the maximem of ther tard Congress may and ought to discriminat stes imposed, taking care sot adjust them on 0) sas to produce in the aggregate the amount which, when added to the proceeds of sales of public lands, may be needed to pay the economical expenses of the government. In levying # tariff of duties, Cougress exercise the tax- ing power, end for purposes of revenue may select the objects of taxation. They may exempt certain articles allogether and permit their importation free. ot duty. On others they may impose low duties. In these classe: should be embraced such articles of necessity as are in goneral use, and esyecilly such as are consumed by javorer and the poor, us well as by the wealthy citiz Care should be taken that ail the grevt interests cf the country, including maoufectures, agriculture, com- merce, navigation, and the mechanic urts, should, us tar as may be practicable, derive equal advantages trom the incidental protection which a just system of revenuo 4 luties may affurd. ‘Taxation, wirect uF fucirect, is a bur. Jen, and it should be so imposed us Lo operate ay oq ly ae may be, onall classes, in (he proportion oF tueie ability to bear it. To » taxing power an actual essarily increases the burden of would be mani Congress, expressed in a proviso to the turif} | festly unjust. The terms "4 at act Viself, that nothing therein contained shoud | dustry,” are of populsr tg seb ‘ el pt hry pevly be so construed as to interfere with subsiet- ce el a iuet system 08 the rious ot Hud r eamury. ciroulue uy UllY COUT LY he farine Hier WhO ing treaties with foreign navions, 4 Weasury cireul:.y yearly 10 is Hela, ie ¢ od 4h was issued on the sixteenth of July, 1844, which |} the » @nute or the me e Nis bibor ol co Ke sued is Aw ettded he user, anc, Wh The rapid.exténsion of our settlements oyer our | treaty, to be sixcents per gallon, and directed | dustry” iu their diferent pursuts, The join. labors of ail