The New York Herald Newspaper, April 8, 1851, Page 3

1 UNITED STATES SUPREME COURT. 1850.--Samuel Oldfield, Marriott—In error to atin ‘ourt of the United States for the district of ‘Mr. Justice Wayne delivered the nof the ‘ayne ive! opinio! ces ean rk et ts Ss ’ a statement of facts made bythe The from it is, whether or not are within that clause of tho to reduco duties on fieo and ten aro exempt ted direct from the place of luction in American vessels, or iprocal treaties to luties, tonage and to keep the direct natieee which had » transporta- la from the place re are nations which have a right by treaties to bring into our ports in their yossels the produce of foreign nations, from tho laces of their production, upon the same terms ‘hat our own vessels empting coffee fro can vessels, direct ht by foreign vessels, entitled roeal treaties tobe exempt from discriminating duties, tonnage, and other charges, has a plain in- in application. Its terms are no No room is left for interpretation. The nations to which it applies are known. would, indeed, be a very wide coustruction to in- clude other nations under the act, with which the United States has no such reciprocity, either by mutual legislation or by treaties. application of the act is made, it opens a trade to our ports in the article of coffee in foreign vessels, which those nations deny to the United States, ‘The act itself shows a careful consideration of our trade of that article. ed States had desired in t It cannot be supposed that Congress meant to dis- regard it, or that it was inadvertently done, or that, for some unavowed and indiscoverable cause or reason, Congress has permitted foreign vessels to bring into our ports, from the place of its growth or manufacture, merchandise duty free, only be- cause we have treaties with they belong abolishing duties of tonnage and port Such and interpretation of the act 07 July, 1846, involves a departure from a point in our commercial system which has never been yield- ed to any nation, except when reciprocally done, or where a compensating advantage has been gained yy doing so, which was supposed to be the case with our treaty with France of 1822. gul there was no such inducement. error relies upon the second article of the treaty with Portugal, in cennection with the tariff act of July, 1846, and upon nothing else. his purpose. ‘The suggestion that such an_intepre- tation may be given to the act, because it might e been the intention to i f coffee duty free to the p is not at all probable. mere important—one upon which the United States has invariable acted—not to grant an indirect trade to our ports to any nation by which it is not reei- ions. But Poi placing denied to us the produce in our v ion arisin; othe resets of Port -act of the 80th of imports, in which it is said co from duty, when’ im their growth or pr An foreign vessels entitled b; pt from discriminat! ha: It is contended that Portuguese vessels are within mn a propert construction of it in cannec- 2d article of the treat, It is in these words: * Vesselsof t! -of America arriving either laden or in ballast in 13 of the kingdom and possessions of Portu- Portuguese vessels arriving, tention and ce: longer doubtful. with Portugal. ¢ United States gal, and reciprocal ef aden or in ballast, in the shall be treated on their entrance, : and at their departure, upon the same footing as national vessels comin; ¢, with respect to tho duties o! light-house duties, pilot: az to the fees of public o! vand charges, of whatever kind or denomination, pon vessels of commerce in the name o the profit of the government, the local authorities, ~or of any public or private establishment whatever.” is, that thero shall be an entire reci- procity of duties and charges upon the two nations in their resp Portuguese vessels in our ports shal an vessels do, and that guese ports shall } ng Portugnose ve What these duties may determined by each nation for its own port There is not a word in the article relating to the duties upon the cargoes of vessels of the either nation, Nor is there a provision in the treaty—as we shall show there is in other treaties between the United States and other nations from levying diseriminatin Y the vessels of cit other, when the) °, port charges, as well cers and all other daties the nations to which | The plaintiff in estricting either nation g duties upon cargoes ier into the ports of the are made up of articles, merehan- dise or manufactures, the growth or production of. than that to which the v tying it belongs, or when the cargo shall not be the production either of Portugal or of the United ‘They do not avail for ive the consum} le of the United surrenders a pri ‘This is the view which both nations have taken -of the 2d article, and of the other parts of the treaty relating to the cargoes of vessels. The Queen of Portugal than six months after the ra had been proclaimed by the United States, promul- gated a decree of the General Cort discriminating duty upon goods import eign vessels which were not the pi ti countries to which such yeesels might belong. ‘The object of it was to secure to Portuguese vessels the direct carrying-trade of such merchandise to the ports of Portugal. The United States did the same by tion of the act of the 30th August, 1812, two years after the troaty was made, duty of 10 per centum above tho rates of duty fixed pon goods, on the importation of hich, in ign vessels, a specific dis- crimination between them is not made in the act, which shall be imported in ships not of the United Our conclusion in this case affirms what has been of tho United States since they began as a nation their commercial inter- course with other nations. interests have been beneficial ; its influence upon other nations has been ultimately decisive and suc- in October, 1841, in less the unvarying poli ation of the treaty y Perhaps it is not too much to sa the changed political and produ nations, during the last half century, may have aided in liberalizing navigation between them— that it would not have been what it now is, if it had not been for the stand taken by the United States, | in respect to navigation and commerce, as early as 1785, which has been kept ever since. was to ask for no exclusive privileges, and to grant nonc—to offer to all nations and to ask from them of navigation which is made other, in their own vessels, their own productions and those of all nations, with- to the places from which they may be shipped, upon the same terms, both as to vessels and cargoes, as the vessels of each nation may take rts. One great object has relations, either by corre- n or by treaties. being preferred as legislative liberty to trade, is too vague and uncertain to secure toa nation all the advantages of its own commercial condition. Thirty ed before our proposals made any impression upon the restricted navigation sys- tem of Europe, and then only all that time, onr vessels countries with which wo traded the productions of Even that could not be done to many of the ports and colonies of other nations. Repeated efforts were made to a larger carrying trade, by the same rere gen B y—however much e condition of It placed an additional in ithe act, “ which, in Amer that entire reciprocit by each carrying to t! ‘This legislation was acted upon by both nations without any complaint or even suggestion that it ‘was not in conformity with the treaty stipulations It shows that the views of both were that the veesels of both wore to pay in their Tespective ports the charges their own vessels were subjected to, and no mor goods, not of Ameriean or Portuguese orted into the ports of either nation of the other, might be made liable to » # aseither might think wor direct trade of such articles. tice of both na- itself had provided The 3d, 4th, 5th, and 6th articles of the treaty relate to the introduction of merchandise into the two countries, and are all that do so. Sth exclude from the operation of those before them the coastwise trade of koth nations, and such countries in the kingdom and where foreign commerce an ‘were not admitted. And the 13th article is a mutua undertaking, if either nation shall grant to any “other nation a particular favor in navigation or com- merce, that * shall become come roe the other qarty, upon the same terms upon which the grant may be made. The 3d article luctions of either nation sha! itheir respective ports upon payment of the samo -duty as may be payable on the same merchandise if ‘it were the growth of any other foreign country. No prohibition can be put or exportation of the shall not extend nations; mor shall there be an: other duty in cither country, upon the exportation of artieles to cither from the other, than is supon the like articles ex seign country. Asyet not between them. them to their own been to produce sue! sponding legisla id that the duties upon years, however, -criminating duti to their own ves: We will now show that this tions was cxaotly what the treaty for between them. S only take to the the United States. for our vessels a fers to all nations of 2 it has been, that onr liberal views were fereed upon the United States, by the necessities of their commercial condition, at the close of the revolutionary war. It may be 20; but the remark admits the restraints that were upon navigation between nations, and it cannot be de- nied that the application of them to the United States brought its appropriate wisdom. commerce and navi, part and parcel of the intellect and of that day—imade what it was by t in which they had borne their culties which th their country wor a commerciabequa- lity with other natiens. Tho trade which the States as colonies had been allowed with the other eolonies of England was cut off by our se] thefmother country was subject: vides that the 8, and the difi- e overcome before of either nation to all other foreign ion ; that with to the rigid exclu. section of the navigation act of Charles ‘The English system, too, in respect to «1 been adopted by tho other nations h very slight exceptions, which can rted to any other ug has been said about rtation of eommedities from one nation er, or from forcign States. vided for in the 4th, 5th and 6th articles. both nations can carry in their vessels the pro- -duction of each into the ports of the other upon the produce and manufactures of Por- tugal and the United States, it must be remembered, not the produce or manufxetures of any foreign country; for the stipulation in the 5th artic spect to the transportation of these, permits it only to be done whenever there may be lawfully imported into any or all ofthe ports of either nation, in ves- sels of any foreign country, articles which are the produce or manufacture of a country other rting vessel shall be- vessels of both nations by all of them. United Statos,with all parts of the world were alto- e trade and navigatior as eack nation chose to Our treaty stipulations same terms—the gether permissive—suel allow upon its own terms. at that time with France, the Netherlands, and Sweden were not exceptions of any value. The only benefit from them was, that the commerge and navigation of the United States should not be bur- dened more than that of any foreign nation. With in, Portugal, and Denmark there In such a state of Great Britain, Sj was not even that reciprocity. things the Wnited [States began their career as a How changed our condition now ! Our views upon commerce were tho State papers of that day. As ear! John Adams, then representing the in England, proposed a reeiprocation of trade in the produce and manufacture of both nations, and in ‘oreign produce in the vessels of each, upon the snme terms and duties, upon the vessels and their cargoes, 13 national vessels might pay. posals were rejected, with a refusal to make any commercial treaty with the United States. Adams says, in a letter to Mr. J October 21, 17%:—* This being th you may depend upon it the commerce of America present, nor, in my opinion, than that to whieh the By the 6th articlo, t Xport and re-export from the ports of each all of merchandiza which can be or re-exported from the ports of either without pay- higher or other duties or charges than the samo icles pay when exported or re-exported in the ves- sels of either nation. ; ; From all this it -must be seen that noither nation has aright, by the treaty, to carry in their , @xsels, to the ports of the other, the produce of foi nthe payment of such duties, otherwise, as cach nation may romuigated in lawfully exported countries, except u) i wh rong ay, dated London, state of things, od both nations under the treaty from the time of its ratification, and under their respective legislation afterwards relating to daties upon car- 8 of foreign produce, without any misapprehen- by either, or by (he merchants of cither, of the rivileges of commerce conferred by tho treaty. deed there could have been none. J ceasary to state particularly what our treaty stipu- lations are, that the nature of the claim now made for hor veesels may be more fully understood. It is now said that that which the treaty does not it the vessels of Portugal to do, our own legis- that part of the act of 1846, to re- imports, which exempts coffee from Will have no relief at ever, until the United States shall’ have g passed navigation acts. If this measure is not adopt- and the more we suffer the ed we shall de deride: more will our calamities be laughed at. earnest exhortation to the States, then, fs, and ought toybe, to lose no time in passing such acts.” The temper of the times commerce generally, and that of the United States expecially, had been previc ment by its rejection of Mr. Pitt’s bill, “ to pera vessels belonging to citizens of the United States orts of the West India islands, with andise of American orig export to the United States any merchandise or goods whatever, subject only to the same duties and charges as if they had been the property of British natural born subjects, ed and imported in British American vessels were altogether excluded from the British West Indies, and the staple productions of the United States could not be carrie in British vessels. ‘The exhortation of Mr. Adams had been disroe most of the States. is recommendations, but, as_othors re- fused to concur, they were unavailing. The states- men of England knew that it wor done by the States, and thought, rightly too, that as Congress had not the confederation to trictions, Englan States directly, and through those, the rest of them, upon her own terms to our offers to negotiate, that in ates, without plenary power to regulate their trade and navigation conjointly, it would be difficult to make and to exercise treaty ents between them. result awakened the American poople to the full extent of their actual and pro: Greater efforts were made to ge States to pass connectively countervailing restrie- tions. They were urged to do so by every argu- ment which could be drawn from these foreign res traints upon commerce, which had already pressed rise of the American people almost into inaction—by all that aggravation of com+ distress which would inevitably follow from tho legistation of Great Britain, can cemmorce since 1783, unl Tho newspaper essays of that will amply compensate a out doing co, and a caro! sly shown in Pa goods or mere any duty. There was euch a misapprehension for some time for several months by some collectors—perhaps until cor- of our merchants rected in this instance. 7 ‘Tho error arose from a misapplication of the act to the treaties which we had wit! discriminating dties of tonnage and port stead of confining it to our treaties with such of them in which the same thing had been done, with the additional reciprocity, permitti our vessels and theirs to import into the ports o yment of the same duties, the produe- ions of other foreign countries, whether they aro in which they are pro- ind had been export- i all those nations, Some of them from the country duced, or from any other fore! When the act of July 30, I eommorcial treaties with twenty-four nations. Thir- Prussia, Sweden, 0 Hanseatic cities, ral America, and, ‘not be generally was passed,we had power .by the articles of #8 national countervailing res- Denmark, Hanover, S: Cireece, Venezuela, Brazil, Ce Eenador—‘‘had acceded to the most liberal and ex tended basis of maritime and commercial reci- They admit our yvoasels to enter thoir porta, whether -coming from the United States o wien or in ballast—whot! oduce of the United States or of any other ying the same tonnage duties Our vossols may her for the United country, whether laden or national or any we. They admit the prod Statos to entry, either for consumption or for samo duties and truly said, in rep a confedracy of any other foreign | commercial arrany tive commercial ag national vessels. -olear out from their ports, cit States or for any forei the known ente: Tee: ation, on pay: Shanes 69 similar articles, th other foreign country, pay, ‘whet! American or national vessels; and the productions n countries, likewise, on id charges, whether imported in American or national vessels, and whether coming from the United States, the country of production, or any other fore! in respect to Ameri- pd it ~~ resisted. y the su t Tot" them. Wiel I attention to the acts nent preceding that of the 28th Geo. III, chapter six, im connection with that act, noo havo a historical idea of American commerce, those causes which so much lessened the harmony he two nations for so ow no longer felt, and lost the interest which both have in preserving their sent liberal commercial intercourse. Still, the States did not the United States aro allo’ ‘same drawbacks as similar productions of other countries, whether originatty imported in Amorican 2s, Whether export national verse ot ga Sy nal sas im prise ca eegure, and of feeling betwee years afterwards, are allowed the ed in Aimoricau or countervailing re- On that account more than any other those conventions were held which ha: te nated in the present constitution of the United qounteryailing net under it at is give to ws andto its SBiity ana onter- supply of the produce merce waa tinct legislatures, nor subject As ecarlyas September, 1788, therefore, the acts im) ing, (Bose luties were re- the of Trade. The ards iustructed to ferred to the lords ot same committee was afterw: consider and repers what were the proposals of a commercial nature it would be Froper to be made by the government to the Uni States. In January following the committee made a report upon the sub; of American duties, and also upon the general subject of the commercial relations between the two countries. The report was drawn up by Mr. Jenkinson, then Baron onkeohany, afterwards Lord Liverpool. On the subject of commercial treaty, especially in ct to navigation, it states: ‘* After a full con- ion of all that has beon offered on the subject of navigation, the committee think that there is but ono proposition which it would be advisable for the ministers of Great Britan to make on this head to the government of tho United States, in a negotia- tion for a commercial treaty between the two coun- tries, viz: that British ships trading to the ports of the UnitedtStates should be treated, with respect to the duties upon tonnage and imports, in like man- ner as the ships of the United States shall be treated in the ports of Great Britain; and also, if Congress should propose, as it certainly will, that this prin- ciple of equality should be extended to our colonies and islands, and that the ships of the United States should be there treated as British ships, it should be answered that this demand can not be admitted even as a subject of negotiation.” These extracts from that report show that the statesmen af Great Britain did not entertain the liberal notions of trade and navigation which then prevailed in the United St ‘They were brought up under an opposite policy, which had long pre- vailed--proba ie very proper at first, as a war mneasure, to break “p the carrying trade of the Dutch, the great rival of itain; but it had evs and public men a fixed principle of the protection which each nation shoul to its trade and navigation against the competition of other nations. We do not intend to enter ies that discussion, those differences of opinion concerning trade and navigation which at the time excited between Amo- rican and British statesinen, we refer to Lord Shi field’s cotemporary strictures on the necessity of violably preserving the navigation and colonial system of Great Britain, Pursuing this point, however, that the stand ori- ginally taken by the United States had contributed to the present extended reciprocity of navigation between nations, we remark that the example of England towards the United States had directed the commercial policy of all the other nations of Europe with which the United States then traded. The utmost that could be gained from France, Spain, Portugal, the Netherlands, Denmark, and Sweden, was that our commerce with them should be put upon the footing of the most favored nation. ‘That, however, was very short of what the United States had proposed to Great Britain and the other nations just mentioned. ‘Those nations, yielding to the commercial supre- macy of Great Britain, hadnot then made an etturt to release themselvesfrom it. Nor were they in a condition todo so. In three years afterwards, the intelligence and enterprise of the United States, un- subdued by past fuilures, induced them to renew their efforts to gain a more extended trade and na- vigation. Mr. Jefferson, then Secretary of State, made a report to Congress upon the subject. It has the ability of ih og written by him in his long political career. r. Forsyth says that it suggest- ee st, friendly arrangements with the several na- ith whom the restrictions existed, or sepa- rate acts of our legislation to counteraet these de- fects. The end proposed to be attained by the first would have been a tree commerce of exe! be- tween the different nations in those descriptions of commodities which nature had best fitted cach to produce, subject to sueh modifications as purposes ef revenue might render necessary; and it was supposed that its operation would be an exchange of the raw materialy, then produced in the United States, for either manufactures which had reeeived tho last finish of art and industry of mere luxuries. Failing this, the alternative ofstatutory prohibitions, and coun- tervailing duties and regulations was to be applied.” [Report of the Secretary of State tothe Senate, WOth December, 1539.}. Upon the earlier State pa- pers and lp r essays already mentioned—tho report of Mr. Jefferson, another by Mr. Hamilton, I ic preceded it,) and the proposals of Mr. dams in 178—we rest our assertion that the Uni- ted States were in advance of other ions in res- pect to i by which comm. and navi- gation should be conducted between nations. Tho refusal of Great Britain to meet our proposals in a corresponding spirit, proves it. From what has been said, it must be admitted, also, thet, from the be- ginning, the counterv ~4: commercial legislation of the United States has been strietly rye ren If further proof of both were wanting, it may be found in the correspondence of Mr. » connected with his negotiation of the treaty of 174 with Great Britain, and im the treaty itself. Asall of us know, the restrictions which were put upon our commerce ty that treaty, were offensive to the pride as well as the interests ofthe American people. But, being the utmost that England would yield at that time of her own long established system, it was thought thatthe éxigencies of our commercial condition re- juired its ratification, Results provedit to be so. t did not reciprocate in any way the liberal views of commerce which had been indulged in the United States. But we now know that it was the most that could be got; and history not only relieves Mr. Ja: from the complaints of that day, but places his memory far above them. Notwithstanding the failure of every effort to place our navigation and commerce upon a better footing, nothing was done legislatively by the Uni: ted States from which it ean be said that there was any departure from the liberal icy which had been proposed to other nations, The natural advan- tages of the United States, the value of our pro- ductions, and the wars in Europe aiding the con- sumption of them, were constautly overcoming fe eign exertions, and kept usforbearing, if not always in good temper. In fact, exeept diserimina’ du- ties ae eens in favor of our vessels, to coun- tervail such as all the nations of Europe had im- posed in favor of their own ships—several of them intended to bear particularly upon American com- meree—our legislation was, up to that time, and for twenty years afterwards, exempt from every in- terferen h_@ free navigation. In 181%, as a War measure, Congress passed an act doubling all duties upon goods imported into the United States, with av additional duty of 10 per cent* upon such as might be brought in foreign vessel The act also ine! ed the duty upon the te ge of foreign s! one dollar and fifty cen That it was strictly a war measure is shown by its limitation to the con- tinnance of the war with England. When the war was at anend, and those in Europe had ceased by the overthrow of Napoleon, the United States took the earliest opportunity to renew their efforts for a more liberal navigation than had been at any time allowed by the nations of Europe with each other, or with the United States. ip In March, 1815, Con, ng duties laid by the act of July, 1812, up- ign sh nd their cargoes, were no longer to be levied, w the Pres.dent should be satisfied that the discriminating and countervailing duties of any foreign nation had been abolished, *o tar as they operated to the disadvantage of the United States. When that declaration was made, ov shortly after it, our plenipotentiaries, Mr. John Quiney Adams, Mr. Clay, and Mr. Gallatin, were in London, enga ‘Rotiating the commercial convention of isis with England. It is not doubted that the act had its influence upon the result. The convention con- tains all that the act proposes. It was the first relaxation made by Great Britain of her navigation laws in favor of free navigation, and the first ste] taken to meet the liberal principles of commercial intercourse which had been proposed to all aations by the United States so early in our history as has been already stated. It secured national treatment for our veesels—equal terms for cargoes, whother imported or exported in United States or English —equal import duties on the produce of the United States, as on like articles the produce of other foreign nations. But it still restricted the intercourse between the two nations to the uo tion of either—in other words, to the direct trade. Every effort which had boon mado by the United States for more than thirty years, any and to get #n indirect trade, had fail ed Indeed, the cot tal nations were not only unwilling to make any such arrangement, but they refused to accept—as KE nd had done—the terme offered by the act of the 3d of March, 1815. It was thon dotermined to renew the discriminating duties which that act had modified. It was confidently believed that by doing s0 come of those nations which had disregarded that act, would be coerced to accopt its terms. It was dono in April, 1916; and_ in January following another act was passed subjecting foreign vessels coming from any port or place to which tho vessels of the United States were not permitted to go and trade, to a duty of two dollars atoa. The act was limited to six months; but in two months afterwards, dari t believing that the indefi- offect ite o! s000er, Within the year, ia, tho herlands, and tho Hanse towns, repealed their discriminating duties upon Amorican vessels in their porte, nnd their vessels wore consequently ad- mitte ah ports of the United States upon cor- jerms uch cH gained, com our and But in’confirmation of with what had beens thet stan he navigation et of hares Ie opean that it was an essential regulation to protect the navigation of each natin from the competition of others. But the general pacification of 1815 restored the iotg-suapenied commercial in- tercourse between them, and with it sounder views of trade. It was believed, indeed, it had become known, that there were nations in Larope who had become as anxious as the United States were to rid themselves of the restrictions imposed upon thoir commerce by the English navigation act. They were not, however, in a condition to do so imme- diately in respect to each other, or unitedly against the supremacy of English navigation. Besides, our overtures to some of them for an indirect trade had not been met with the promptness or decision which had been anticipated. The time was fayor- able for more efficient legislation by the United States than had been made before. It was a mat- ter of doubt and hesitation with many of our pub- lic men what could or should be done in such a cri- sis. Fortunately there were those among them who were more decided; and Congress determined toadopt the clause of the lish navigation act of which we had always complained, with this proviso, however, that it should not be extended to the ves- sels of any foreign nation which has not adopted and which shall not adopt a similar regulation. The pear explains eof the act of the Is March, 1817. passed, the United ion aet. It was not, however, followed for several years with any coinci- dent result. But about that time an inci in the political world, which was desti ina great measure the commercig! intercourse be- tween nations. It was the revolt of the Spanish American provinces from Spain, and the reeogni- tion of them, by the United States and by England, as independent nations. Both were anxious to se- cure a trade with these new States. The United States sought it upon terms of the most extended reciprocity, both as to vessels and eargoes—Eng- land w more commercial liberality than her usual policy, without, however, yielding that main int of it which prevented foreign vessels from Biving an indirect trade to her ports. Indeed, so fixed had that conclusion become with the nations of Europe, that France, five years afterwards, would not relinquish, in her tre with the United States, her right to impose discriminating duties upon car: goes brought into her ports by foreign vessels. In 1825, the United States reaped the first fruits of the act of March 1, 1817. Then a treaty was made with Central America, the first known be- tween nations, establishing’ that reciprocity in re- els and cargoes, which had been offered forty years before by the United States to other nations, and which had for seven years been tender- ed by the act of March 1, 1817. “That treaty was fotlowed by others. Russia, Austria, Prussia, Den- mark, Sweden, Sardinia, Greece, the Hanseatic cities, Hanovor, Brazil uador, and Venezuela, made treaties with the United States upon the samo princip! The vessels of each of those nations were permitted to carry into the ports of the other, with- out discriminating duties, the productions of any foreign country, whether they were shipped from the places of ‘production or elsewhere. In other words, the vesstis of the United States, under those treaties, carry on with those nations an indirect trade, which they ean do in their vessels to our ports. The act of 1817 was slow in producing any arrange- ment of a like kind with Great Britain. t it has ultimately done so. The ole al interpretation of it by Mr. Secretary Crawford having been renewed by Mr. Secretary Walker's circular, after an inter- ruption of several years, @ negotiation was opened with England upon the subject, which resulted in giving to both nations the full intention and benefit of ‘the fret of the Ist March, 1817. Its operation. as we have said, had been suspended for sever years, from sume official misapprehension of its import, when a case occurred in tae circuit court of the United States for the southern district of New York, in whieh the learned judgo who presided, gave the first judivial interpretation of the act. Judge Betts, in that ease, reviews the legislative history of the act. The question presented in the case of the Recorder and her eargo was, whether an importa- tion into the pert ef New York by a British vessel from Lendon, of a quantity of silks, the Auction of the British possessions in India, was opti d the first section ef the act of Ist Mareb, 1817. ‘The court decided that the word “country” used in the section, comprehended the British, 3 im India, and that, consequently, the i tation was lawful. Tho learned judge took oceasion, also, to give his views as to the effect of the proviso in the first sestion. Wpon the + sane of the Coart’s opinion,the Secretary of the Treasury availed himself of its authority, in connection with what had been the first interpretation of the act, and issued his circular on the 6th of November, 1317, to the collestors and officers of the customs, directing them that “where it is satisfactorily shown that any for- eign nation allows American vessels laden with goods, the growth, juce, or manufacture of any coun- try out of the United States, freely to enter and land such merchandise in any of the parts of said country, whether such goods be carried directly from the place of origin, or from the ports of the United States, or from any other country whatso- ever, that the penalties of the act of the Ist March, 1817, are not to be enforced against the vessels of such ations bringing like goods either from the country of production or from the ports of the coun- try te. Which the vessels may belong.” The opinion of Judge Betts and, Seeratary Walker's circular led to a negotiation which terminated in Great Britain passing, in 1849, the statute of 12 and 13 of Vieto- i 49, and thus accomplished the great par- of our policy whieh had been proposed by the Tnited States to the nations of Ewrope—to Lng- land particularly—in 1735, by Mr. Adams. The cirevlar of Mr. Meredith, of the 1th October, 1549, shows what that poliey was, and why it was issued. We give it at length:— In consequence of questions submitted by mer- chants and others, asking, in consideration of the recent alteration of the british navigation laws, on what footing the commercial relations between the United States and Great Britain will be placed on and after the first day of January next—the day on which the reeent act of the Britich Parliament goes into operation—the departinent deems it ex- pedient at this time to issue the following general instructions for the information of the officers of the customs and others interested :— ** Pirst. In consequence of the alterations of the British navigation laws, above referred to, British vessels, from British or other foreign porte, will, under our existing laws, after the first day of January next, be allowed to enter our ports with cargoes of the growth, manufacture, or produstion of any part of the world. “Second. Such vessels and their cargoes will be admitted, from and after the date before mentioned, on the same torms as to duties, imposts, and charges, as vessels of the United States aud their cargoes.” With such facts to sustain it as have been re- cited—and they are all official—it may very truly be said that the reciprocity of navigation now existing between nations, and particularly between Great Britain and the United State: in a great degree owing to the perseverance of the United States in proposin f and contending for it for more than sixty ears. It cannot, therefore, be said, as it has been hy more than one foreign writer, that after the American colonies had established their independ- ence, they set about to form a code of navigation on the model of those of England. ‘Those writers have mistaken our legislation for our history, with- out seeking in the latter the causes of the former. Discriminating duties were never laid by Congress, except they were retaliatory, and for the purpoee of coercing other nations to a modification or repeal of their restrictions upon commorce and navigation. ‘The leading point and constanily-avowed intent of the United States have been to produce that reci- ity of trade for the vessels of different nations which had been denied by the nations of Europe for more than two hundred years. It was the American system contradistinguished from the European—the last now happily no longer so to the extent of ite former and long-continued exclusiveness. The judgment of the cireuit court is affirmed. True Ops: Test : ad M. Tuos. Carnott, C. S.C, U.S. Tur Remonep Ovrareag ty Cuny.—The various rumors respectiing an outbreak in Cuba, have their origin in the fact, well known hore, that » large number of tho patriots have been leaving Havana, since the 10th of this month, for Vuelta Abaje, with a view of joining tho revolutionary movement a# soon aa it breaks out. This movement has been hastened - the orders which hinve been issued for the arrest of the leading patriots in Havana, end in other parts of tho island. A considerable number of have retired to the mountaias, carrying with them an entire company of Spanish soldiers, which was stationed at San Cristobal, at tho foot of the Casco mountaine, and Lm deserters from the army. Theeo mountains afford rotreats inaccesei- ble to tho Spanish authorities. The arrests re- ferred to were made during the festivities on the o- casion of the visit of several distinguished members of our Congress to the Captain-(reneral, but wero not known to those gentlemen before they left Ila- vana.—New Orleans Delta, March 2. To Penvee, os Muni 4 —- of New Orteans have voted to proffer on. aan, 08 Totaining foo for that city in the MeDvnegh net eakdntied Us srckucs and sametuioons lent oceurred | Dantel Web- wil Our Venerucla Correspoudences Caracas, March 20, 1851. ment ought to do. We have @ little news of interest to the American public. Lord Palmerston, it is understood, has sent ont potitive instructions to the British Charge d’Affairs, to demand two hundred thousand dollars instanta- neously of this government, in part satisfaction of the losses by British subjects on account of the late law of Espera, suspending all debts for six or nine years, without interest. Although general in its operation, the law was intended ostensibly to ope- rate against foreigners. A report has been in circulation within a day or two, that Mr. Wilson, the British Charge, had de- manded his passport, notifying this government that tho Admiral would be here soon to enforee the pay- ment. I do not believe this report, however. It is true Mr. Wilson had engaged his passage by the bark Paez, for Philadelphia, on account of bad health, and said he had done all that he could do in furtherance of his instructions; that this govern- ment haying agreed to pay the loss sustained by British snbjects under the law of ra, amountin, to some four hundred thousand dollars, he woul leaye the matter in the hands of the Admiral. Congress has been for several days debating on the subject of these claims, and as to the mods of raising the money to pay them. ‘They know they must be paid—England is not to be played with, she enforces respect and justice for her subjects. Not so with American citizens, their rights are trampled under foot by this government, and they have no redre t Chi i the United State ¢ attend to the require they consider themselves in the and not in the capagity of publ ud paid from the peoples’ money, sta entinels on he watch-tower to guard their country’s honor and its citizens’ rig For insta » Should an Aime can furnish supplies to the gov nent aud take an order on its treasury for the payment, and should that order be refused payment, ‘the ereditor has no megps to enforce the same o through the minis- tertef his coun and the minister will refuse to i instructions to attend to from his government, aud the claim re- d letter, perhaps for ten, twenty or n citin ; ight of great men, ey will not thirty years—until the expense of trying to re- cover the claim a:mounts to more than the original demand, These South American governments are per fectly aware that A an Charge d’ affaires are appointed as political partizans, and not as efficient officers of their government—con- sequently little respect is paid to them. Look at Dr. Foote, he was appointed to New Grenada, in place of Mr. Bidlack, deceased; he obtained his outfit—his year’s salary—he went to Bogota—presented his credentials, and absolutely did nothing—notwithstanding there wero np urgent cases left unfinished by Mr. Bidlack; and according to the newspapers, returned home at the call of President Villmore, his intimate friend, to cdit a political paper, I believe, at Buffalo. In like manner Mr. Vun Allen was sent to Hucador, where his services. were eminently required as Charge @ affairs, where American interests had been tor yeais cuflering. But without attending to a single case, we see his rival announced at New York, in August last, and in the same paper bis nomination confirmed by the Senate of the United States. Let the people speak through the public press, with a voice of thuuder—let it echo from Maine to Florida, and from the Atlantic to the Pacific shores, esd *swhy the people are taxed to reward po- litical partizens for absolutely doing nothing.” Men sent as public agents to these republics should be working men, capable and industrious—their offices should not be converted into sinecures as now is the case. In some instances, Charges a’ affaires seek for the Sppointment in a warm climate, to restore their health, at the peoples’ expense, and, consequently, are wholly unfit for the duties of their office. Others come out as speculators and trafickers—and would defer making a elaim on the government, or enforeing ite payment, with a view to get some overnment contract, or some exclusive privilege. repeat, our government cannot be too caretul who they appoint to foreign missions, particularly to South American States. In sending competent agents, they should havo discretionary powers to act aceordihg to circuin- stances, and be held responsible for their conduct, either for negligence or excess of duty, and should be under heavy bonds. ‘This ist he view taken of the case by your correspondent, San Antonio. Our Geatemala Corseapondence. . Guaremata, Feb. 1, 1851. The War between Guatemala, Honduras, and San Salvador—The Battle of La Arada—Movements of the Guatemahan Army, §c. Believing it may be acceptable, I send you here- with enclosed, the last number of the Official Ga- cette, of Guatemala, containing matter of moro than ordinary interest respecting the occurrences which have recently taken place in these countries. Asa prelude to the news, I would observe that since tho month of September last, the States of San Salvador, Ilondwras, and Nicaragua formed an allianee, and set on foot the project of re-forming a federal government for Central America, cach State to send two representatives to Chinandega, (i ragua,) to constitute a federal Congress. the meeting, however, of this great body of six individuals, the States of San Salvador and Hondu- ras, against the tacit consent of Nicaragua, raised anarmy of some five thousand amen, aud invaded Guatemala, to oblige ber to enter the compact. The battle of La Arada will show you the result of their mad undertaking. It is to be hoped that this will be the last attempt oftho sort, as itis my candid opinion that no go yernment of the kind ean or ier to be formed. ‘These countries, at present, are totally unfit for and every attempt to form a federal government must and will tend to ereate revolutions, anarchy and confusion. What is most wanted, in my opinion, in these countries, and what would more than anything else tend to secure for them peace, is to bring about a good understanding and uniformity of action be- tween the American and British ‘representatives here, to the want of which, the present war is in nosmall degree owing; and'it would be very de- sirable that some decided steps of this sort were adopted by the two nations. Since the battle of La A 8 to have marched with his victorious army to Santa Ana, some twelve leagues, into the terri- tory of Salvador, reinforced la, whore, it is supposed, he will re- n for the present, for the purpose of preventing any attempt at a second invasion, and to oblige a change of government in San Salvador, without which, no mediation of ours, or any other amicable arrangement can take place—to obtain which, if necessary, General Carrera will no doubt march to San Salvador, This war upon Guatemala has been unjast and Ro ig ered and her conduct towards herneighbors has been throughout honorable and forbearing, ever wishing to avoid coming to blows, as her readiness to accept a friendly mediation of the foreign agents amply proves. Ww. Central American. SINGULAR DEVELOPEMENTS OF BRITISH INTRIGUE. James Gorvon Bexxerr, Esq. :— Feeling some interest in the fate of the Central American States, I have observed with no ordinary degree of solicitude, the discussion going on in tho public journals relative to British aggressions in that quarter. I have been familiar with that coun- try for more than twelve years, aud it strikes mo that our government ie most criminally supine on the subject, as a steady echeme of colonization has been going on during that time ; and at every point where an American plants his foot, he is met by a hint that there is an unsettled claim of Britich sub- jects here. British emissaries pervade tho wholo peninsula of Yucatan, and to thom alone, it is well known, is tho canse of tho Indian war in that coun- try; andthe reports circulated here from time to time, that the State has been given up to the arbi- tration of the British, proceeds from them alone. A year ago last winter, while I was in Merida, boarding at La Casa de las Diligences, a stranger arrived from Sisal, having been landed there by a British vessel; and as there were very few boardors, I became partially acquainted with him; till I was not aware that ho could speak English, a4 Spanish was generally spoken at the table, until one day a servant came tomy room and eaid, £2 injirno Vagles Tadtonnal thei he ‘bed been thrown, out of bear nin arent rg ht arm disabled, if not broken. Wh many apelogtes, he informed me that he wished to ask me the favor of writing a few short some bills on Havana, as ho jon gee oe a there who could write English; ish | fornie command. tlic: | Bronke, at Hau Antonie, ia tehads fn black servant with him who spoko 1 pooardl only. ly Wrote wgreeably to —aancataiacai es sen —e Another Demand from the British Government—The Reported Departure of the English Charge—The Conduct of American Agents— What our Govern timet ; ge the 4 Indian war which was in Toy shee I obearved, to him that I fori cross it ( “Poh!” said he, the poe rer tens thelr bas: siness better than to molest me; besides, these Com tral States must eventually become colonios.” Chispes, cat tis Lordoes de Gieaseeseiee: fag » Ore ol there I” found that a revolution had "proken ous in the latter place, and that Carrera had submitted. to voluntary exile—this was his story. On my re= turn to the coast, I found that he arrived a6 Laguna the day before 1 arrived. About eight oF ten foreigners called upon him there, m: the rest. Ilo recvived us very courteously, Was somewhat reserved until he ascertained we were all foreigners. Ile is not @ pere Indian, but pears to have quito a share of African blood in veins. Inthe course of conversation, he observed that he had been represented as the enemy to all whites; but it was not so, as he was particu- lar obligations to foreigners for his suecess; bat that the times had changed sinee '30-'40, and he was going to Havana to await the issue of et indeed, he hadalready bespoke his passage on of a Spanish © hooner, when a stranger arrived from ‘Tabas dhad an interview ‘wich bis the result of which was, the stranger returned to ‘Ta- basco, taking Carrera with him, who immediately retraced his steps across the country to Guatemala, and was there proclaimed the head’ of the republiog and it is dstinetly understood through British agents, as all the old Spanish families are against. him. They are weak; but they view it in the same light that we should, if Great Britain had the vower, and were to use it successfull,y in putting town President Fillaore’s administration and plac- ing Frederick Douglas in the chair. Last March, just one year ago, a British man-of war entered the harbor of Laguna, and lay there about four weeks, during which time the officers The citizens are core in Lon- made a complete survey of the port. v ed at the movement, as arts of the harbor pu di New Yor The officers, when « he motive of this new curvey, ref the British admiralty had ordered it, and that was. all they knew about it. The commander seldom, came on shore, and he had no official communica- tion with the manicipal authorities. This bay ia the only harbor along the southern shore of the Gulf of Mexico—all the other ports being merely open roadsteads or shallow inlets. It was undor- stood that they were to survey the whole coast of the peninsula, from the river San Pedro to Baltee. ‘This port, (Laguna,) it is well known, is the great pot for logwood, and England alone reveives from here nearly 100,000 tous annually. Now, when this faet is taken into consideration, added to the cireumstance of the constantly decreasing ~_ ply at Honduras, it requires no prophet to forete! where the British lion will next let fall his paw. IT am sick of party adulation, whose only ery is, “great statesman—great statesman!” as if that parrot echo could drown the thune of remon- strance proceeding from the heart of an indignant people, relative to our foreign relations. hem statesmen meet together at at a public dinner, and beslaver each other like two bovesiek youths, it is easy tobe seen that moral energy is wanting te meet the wily diplomacy of an unscrupulous and grasping empire. Itis very easy to write heroles to a distant hemisphere like Austria, but the t L both da, General Carrora is | : . t. | vegetation luxuriant; in others the land was bar- by 2,000 fresh troops | ple, (and they are seldom wrong,) will question the sincerity of this gin ebullition, when they be- hold the standard of freedom striken down to the dust onthe only highway from one part of the re+ public to the other, while our own citizens are come pelled to prostrate themselves before the Britisle Cerberus, who lies crouching in our path. Shalt these feeble sovercignties be absorbed inthe Britiol, empire? The question cannot be answered too soom, which I ehall endeavor to show, if you think this communication worth publishing. An Aurricax. Exrionations 1x Arrica.—The Rev. Me Thompson, who went to Africa two years ago te settle with the Amirtad Africans, lately passed up the Big Boom river for a distance of three hundred miles. This noble stream is nearly @ a mile wide in some places. Mr. ‘T. was the happy instrument of stopping a war of nine years’ con- tinuation among the tribes round Kaw me which is about 100 miles south of Sierra Leone, 50 from the coast. Ile made an arrangement, te the great delight of the chiefs, for estubliching @ mission at the furthest point he reached. Mr. Livingston, of Kolobeng, (25 degs. south latitude and 36 degs. cast lengitude,) some months ago, resolved to penctrate the Great Desert, whiok, atretehing away on the west, north-west, and north, has hitherto oe an insurmountrble barrier te Europeans. He proceeded six hundred miles inte: the interior, with a wagon and several cumnpenlenty without molestation. After travelling miles, they struck the Tonga river, and traced it up 300 miles more, till they came to the great lake Ngami, or “Great Water.” They for large rivers en- tering the Tonga from the north. ¢ narrowess part of the Tonga seen by them was sixty yards wide. The lake Brabout 20'miles long by Di broad. Mr. L, gives many interesting facts, and reports the natives ev ny where anxious to receive mission- aries. In a subsequent journey Mr. L. has dige covered another large lake about two hundred mileg north ef lake Ngami. The new lake contain seve= ral large islands, and is connected with the Ngami, by ® rapid stream culled the Teage. At tho close of the last advices, Mr. L. was proceeding north- ward, Messrs. Sumpeoy and Mackey have made several successful explorations from the Gaboon distriegy which is on the west coast, near the equator, and ia iowary station. They left Gaboon on thoie last journey, in visiting tho Coriseo and Llaviislands, andentered the Muni river, passing up fifteen miles. ‘The islands are beautiful and populous, and the ‘ople most anxieus for schools and missionaries. — ‘hey started to explore the Muni, but ware suaded by their interpreter to enter thor gee, atributary, which they ascended to its source in the mountains, The length was about ten hours of poming. Tho Key. John Day, superintendent of the Bap= cist mission at Bexley; has been examining the up- per part of Jt. John’s river. Le found an undulat= ing country, beautiful rills of clar cold water, and sopet? enone of valuable mapas and doceren at if our people want health, they may as su tain it in these high fegiomy aa yy tr ratlanie Thonativesare more stout, cheerful indas- and every wey hopeful, than any om tho const. ‘The missionaries in South Africa aro constantly extending their knowledge of the interior. have passed through portions of the Tulu couutry. Iu some places it was fertile and beautifal, ren, with not a tree to be seen for miles. The chief food of the inhabitants is milk, rice, and sweet potae toes. In one place a party of travellers came to the kraal of one of the principal Zulu chiefs, stylod by the ves En Corzan, and were hospitably onter- ‘A cup-bearer figured at the ing the travellers of Pharoal, and the kings of ancient times—a tall, stalworth aa= tive, whose head was bound with a large blue shawl, in Orien le. Large crops of mealies, sweet | potatoes, and Caffri corn were seen, as well as ime mense quantities of «ugar cane. A late Cape Town mail gi iseovery of a great lake, receiving several lange rivers, but with no outlet yet found. Seven daye journey north of this, is a ridge of very lofty moun- tains, beyond which the rivers flow northward. The editor predicts that, in less than a quarter of a com tury, the whole of South Africa up to the equator will be occeupied by civilized communities, | probably he under the dominion of Britain. Dr. [Beke has been making long explorations om the gyptian side of Africa. He expects that missionary efforts for that part their contre in the region of Uniamesi, moon.” Among these mountains Dr. Heke saw @ voleano in an active state. In the same region be found there was a vast lake named Usambiro. wo of the mountain peaks are above the snow lit tering in perpetual whiteness. —Philaddphia zation Herald, April 1. Naval Intelligence. Drath or Commovone Wansworti.—Com. Alex, fe Wadsworth died at Washington, on Saturday, where he was waiting orders. The deceased was a native of Maimm and had been in the service forty-seven years, oo tered it in 1804, forty years of which were peat ochane dutice He was considered one of the finest looking mem. in the navy, and was a gallant and offlcas. We understand he leaves a family to mou loes. Toat«wain Thomas $. Buxton. of the aloop-of. wea Jobu Adams, bas been dismissed Movements of Troors —The Juliet, New leans, with two hundred and fifty recruits fot the = hd tillery and Sd Infantry, sailed from this a ‘The ng officers “are attached Pty 4 Broyet Major J. B. Richardson, Sd Infantry; let D. N. Couch, 4th Artillery, Assistant Surgeoa W. ‘imgley. © E of the VU. 8, Pifth Infantry, arrived at ia artnet 6 th pt. "Re ona irri ot 5 conwere Capt. Bibiey aed Licut. Bankhead. Col. Monroe has teem relieved from be ome Sante Fo, ond suother has deen vent out with Gall lar Gon, Childs will relieve Gon. Persifor Smith in the od. The ls a aersted ton be a