State journal & flag. [volume], December 25, 1846, Image 1

About State journal & flag. [volume] (Tuscaloosa, Ala.) 1843-1846

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OLD SERIES—YQL.XH. CITY OF TUSCALOOSA, ALA., FRIDAY, DEC. 25, 1846.
NEW SERIES-VOL. 4-NO. 6
ne
J11IN TO’COlt MICK, STATE IltlMllt
FLAG OF THE UNION,
Established July 4, 1833.
STATE JOURNAL & FLAG OF THE UNION,
United November 9, 1843.
BY AUTHORITY.
TREATIES.
Tresly with the two Sicilies of commerce and
Navigation.
Concluded December 1st, 181').
By the President of the United States of America:
A PROCLAMATION.
Whereas, a Treaty of Commerce and Naviga
lion between the United States of America
and Ins Me.jety the King of the Kingdom of
the Two Sicilies, was concluded anil signed
at Naples, on the first day of December, one
thousand eight hundred and forty five, which
Treaty, being in the English and Dalian
languages, ts, word for word, as follows :
The United Slates of America and his Maj
csty the King ot the Kingdom of the Two Si
cilies, equally animated with the desire of main
taining the relations of good understanding
which have hitherto so happily subsisted be
tween their respective states, and consolidating
the commercial intercourse between them, have
agreed to enter into negotiations for the con
clusion of a Treaty of Commerce and Naviga
tion, for which purpose they have appointed
plenipotentiaries, that is to say :
The President of the United States of Ameri.
ca, William It. Polk, Cliaige d’Affiirs of the
said United States of Airerica to the Court of
his Majesty the King of the Kingdom of the
Two Sicilies ; and his Majesty the King of the
Kingdom of the Two Sicilies, D.Giusttno For
tunate, Knight Grand Cross of the Royal Mtli- !
lary Constant inian Order of St. George, and of !
Francis the 1st, Minister Secretary of State of
his said Majesty ; D. Michael Gravinaand Re j
quesenz, Piince ot Comiiini, Knight Grand
Cross of the K»f*l Order of Francis the 1st,
Gentleman of the Chamber in waiting, and Min
ister Secretary of Stale of Ins said Majesty;)
and D, Antonio Spinelii, of Scales, C miinan- i
iler of me Royul Order of Francis the 1st, Gen
tleman of the Chninbir of his said Majesty,
Member of the General Consults, and Superin
tendent General of the Archtevcs of the King- 1
dotn ; who, after having •exchanged their full
powers, found in good and due form, have cott
cludedaand signed the following articles :
Artici-e 1.
There shall be reciprocal liberty of commerce
and navigation between the United States of
America and the Kingdom of the Two Sicilies.
Fo duty of customs, or other impost, shall be
charged upon any goods, the produce or nianu
fac lire of one country, upon importation by sea
or by land from such country into the other,
other or higher than the duly or impost cliarg
ed upon goods of the same kmd, the produce rr
manufacture of, or imported Iro n auv other
country ; and the United Males of America and
liis Majesty the King of the Kingdom of He
Two Sicd et do hereby engage, that the sub
jects or citizens of any other State shall not en
joy any favor, privilege,or immunity, whatever,
in matters of commerce and navigation, which
shall not also, and a> the sime time, he extend
ed to the subjects or citizens of the other high
contracting party, gratuitously, if the concession
in favor of that other Slate shall have been gra
tuitous, and in return for n compensation, ns
nearly as possible ot proportionate value and ef
fect, to be adjusted by mutual agreement, if the
concession shall have been conditional.
ARTICLE II.
All articles of the produce ot manufacture of
either country, and of their respective stulee,
which can legally be imported into either coun
try from the other, in ships of that other conn
try, and thence coming,shall, when so impell
ed, be subject to the same duties, and enjoy the
same privileges, whether imported in slops of i
the one country, or in ships of the other: and in
like manner, all goods which can legally be ex
ported or re-exported from either country to the
other, in ships of that other country, shall, when
so exported or re-exported, be subject to the
same duties, and be entitled to the same privi
leges, drawbacks, bounties, and allowances,
whether exported in ships of the one country,
or in ships of the other.
Article III.
No duties of tonnage, harbor, light-houses,
pilotage, quarantine, or oilier similar duties, ol
whatever nature, or under wli itever denomina
tion, eliall be imposed in either country upon
the vessels of the other, in respect of voyages
between the United States of America and the
Kingdom of the Two Sicili-s, if laden, or in res
pect of any voyage, if in ballast, which shall
not be equally imposed iu the like cases on na
tional vessels.
Article IV.
It is hereby declared, that the stipulations of
the present tieaty are not to be understood as
applying to the navigation and canying trade
between one port and another, situated in the
States of either contracting party, such naviga
tion and trade being reserved exclusively to na
tional vessels. Vessels of either country shall,
however, be permitted to load or unload the
whole or part of their cargoes, at one or more
ports in the States of either of the high con
tracting parties, and then to proceed to com
plete the said loading or unloading at any other
port or ports in the same Stiles.
Article V.
Neither of the Iwo Governments, nor any
corporation or agent acting in behalt or under
the authority ot either Government shall, in the
purchase of any art icle which, being the growth,
produce, or manufacture of the one country,
shall be imported into the other, give, directly
or indirectly, any priority or presence on ac
count of, or in reference to, the national char
acterofthe vessel in which such article shall
have been imported; it being the true intent
and meaning of the high contracting parties that
no distinction or difference whatever shall be
made in this respect.
Article Vf.
The high contracting parties engage, in re
, gard to the personal privileges that the citizens
; ofthe United States of America shall enjoy in
the dominions of his Majesty the King of the
Kingdom of the Two Sicilies, and ihe subjects
of his said Majesty in the United Stales of Ame
frica, that they shall have free and undoubted
[Tight to travel and to reside in the States of the
Iwo high contract ing parties, subject to the same
precautions of police which are practiced to
‘ wards the subjects or citizens of the most favor
ed nations.
They shall be entitled to cccupy dwellings
and ware-houses, and to dispose of their person
I al properly of every kind and description, by
I sale, gift, exchange, will, or in any other way
whatever, without the smallest hinderance or
obstacle ; and their heirs or representatives, be
ing subjects or citizens of the other high con
tracting party, shall succeed to their personal
goods, whether by testament or ab intestalo ;
and may take p ssession thereof, either by them
selves or by others actin for them, and dispose
ot the same at will, paying to the profit of the
respective (jovernments such dues only as the
inhabitants of the country wherein the said
goods are, shall be subject to pay in like cases.
And in ca9C of the absence of the heir and rep
resentatives, such care shall be token of the said
goods as would be taken of the goods of ana
live of the same country in like case, until the
lawful owner may take measures for receiving
them. And if a question should arise among
several claimants as to which of them said goods
belong, the same shall be decided fiunlly by the
laws and judges of the land wherein the said
goods are.
They shall not be obliged to pay, under any
pretence whatever, any laxeB or impositions,
other or greater than those which are paid, or
may hereafter he paid, by the subjects or citi
zens of the most favored nations, in the respec
tive States of the high contracting parties.
They shall he exempt from all military ser
vice, whether by land or by sea; from forced
loans, and from every extraordinary contribution
not general ant by law established. Their
dwellings, warehouses, and all premises apper
taining thereto, destined for purposes of com
merce or residence, shall be respected. No ar
bitrary search of, or visit to. their houses, and
no arbitrary examination or inspection whatever
of the books, papers, or accounts ot their trade,
shall be made, hut such measures shall be exe
cuted only in conformity with the legal sentence
of a competent tribunal ; and each of the two
high contracting pomes engages that the citi
zens or subjects of the other, residing in their
respectivehtates, shall edjoy their property and
personal security in as full and ample manner
as their own citizens or subjects, or the subjects
or citizens of the most favored nation.
Article VII.
The citizens and the subjects of each of the
two high contracting narties shall be free in the
Stales of the other to manage their own affairs
themselves, or to commit those affairs to the
management of any persons whom they may
appoint as their broker, factor, or agent ; nor
shall the citizens and subjects of (lie two high
contracting parties be restrained in their choice
of persons to act in such capacities, nor shall
they he called upon to pay any salary or remu
neration to any person whom they shall not
choose to employ.
Absolute freedom shall be given in oil coses
to I lie buyer and seller to bargain together, and
to fix the price of any goods or merchandise
imported in o, or to be exported from, the States
anil dominions of the two high contracting par
ties ; save and except generally such cases
wherein the laws and usages ot the country may
require'lie intervention of any special agents
jn the Slates and dominions of the high con
tracting parties.
Article VIII.
Lacli of the two high contracting parties
may have, in the ports of the other, consuls,
vice consuls, and commercial agents, of their
own appointment, who shall enjoy the same
privileges and powers of those of the mo t fa
vored nations ; but if'any such consuls shall ex
ercise commerce, they shall be subject to the
same laws and usages'lo which the private in
dividuals of their nation are subject in the same
place.
The said consuls, v<ce consuls, and commer
cial agents are authorized In require the assist
ance of the local authorities for the search, ar
rest, detention, and imprisonment of the desert
ers from i lie slops of war and merchant vessels
of their country. For tins purpose, they shall
apply to the competent tribunals, judges,and of
ficers, and shall in writing demand the said de
serters, proving by the exhibition of the regis
ters of the vessels, the rolls of the crews, or by
other official documents, that such individuals
furled part of the crews ; and this reclama
tion being thus substantiated, the surrender
shall not be refused.
Such deserters, when arrested, shall be pla
ced at Hie disposal of tlie said consuls, vice
consuls,or commercial agents, and may be con
fined m Llie public prisons, at llio request and
cost of those who shall chain them, in order lo
be detained until the lime When they shall be
restored to the vessel to which they belonged,
or setil buck to their own country by a vessel
of the same nation, or any other vessel whatso
ever. Hut if not sent hack within four months
from the duy of tlietr arrest, or If all the expen
ses of such imprisonment are not defrayed by
the party cuusing such nrrest and imprison
ment. they shall be set at liberty, and slmil not
he again arrested for tile same cause.
However, if the deserler should bu found to
have cbhimilted any crime or offence, his stir -
render may be delayed until the tribunal, be
fore which Ins case shall be depending shall
have pronounced its sentence, ami such sen
tence shall have been carried into effect.
Article IX.
If any ships of war or merchant vessels be
wrecked on the coasts of the states of either of
the high contracting parties, such ships or ves
sels, or any parts thereof, and all furniture and
appurtenances belonging thereunto, and all
goods and merchandise which shall be sated
therefrom, or the produce thereof, if sold, shall
be faithfully restored with the least possible de
lay to the proprietors, upon being claimed by
them,or their duty authorized factors, and if
there are no such proprietors or factors on the
spot, then the said goods and merchandise, or
the proceeds thereof, as well as all the papers
found on board such wrecked ships or vessels,
shall be delivered to the American or Sicilian
consul or vice consul in whose district the |
wreck may have taken place ; and such consul- j
vice consul, proprietors, or factors, shall pay one I
ly the expenses incurred in the preservation of:
the property, together with the rate of salvage, I
and expenses of quarantine which would have
been payable in the like case of a wreck of a
national vessel ; and all goods and merchandise
saved from the wreck shall not be subject to du
ties, unless cleared for consumption ; it being
uu erstood that in case of any legal claim upon 1
such wrecks, goods or merchanrlis ■, the same |
shall be referred for decision to the competent j
tribunals of the country.
Article X.
The merchant vessels of each of the two high t
contracting parties which may be forced by
stress of weather or other cause into one of the
ports of the other, shall i.e exempt from all du
ty of port or navigation paid for the benefit of;
the State, if the motive which led to take ref
uge be reul and evident, and if no operation of
commerce be dene by loading or uiiluaPing,mer
chandise well understood, however, that the
loading or unloading, which may regard the sub
sistence of the crew, or necessary fur the repa
ration of the vessel, shall not be considered
operations of commerce, which lead to the pay
ment of duties, end that the said vessels do not
ytay in oort beyond the time necessary, keeping
in view the cause which led to taking refuge.
Article XI.
To carry always more fully into effect the in
| tentions of tbe two high contracting parties,
they agree thati-very difference of duty, wheth
er of the ten per cent, or other, established in
the respective States, to the prejudice of the
navigation and commerce of those nntione which
have not treaties of commerce and navigation
w.th them, shall cease and remain abolished in
conformity to the principle established in the
first article ot the present treaty, as well on the
productions of the soil and industry of the King
dom of the Two Sicilies, which therefrom shall
be imported into the United States of America,
whether in vessels of the one or ot the other
country, as on those which in like mnnner, shall
be imported in the Kingdom ofthe Two Sicilies
in vessels of both countries.
They declare besides, that as the productions
of the soil and indstry ofthe two countries, oil
their introduction into the ports of the other,
shall not be subject to greater duties than those
which shall be imposed on the like productions
of the most favored nations, so the red and while
wines of the Kingdom of the Two Sicilies of
every kind, including those of Marsala, which
may be imported directly into the United States
of America, whether in vessels ofthe one cy of
the oilier country, shall not pay higher or great
er duties than those of the rtd and white wines
ofthe most favored nations. And in like man.
ner, the cottons of the United States of Ameri
ca, which may be impoited directly into the
Kingdom of the Two Sicilies, whether ill ves
sels ofthe one or other nation, shall not pay high
er or greater duties than the cottons of Egypt,
Bengal, or those of the must favored nations.
Article XII.
The present treaty shall be in force from this
day, and for the term of ten years, and further,
until the end of twelve months after either of
the high contracting parlies shall have given
notice to the other of its intention to lermmate
the same, each ofthe said high contracting par
ties reserving lo itself the right of giving such
iKitid at the end ofthe said term of ten years,
or at any subsequent term.
Article XIII.
1 he present treaty shall lie approved and rat
ified by the President of the United States of
America, by and with the advice ai d consent
of the Senate of the said^States, and oy his Maj
esty the King of the Kingdom of t he Two Sici
lies, and the ratifications shall be exchanged at
Naples, at the expiration of six months from the
date of its signature, or sooner, if possible.
In witness whereof, the respective plenipo.
tent juries have signed the same, and have affix
ed thereto the seals of their arms.
Done at Naples the first of December, in the
year one thousand eight hundred and forty-five.
William II. Polk, [l s ]
And whereas, the said Treaty has been duly
ratified on both parts, and the respective rntifi
cati ns of the same were exchanged at Naples,
on the first day of June, one thousand eight hun
dred and forty-six, by William H. PoM<. Charge
d’Afl'aires of the United Stales, and D. Giuslino
Foitunato, Knight Grand Cross of the Royal
Military Constantinian Order of St. George,
and of Francis the 1st., Minister Secretary of
Stale of his said Majesty ; D. Michael Gravina
and Kequesenz, Prince of Comitini, Knight
Grand Cross of the Royal Order of Francis the
1st., Gentleman of the Chamber in waiting, and
Minister Secretary of Slate of his enid Majesty;
and D. Antonio Spiii'-lli, of Scalea .ACominander
ofthe Royal Order of Francis the 1st., Gentle
man of the Chamber of Ins said Maj-s'y, Mem.
be r of the Gen-ral Consults, and Sup>-rintun
d Ill-General ofthe Archives of the Kingdom,
on the part of their respective Gnvernmen's :
No w, Til EllEFORE. BE IT KNOWN, that I,
JAMES K POLK, President of the United
States of America, have caused the said Trea
ty be made public, to the end that the same,
and every clause and article thereof may he ob
served and fulfilled wi h good faith, by the Uni
ted Slates and the citizens thereof.
In witness whereof, I have hereunto set
my hand, and cause the seal of the United
States to be affixed.
Done at the city of Washington, this twenty
fourth day of July, in the year of our
[seal ] Lord one thousand eight hundred and
forty six, and of the Independence of
the United States the seventy-first
JAMES K. POLK.
By the President;
James Buchanan, Secretary of Slate.
Treaty with Great Britain of limits westward
ofthe Rocky Mountains.
Concluded June 15th, 1840.
J)j the Frtident of the United Slatet of America;
A PROCLAMATION.
Whereas, a Treaty between the United States
of America and Her Majesty the Queen of
the United Kingdom of Great Britain and
Ireland was concluded and signed hy their
plenipotentiaries at Washin ton, on the fif
teenth day of June last, which treaty is, word
f..r word, ns follows :
The United States of America and her Mnj
csty the Queen ofthe United Kingdom of Greal
Britain and Ireland, deeming it to be desirable
for the f<Hlire welfare of bo'h countries that (In
state of doubt and uncertainty which has hith
erto prevailed respecting the sovereignty and
government of the territory on the northwest
coast of America, K ing westward ofthe Picki
or Stony mountains, should be finally termina
ted by an amicable cc-mp'omiac ofthe rights
mutually asserted by the two parlies over the
siid territory, have respectively named pleni
potent aries to tri at and agree concerning the
terms of such set'lenient—that is lossy: the
President of the United Stales of America has.
on his part, furnished with full powers Jam' s
Buchanan, Secretary of State of the United
States, and her Majesty, the Queen ofthe Uni
ted Kingdom of Greal Britain and Ireland, has
on her part, appointed the Right Honorable
Richard Pakenham, a member of her Majesty’s
most honoi able privv council, and he- Mnjesly’s
env y extraordinary and minister plenipotentia
ry to the United States; who. after having
communicated to each other their respective full
powers, found in good and du- form, have
agreed upon and concluded the following arti
cles :
Article I.
f rom Hip point on the forty ninth pa'aliel of
north latitude, where the boundary laid down in
existing treaties and conventions between the
United States and Great Britain terminates, the
I ne of boundary between the territories of the
United Slates and iliose of her Britanic Majes
ty shall be contin led westward along the said
forty-ninth parallel of north latitude to the mid
die of the channel which sepiyates the conti
nent from Vancouver’s Island, and thence south
erly through the iniiddle of the said channel,
and of Fuca’s straits to the Pacific Ocean :
Provided% however. That the navigation of the
whole of the Paul channel and straits south of
the forty .ninth parallel of north latitude remain
free and open to both parties.
Article 11.
From the point at which the forty-ninth paral
lel of north latitude shall be found to intersect
the great northern branch ot the Columbia riv
er, the navigation of the said branch shall be
free and open to the Hudson’s Bav Company,
and to all British subjects trading "wiili the
same, to the point where the said branr?h meets
the main stream of*the Columbia, and thence
down the said main stream to the ocean, with
free access into and thiougli the |saul river nr
rivers, it being understood tlmt all the usual
portages along the line thus described shall in
like manner be free and oppn. fn navigating
the said river or rivers, British subjects, with
their goods anil produce, shall be’trented on the
same footing as citizens of the United States ;
it being, however, always understood that noth
ing in this article shall be construed ae, prevent
ing. or tnlenocd to prevent, the Government of
' the United States from making any regulations
! respecting the navigation ot the said river or
j rivers not inconsistent with the present treaty.
Article III.
i In the future appropriation of the territory
smith ofthe forty-ninth parallel of north latitude,
as provided in the first article of this treaty,
the possessory rights of the Hudson’s Bay
I Company, and of all British subjects who may
be already in the occupation of land or other
properly lawfully acquired within the said ter
ritory, shall be respected.
Article IV.
The farms, lands, and other property of eve
ry description belonging to the Puget's Sound
Agricultural Companyon the north side of the
Columbia river, shall be confirmed to the said
company. Incase, however,the Situation of
those farms and lards shniild he considered by
the United States m be nf p ;blic and political
importance, anil tho United S ates Govern
ment should sigrify a desire to obtain posses
sion of the whole, nr of any part thereof, the
property so required shall be transferred to the
said Governmmt, at a proper valuation, to be
agreed upon between the parties.
Article V.
The present treaty shall be ratified by I lie
President ofilie United States, by and with
the advice and const nt of the Senate thereof,
and by her Britannic Majesty ; and the ralifi.
cations shall be exchanged at London, at the
expiration of six months from the date hereof,
or sooner, if possible.
In witness whereof, the respective plenipo
tentiaries have signed the same, and have atHx
ed thereto the seals of their arms.
f)one at. Washington the fifteenth day of
June, in the year of our Lord one thousand eight
hundred and fnriv vix.
JAMES BUCHANAN. |l s |
RICHARD PAKENHAM, (l. s.j
And whereas the said treaty lias been duly
ratified on both parts, anil the respectivo ratifi
cations of the same were exchanged at London,
on the seventeenth ultimo, by Louis Me Lane,
envoy extraordinary and minister plenipotenti
ary ot the United States, and Viscount. Palmer
ston, her Britannic Majesty's Principal Secre
tary of State for Foreign Affairs, on the part of
their respective Governments.
Nnw, therefore, re it known, thnt I,
JAMES K. POLK, Pc siilent ofthe United
States or America, have caused tlie said treaty
to be made public, to the end that the same
and every clause and article thereof may be ob
served and fulfilled with good faith by the Uni
ted Slat PS tnd citizens llieroof,
In witness whfreof, I have hereunto 6et
mv hand, and caused the seal of the United
Slates to be affixed.
Done at the citv nf Washington, this filth
day nf August, in the year of our
[L. s] Lord one thousand eight hundred and
forty-six, and nf tho independence of
the United States, the sevent,-first.
JAMES K. POLK.
By the President :
James Buchanan, Secretary of Stele.
Convention with Bavaria, for the Abolition of
the Droit D'Aubaine and tex ts on cmigra
lion.
Concluded January 21,1845.
By the President of the United States of America:
A PROCLAMATION.
Whereas n convention b tween the United
States of America and his Majesty the King
of Havana was concluded and sinned at
Berlin by their respective plenipotentiaries,
on the twenty-first day of January, one thou
sand eight hundred and foityfive; which
convention, being in the English and Ger
man languages, is, word for word, us fol
lows :
Convention for the mutual abolition of the
droit, d'aubaine. and taxes on emigration
between the United Slates of America and
his Majesty the King of Bavaria.
The United States of America nnd his Maj
esty the King of Bavnria, having agreed, for
the advantage of their respective citizms and
subjects, to conclude a convention for the mu
tual abolition of the Droit d'aubaine anil taxes
on emigration, have named, for this purpose
tin tr respective plenipotentiaries, namely: the
President of the United States of America has
conferred full powers on Henry \\ heaton,
their Envoy Extraordinary and Minister I’lenl■
potentiarv at the Royal Court of Prussia; and
nis majesty the King of Bavaria, upon Count
Maximilian von Lerchenfeld-Kooferine, his
Chamberlain, Envoy Extraordinary and Min
ister Plenipotentiary at till) Royal Prussian
Court, Commander oflhe Royal Order of the
Knights of St. tteorge, of the order for Merit
in Civil Service ot the Bavarian Crown, of St,
Michael, Grand Cross of the Russian Imperial
Order of St. Anne of the first class, of the
Royal Prussian Order of the Red Eagle ol the
first class, Commander Grand Cross of the
Royal Swedish Order ot the North Star, and
Great Commander of the Royal Greek Order
of the Saviour; who, aflcr having exchanged
their said full powers, found in due and proper
form, have agreed to and signed the following
articles :
Article 1.
Every kind of droil d aubainc, droit de re
iraite, and droit del action or tax on em'gta
tlon, ia hereby, and shall remain, abolished be
tween the Iwo contracting parties, then States,
citizens, and subjects, respectively.
Article II.
Where, on the death of any person holding
real property within the territories of one party,
such real property would, by the laws of the
land, descend on a citizen nr subject of the oth
er, where he not disqualified by alienage, such
citizen or subject shall be allowed a term of two
years to sell the same, which tetin may be ret
sonably prolonged according to circumstances,
and to wnhdraw the proceeds thereof, without
molestation, and exempt from all duties of de
traction.
Article HI.
The citizens and subjects of each of the con
tracting parlies shall have power to dipo-e of
their personal pioperty within the Slates of the
other, by testament, donation, or otbeiwise;
and their heirs, legatees, and donees, being
citizens or subjects of the other contracting par
ty, shall succeed to their said pergonal proper'y,
and may take possession thereof, either by
themselves or by others acting lor them, ami
dispose of the same at their pleasure, paying
such duties only as the inhabitants of the coutt
try where the said property lies shall be liable
to pay in like cases.
Article IV.
In case of the absence of the heirs, the same
care shall be taken, prrvisionally, of attch real
or personal propci ty as would be taken hi a
like case ot properly belonging to the natives
of the country, until the lawful owner, or ihe
person who Ins a right to sell the some actor
ding to article II, may lake measures to receive
or dispose of the inheritance.
Article V.
If any dispute should atise between different
claimants to the same inheritance, they shnlI
bn decided in the l„st resort accordin' to the
laws, anil by the judges of the country where
•the property is situated.
Article VI.
But this convention shall not derogate in any
manner from the force nf the laws already pub
lislied, or hereafter to be published, bj bis
Majesty the King of Bavaria, to prevent the
emigration of bis subjects.
Article VII.
This convention is concluded subject to the
ralifica ion of the President of the United
Staiesof America, by and with the advice and
consent of their Senate, and of bis Majesty the
King of Bavaria, and the ratifications thereof
shall be exchanged at Berlin within the term of
fifteen months from the date of the signature
thereof, or sooner if possible.
In witness whereof, the respective plenipo
tentiaries have signed the above articles, as well
in English as in German, and have thereto af
fixed tlieir seals.
Done in quadruplicate, in the city of Berlin,
on the twenty-fir“t day of January, one thousand
eight hundred and forty- five, in the sixty ninth
year of the independence ot the United States
of America, anil ihe nineteenth of the reign of
his Majesty the King of Bavaria.
Henry Wheaton, [l. s j
And whereas the said convpn'ion has been
duly ratified on both parte, and the respective
ratifica'intis ot the same were excfianged at
Berlin, on the fourth day of November, one
thousand eight hundred and forty five, by Hen
ry Wheaton, Envoy Extraordinary and Minis
ter Plenipotentiary of the United States, and
the Count Maximilian von l.erclicnfeld, Cham
berlain nf bis Majesty the King of Bavaria, arid
bis Envoy Extraordinary and Minister Plenipo
tentiary mar the Court ofliis Majesty I lie King
of Prussia, on the part of their respective Gov
ernments :
Now, then-fore be it known, that 1, JAMES
K. POLK, President of the United St iles of
America, have caused llie said convention to
be made public, to the end that the same, and
every clause and article thereof may be obser
ved and fulfilled with good faith by tile United
States and the citizens thereof.
In witness whereof, I have hereunto Bet my
hand and caused the seal of the United States
to he affixed.
Done at the city of Washington, this fifteenth
day of August, in the year or our
[i. s.j Lord one thousand eight hundred and
fort)-six, and of the independence of
the United States the seventy-first.
JAMES K. POLK.
By the President:
James Buchanan, Secret nry nf State.
PROCLAMATIONS.
By the President of the United Slates of America:
A PROCLAMATION.
Whorons hy an act of the Congress of the Uni
ted States of tho 3d of March 1845, entitled,
“An act allowing drawback upon foreign
merchandise exported in the originul packa
ges to Chthntihua and Santa Fe, n Mexico,
und to the British North American Provinces
adjoining the United States,” certain privi
leges are extended in reference to drawback
to ports therein specially enumerated in the
7th section of said act, which also provides
“ That such other ports situated on the fron
tiers of the United States, adj lining the Brit
ish North American Provinces as tnav here
after he found expedient, may hove extended
to them the like privileges on the recommnn*
dation of the Secretary of the Treasury, and
proctan ition duly made by the Pres dent of
the Uniti d S'ales, specia'ly designating the
ports to which the aforesaid privileges are to
be extended
And whereas the Secretory of the Treasury has
duly recommended to me tho extension of the
privileges of the law aforesaid to the port of
Lewiston, in the collection district of Niagara,
in the Slate of New York :
Now, therefore, I, ,1AM US K. POLK, Pre
sident of the United Stales of America, do
hereby declare and proclaim that the port of
Lewiston in the collection district ot Niagara,
m the State of New York, is and shall be enti
tled to all the privileges extended to tfie other
ports enumerated in the seventh section of the
net aforesaid, from and after tho date of this
proclamation.
In witness whereof, I hnve hereunto set rny
hand, and caused the seal of the United States
lobe affixed.
Done at the city of Washington this seven
teenth day of January, in t lie year of
[seal] our Isird one thousand eight hundred
and lorlv six, and of the Independence
. of the United States of America the
seventieth.
JAMES K. POLK.
By the President :
James Buchanan, Secretary of Stale.
By llie President of the United States of America :
A PROCLAMATION.
Whereas the Congress of the United States, by
virtue of the constitutional authority vnsied
in them, have declared by their act, bearing
dute Huh day, iliat, “by the act ot the Repub
lic of Mexico, a state of war exists between
that Government and the United S'ates
Now, therefore, I, JAMES K. POLK Pre
sident of the United States of America, do here
by proclaim the same to all whom it may con
cern ; and I do specially enjoin on all persons
'inkling i ffices, civil or military, under the au
thority of the United Slates, that they be vigi
lant and zealous in discharging the duties res
pectively incident thereto : nod I do moreover
exhort all the good prople of the United Stales,
as they love their country, as they feel the
wrongs which have (breed on them the last re.
sort ol injured nations, and as they consiih the
best means, under the blessing of Divine Provi
dence, of abridging its calamities, that tln-y ex
ert themselves in preserving order, in promoting
concord, in maintaining the authority and the
efficacy of the laws, and in supporting anil invi
gorating all the measures winch may be adop
ted by the constituted authorities lor obtaining
I a speedy, a just, and an honorable peace.
In testimony whereof, l have hereunto set
my hand, and caused the seal of the United
Slates to be affixed to these presents.
Done at the city of Washington, the thir
teenth day of May, in the year of our
,L. a.] Lord, one thousand eight hundred uml
forty-six, and of the independence of
the United Slates, the seventieth.
JAMES K. POLK.
Ily the President:
J a mi:s Huchanan, Secretary of Stair.
By the President of the United Slates of America.
A PROCLAMATION.
Whereas, by the act of Congress, approved
July 9, 1S46, entitled “An act to retrocede
the county of Alexandria, in the D.strict of
Columbia, to the State of Virginia,” it is en
acted, That, with the assent of the people of
the county and town of Alexa ulna, to n»*
nsceramed in the manner therein prescrib'd,
all that portion of the District of* Colombia
ceded to the United States by tin* State of i
Virginia, hie! all the rights and jurisdiction
therewith ceiled over the same, shall be c?d<d
and for* ver relinquished to the State of Vir
ginia in full and absolute n«rht and jurisdic
tion, ns well of soil as of persons residing or
to inside thereon : And whereas, it is further
provided, that the void act “shull not be in 1
force Until all. r the assent of the people of
the county uml town of Alexandria shall he
given to i», in the mode therein provided j
end if n majority of the votes should he in fa- !
vor or accepting the provisions ofthe said act,
it shall b<* thedjty of the President to make |
proclamation ol the fact :
And whereas, on the 17th day of August,
1840, a tier the close of the late session of tin*
Congress of the Uniicd S ates, I duly appointed
live c t zens of the county or town ol Alexan
dria, belfg' freeholders within the same, us com*
missioners, who, being duly sworn to perform
the duties mposed on them, as prescribed in the
snid net, <liri proceed within ten days after tin y
were notified,to fix upon the first and second
days of September, ls4(), as iho time ; the
Court-house ofthe county of Alexandria, as the
l»lacr-. and viva voce os the manner of voting;
and gnve due notice of the same ; and at the
time, and at the place, in conformity With the
said notice, the said Commissioners presiding,
and deciding all questions arising in relation to
the right of voting under the said act, the votes
of the citizens qualified to vote were taken viva
voce, and recorded in pol hooks, duly kept, and
on the third day or September install*, after the
said polls were closed, the said Commissioners
did moke out,nr d on the next day did transmit
to me, a statement of the polls so held, upon
oath, amt under their se als ; and of the votes so
cast and polled, there were, m favor of accept
ing the provisions of tne snid act,seven hundred
mid sixty-three votes, nod ogaust accepting
'he same two hundred and twenty two—show
ing a majority of five hundred and foriy one
votes for the acceptance ot the same.
N«>W, THEREFORE, BE IT KNOWN, that I,
J AMISS K POLK, President of the United
States of America, in fulfilment ofthe duty im
posed upon me by the said act of Congress do
her* by make P oclainnt on of the “ result” of
said “poll.” ns above stated, and do call upon all
and singular the persons whom it dotli or inny
concern, to take notice, 11,.t the act aforesaid,
“is in full force and effect.”
In witness whereof, I have hereunto set
my hand nnd caused the soul of the United
States to be affixed
Done a» the Ciiy of Washington, this srveiitli
day of September in the year of our
[&eal.] Lord, one thou.-aml eight hundred and
forty-six, and of the Independence of
the United Slates, the seventy-fit at.
JAM Ed K. POLL,
By the President ;
N. P. Tuist, deling Secretary of State.
Journal & JFlag.
TUSCALOOSA', l)KO. 2.ri. DMO.
We publish, below, n review of liie upin
iou of Judge Ckawford, in the case of King
& Ward, t?s. the Tuscumbia, Courllund,
1 and Decntur Rail Road Company, the
Branch Bank at Decatur, and others. We
regret that our columns are so much
1 crowded us to prevent us from, ulso, pub
lishing the opinion of Judge C. It has been
| uhlislicd, however, in the Huntsville Advo
cute, and Tuscaloosa Monitor, und those
who let l an interest in the matter will have
no difficulty in procuring it, in one or the
| other, ol these journals.
To the Editor of the Journal and Flag :
Snt—.Vs uniformity of decision is u mat
ter of the utmost moment to the people of
the Suite, I shall make no apology for
asking the attention of your renders, to
the following brief review of the recent
decision made by His Honor Judge Craw
lord, at the Inte session of the District
Court of the United States at Huntsville, in
tile cise of King and Ward vs. the Tiisenm
bin, C'Uirland, anti Decatur Kail Road Co-,
in which he calls in question a decision of
the Supreme Court ol this State. I may
remark, however, that I should n a trouble
\ on with this communication, if the opinion
of Judge Crawford, written hy himself, hud
not appeared in the Southern Adv cate of
the 3.1 last, the manifest purpose of which, is
to show that life decision of the Supreme
Court of this State, is not law, in which
opinion [ think it will appear on examina
tion, that His Honor the Dislticl Judge is
mistaken. The case called in question by
him is Williams and Battle vs, Jones, 3
Ala. Rep. 314. This cam, is professedly
founded on the case of M Gregor and Dar
ling vs. flail, 3.1 Stewart, page 397. My
acquaintance with the Judges who have
occupied mir Supremo Court bench since
1832. enables me to steak nnderslandingly
ot the question originally settled hy this
decision. To my knowledge the present
Chit f Justice has said, that lie tried liie case
of McGregor & Darling vs. H ill on the
Circuit, nml there held, that the interest of
the mortgagor could not be sold under an
execution hi law; and the report shows
that h - was overruled hy the unanimous
opinion ol Judges. Lipscombe, Si Hold, and
Ttylor. who llu-n composed the bench.
This decision did not meet tlie entire ap
probation of the liar, though it must he
admitted their Honors gave the case milch
consideration, and were perfectly aware
that they opposed the current of the earlier
deeissions.
i 'Mil j in i u iiiici nir
iip iin raised in Perkins a ml li holt r». May
field, 5 Porter ISJ, whether » mere eqnily
ol rudem|ilimi in personal properly un it
compand'd by possession in (lie mortgagor,
••inilil In: n ac' e I by c\'cutiun a law.
Tlie Court. coin|)nse(l of Hopkins, C. J. nntl
Judges Collier nml Goldihwaite. disavow
iog uny intention of overruling the derision
ol' their predecessors, determined. Hint ns
die inorg igor had purled with the possession
his merest wus but n nuked equity, mid
wns not subject to stile by execution. Wil
liams mid K ittle ps. Jones was decided lour
yours alter by the present bench of Judges,
and the court again express their disappro
bation of the case of McGregor and Dir
ling rn. Hall, mid llieir conviction that duty
required them to adhere to it. Judge
Crawford asserts, in the opinion written by
him, that the two cases arc not at ull similar
iii lln'ir f icts or the principles of law np
|>!icnlilu to them—tin; former being ihe case
ofii conveyance by n debtor to a third per.
son, in tm-t, lor the benefit of his creditor,
and the latter, that of a mnrgagor; that the
reversionary interest of a grantor in a deed
of trust, is wholly unlike the equity ot re
demption of a mortgagor. This asser.
lion the Judge does not prove by argument,
hut rests upon a paragraph which he co.
pies from the opin on of the late Chancellor
Ruckner of Misissippi, in the case uf Me.
Intyre vs. Agricultural Bank el al. which,
with go-at confidence, he pronounces un
answerable. ]i is as follows:
“ I’lie interest of a grantor in a deed of
trust, is not analogous to the interest of a
mortgagor and is nit the subject of lien
oil execution. Here wns an absolute con*
vevanee in trust for the payment of debts.
It bears no analogy to a mo’tgngp. Sec. 1,
l’ii»', on inort. p U) note- The grantor
l as hut a contingent reversionary interest,
The trustee holds the land in trust, first for
the payment of the specific debt, and se.
somlly lor the benefit of the grantor, if any
thing should he left after the payment of the
debt. See Dunn vs. Dodd, 1 John, cases
100. This is not such a trust interest in
the grantor as is the subject of lew and
sain at common law; a judgment at law
is not n //'rnlipon a mere equitable interest
in land. 1 John. C. Rep. 53—17 John.Rep,
.'150. The iritoresl of the ceslue jue trust
cannot lie sold on an execution at law, un.
less where the trustee holds the title ns a
nuked simple trust, and the whule beneficial
interest, is in the erstne que trust Ontario
Dank vs Riot, 3 I’age 478. Bngert vs.
I’errv, 1 John, Ch. 53 ; 17 John. Rep.
Mil. ”
1 have extracted the entire paragraph,
although it is only the first branch of it
which will lie considered, as the Supreme
Court of Alabama agree wiih C Buckner,
and with Judge Crawford, upon the impol
icy of exposing such editable interests to
sale by execution at law. The point of
difference, is whether ttiere is ary analogy
or resemblance between the interest of a
grantor of a deed ol trust in possession, and
the equity ol redemption of a mortgagor. I
huve staled (bill Judge Crawford asserts,
hut does not attempt to prove that there is
no analogy between litem. Chancellor B.
cites as authorities in support of this posi
tion. a note in Pow, on Mori, 10. and Dunn
ps. Uodtl, 1 John, cuses 160. 'I'lie note in
Pow, is entirely loo long lor insertion here,
but has not the remotest resemblance to
the principle it is cited to sustain. It mere
ly points out the advantages and disadvan
tages, o( u mortgage, with or without a
power of sale ; but does not contain a word,
•vhich directly or indirectly, indicates a dif
ference as it respects the rights of creditors,
between the interest of s grantor in a deed
of trust and that of u mortgagor. And in
deed it would have been passing strange, if
such a decision should have been found in
a note, the object of which was to illustrate
the text, treating of the best means of avoi*
ding the expense and delay of a foreclosure
in Equity. In the other case the only
principle decided by the court, was, that an
absolute deed of conveyance, of real estate
upon trust, could not be net aside on (lie
ground of usury. The principle it was ci
ted to support did not, and could not have
arisen in the case. The other authorities
cited bytiie Chancellor, are to establish, that
tin equitable interest, is not the subject of
levy tuiil sale at common law, a proposition
I do not controvert. Nor was the decision
ol C. Buckner referred to by the District
I Judge for that purpose, but to show that
the Supreme Court ot Alabama in Williams
and Butler rs. Jones erred, in supposing
the decision in McGregor *&r Darling vt.
Hall, authorized, or ruther constrained them
to decide, that the interest of a grantor of
a deed of trust in possession, could be sold
by execution.
Iii the eye ol rensnn find common sense,
their can lie no distinction between equity
ol leriemption, and the interest of a grantor
in n deed ol trust. Beth instruments are
securities made by the debtor to secure the
payment of n debt; and in both, the debtor
is entitled to that which remains of the prop,
erty conveyed whan the debt is paid, and
when the difficulty is surmounted, as it was
hi McGregor and Darling vj. Hull, that it
is tlu; sale of an equity. 1 can see no reason
why both should not have been put upon
the same footing. It was so considered
hv a court of high authority, the Supreme
Court in North Carolina in Harrison vs.
Battle, 1 D. Eq. R. 537. in that case, one
Hunt hud convi yed all his property which
could ha seized under execution, to a third
person in trust to pay debts, and one of the
questions was whether the interest of the
grantor could be sold under execution, in
virtue of a statute of North Carolina, which
authorized the sales of trust es'atates.
Chief Justice Henderson said “ So far as
regards the land, ilm.l’s interest may be
s Id under the second section of the act;
for we cannot distinguish ids right to have
the land again, after the payment of the
debt for which this stood as security, from
an equity of redemption. It has all the
essentials of that right, although it wants
some of its formal parts ; it is conveyed to
secure the payment of a debt: upon the
payment of the debt, Hunt has a right to
call tor the reconveyance. Whilst in his
possession by the consent of the creditor he
is not uccoumuhle for the profit*.
This trust to be sure can be closed by a
sale, without the intervention of a Court of
Equity. Tile aid of the Court to foreclose
the Equity of redemption, is required only
because the law will not trust the creditor
to be both his ngent and that of Ihe debtor,
whose rialus it may he his interest to sac
rifice. This trust is free from that obliga*
tion, because the parties have agreed on
their trustee. HV cannot therefore il’stin
fjuish this interest from an equity of redetnp.
lion. The mischief is precisely Ihe same,
ami we therefore think it within the spirit of
the act of 1813.*' This decision was con
curred in hy Judges Ruffin and Hall, and
is in point to (lie very letter, that th <re U
no sensible or rational disiinction between
the possessory interest of the grantor of a
deed of trust,'and the equity of redemption