Green-Mountain freeman. [volume], December 11, 1845, Image 1

About Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884

Image provided by: University of Vermont

                
-"-2 v." I--'
Liberty and Equality, .llan'n common birthright. Cod's richest giftReligion and Law their defence.
.v-ioJn :,'
-B3OLAND & BRIGGS.
MONTPELIER, VT., THURSDAY, DECEMBER 11, 1845.
VOL II, NO. 50.
PRESIDENT'S MESSAGE.
jro " y-tt Senate
' ,';k.;..- .'" Hus' of Reprtientatives ;
It i to me a source of unaffected satisfaction to
hieet the Representatives of the Slates and the peo-
f le inCongress assembled, ns it will be to receive
l aid of their combined w isdom in the odminis
rtrtuiqnj of public affairs. In performing, for the
first time, iln duty imposed on inu by tho const it u
tjrjn,"6.f; giving to you. information of the stale of
the Unions iind: recommending to your coinsidera
tion such measures as in my judgment are necessa
ry and expedient, I nm hippy tint I cun congratu
late you on the continued prosperity of our coun
try. Under the blessings of Divine Providence and
-the; benign influence of our free institution-", it
stands before the world a spectacle of national hap
piness. , With our unexampled advancement in all iho el
ement of national greatness, the affection of the
'people is confirmed for tho union of the States, and
for the doctrines of popular liberty, whicb lie at
Iho foundation of our government.
It becomes us, in humility, to mike our devout
acknowledgments to the Supreme Ruler of the U
y'riiverse, for the inestim ible civil and religious bles
sings with which we ore favored.
: In calling the attention of Congress to our rela
tions With foreign Powers, I am gratified to be a
ble to state, that, though with some of them there
have existed since your last session serious causes
of irritation and misunderstanding, yet no actual
hostilities have taken place. Adopting the maxim
in the conduct of our foreign affairs to " ask no
thing that is not right, and submit to nothing that
ts-wrong," it has been my anxious desire to pre
serve peace with all nations ; but, at tlio same
time, to be prepared to resist aggression, and to
maintain all our just rights.
In pursuance of the joint resolution of Congress,
" for annexing Texas to the United States," my
predecessor, on the third day of March, 1845, e
lected to submit the first and second sections of
that resolution to the republic of Texas, as an o
verturo, on the part of the United States, for her
admission as a State into our Union. This elec
tion I approved, anJ accordingly the charge d'af
f.irs of the United States in Texas, under instruc
tions of the tenth of March, 1815, pres ntod these
sections of the resolution for the accep' mce of that
republic. Tlio executive government the Con
gress, and the people of Texas in convention, liavo
successively complied with all the tonus and con
ditions of the joint resolution. A constitution for
the government of the Slate of Tex is, formed by a
convention of deputies, is herewith laid before Con
gress. It is well known, also, that the people of
Texas at the polls have accepted the terms of an
nexation, and ratified the constitution.
I communicate to Congress the correspondence
between the Secrjtary of State and our cuargc d'
sfTiir in Texas ; and also the correspondence of
the latter with the authorities of Texas ; together
wiih tlio official documents transmitted by him to
his own government.
The terms of annexation which were offered by
the Unite States, having been accepted by Texas,
the public faith of both parties is solemnly pledged
to the compact of tlieir union. Nothing remains to
consummate the event, but the passage of an act
by Congress to admit the State of Texas into the
Union upon an equal footing with tlio original
States. Slrung reasons exist why this should lie
done at an early period of the session. It will be
observed that, by the constitution of Texas, the
existing government is onl continued temporarily
till Congress can net ; and that the third Monday
of the present month is the day appointed lor hold
ing the first general election. On i h it diy, a gov
ernor, a lieutenant governor, and both branches of
the Iegisrrt"urb7 will bu chos-.m by the peoplo. The
President of Texas is required, immediately aflor
the receipt of. olfii il infor.m i u tint the new
State has been admitted into our Union by Con
gress, to convene the legislature; ami, upon its
meeting, the existing government will be suspend
ed, and the State government nrginiznd. Ques
tions deeply interesting to Texas, in common with
the other Stiles j tho e ,t Mision of our revenue laws
and judicial system over her people and territory,
as well as moasures of a locil chancier, will claim
the early .attention of Congress ; and, therefore,
upon every principle of republican government, she
ought to bo represented in that bajy without tin
neoussiry del i.v. I cannot too earnestly recotn- I
mono prompt iieuoi 0:1 tins important snhject.
As soon as too net to admit Taxis as a State
shall be passed, the union of the two republics will
be coimunin ited by their own voluntary consent.
This accession to our territory his boon a blood
less achievement. No arm of force has been rais
ed to produco the result. Tho sword has had no
part in the victory. We have not sought to extend
our territorial p sessions by co i imt,nr our re
publican institutions over a reluctant people. It
wis the deliberate honii'jaof ei'li people to tho
great principle of out federative union.
If wo consider tho otto it of territory involvod in
the annexation ; its p .ospjotivo inil auaca on Amer
ica the moms hy which it his boon accomplished,
springing puruly from the choice of the peoplo
themielves to sh ire I ho blessing of our union,
the history of the world may be ehillonged to fur
nish a pirallel.
Tho jurisdiction of tho United Stales, which al
the formation of the fador.il constitution wis boun
ded hy the St. M iry's, on the Atlantic, has passed
the Capes of Florid i, and been peacefully extendod
to the Del Norte. Ii contomol itinj the grandour
of this ovent, it is noi to be forgnttoi that the ro
alt w.is achieved in dospite of the diplomatic in
terference of drops in m.vi nellies. Even Fringe
thocou itry which h il hoe i our ancient ally
tho country whioh his a c n 1101 hteroV. with uj
in miinuining the free 1 in. of iho son 'ha co m
- try which, by the cession of Lo lisi in i, first op.mad
to us access to the G ill" of Mixio tho c iun'ry
with which we hive bjen e'ery year dn viug mire
and more closely the bon is of s icamsf il co n nsreo
most unexpecte Hy, and to our uafeijjuoi rujrot,
took pin ill an afsrt to preant annix ili :i, and
to imp oitt'on Tex is, u i co i liiioi of tho rouo; oi
tibo. of her in lapon Unci bir Mitiei, tint sho
wosild never join hars.ilf to the U nte I St itos. Wo
m ly rejoico tint th3 tr inquil a iJ porviling inSi
ence of the A n irio i:i pnn :iple of s olf-g lvonun ! it
wis sufficient to dofe it thu p irposos of Bitish and
French interference, and th it the almost nil mini
ons voice of tho poop'o of Tax is his giventotli.it
interference a peiceful and ulfeclive rebuke. From
this ex iinrtlii, E jropain govarnmints m ly loirn
how vain diplomitic arts and intrigues m ist ever
prove upon this continent, agiinst thu system of
elf-oovernm nit which s oe in nituril to o.ir soil,
and which will ever resist foroirro iiilurforen :o.
To.virds Tiitas, I do not d o ibt th it a liboral and
generous spirit will actuite Coigrc3 in nil that
concerns her interests and prosperity, and that she
will never have cause to regret that she has united
her " lone star" to our glorious constellation.
- I regrot to inform you that our relations with
Mexico, since your last session, h ive not been of
the amicable character which it is our desire to
cultivate with all foreign nations. On the sixth
dijff March last, the Mexican envoy extraordin
ary and minister plenipotentiary to the U. States
undo a formal protest, in the name of the govern
ment, against the joint resolution passed by Con
gress, " for the annexation of Texas to the Unit
ed States," which he chose to regard ns a violation
of the rights of Mexico, and, in consoquonce of it,
he demandod his passports. .Ho was informed that
the government of thu United Stales did not con
sider this joint resolution as a ' violation of any of
the rights of Mexico, or that it afforded any just
cause of offence to his government ; that the Re
public of Texas was an independent Power, oing
do allegiance to Mexico, and constituting no part
of her territory or rightful sovereignty and jurisdic
tion.. He was'also assured that it was the Bincere
desire of this government lo maintain with that of
Meiico relations of peaeo and good understanding.
The funqtionnry, however, notwithstanding theso
'representations and assurances,' abruptly terminat
asdihie raiqvpruand shortly afterwards left the coun
try. Our Envoy Extraordinary and Minister Pleni
potentiary fb Mexico was refused al official inter
ceurse with'fh-gviArrt, and, after remsihing
several m.ontlis,.by the permission ef his own gov
ernment bs returned to the ,Uiitod States. T.i is,
by the acts of Mexico, all diplomatic intercourse
between the two countries was suspended.
Since that It'mo Mexico tins, until recently, occu
pied an attitude of hostility towards the United
States has been marshalling and organizing ar
mies, issuing proclamations, and avowing the in
tention to make war on the United States, either
by an open declaration, or by invading Texas.
Both the Congress and Convention of iho peoplo
nf Texas invited the Government to send an army
into that territory, to protect and defend them a
gninst the menaced attack. The moment the
terms of annex ition, offered by tho United Statos,
were occepicd by Texas, the latlor became so far
a part of our own country, as to make it our duty
to afford such protection and defence. I therefore
deemed it proper, as a precautionary moasure, to
order a strong squadron to the coast of Mexico,
and to concentrate an efficient military force on ths
western frontier of Texas. Our army was ordered
lo take position in the country between the Nueces
and the Del Norte, and to repel any invasion of
the Texan territory which might be attempted by
the Mexican forces. Our squadron in the gulf was
ordered to co-operate with the army. But though
our army and navy were placed in a position to de
fend our own, and tho rights of Toxas, they were
ordered to commit no act of hostility agiinst Mex
ico, unless she declared war, or was herself the
oggressor by striking the first blow. The result
has been, that Mexico has made no aggressive
movement, and our military and navol command
ers have executed their orders with such discre
tion, that the peace of the two republics has not
been disturbed.
Texas hud declared her independence, and main
tained it by her arms for more than nine years.
She has had an organised government in successful
operation during that period. Her separate exist
fence, as an independent State, had been recogn
ised by the United States and the principal Powers
of Europe. Treaties of commerce and navigation
had been concluded with her by different nations,
and it had become manifest to the wholo world
that any further attempt on the part of Mexico to
conquer her, or overthrow her government, would
bo vain. Even Mexico herself had become satisfi
ed of this fact ; and whilst the question of annexa
tion was pending before the people of Texas, du
ring the past surnmor, the government of Mexico
by a formal act, agreed lo recognise the independ
ence of Texas on condition that she would not an
nex herself to any other Power. The agreement to
acknowledge thelndependcnce nf Texas, whether
with or without this condition, is conclusive against
Mexico. Tho independence of Texas is a fact con
ceded by Mexico liorself, and she had no right or
authority to .prescribe restrictions as to the form of
government which Texas might afterwards choose
to assume.
But though Mexico cannot complain of the U
niled States on account of the annexation of Tex
as, it is to be regretted that serious causes of mis
understanding between the two countries continue
to exist, growing out of unredressed injuries inflict
ed by the Mexican authorities and people on the
persons and properly of citizens of the United
States, through a long sarir nf years, Mexico
has admitted theso injuries, butahas neglected and
refused to repair them. Such was the character of
the wrongs, and such the insults repeatedly offered
to American citizens and the American flag by Mex
ico, in palpable violation- of the laws of nations
and the treaty between the two countries of the
fifth of April, 1831, that they have been repeated
ly brought to the notice of Congress by my prede
cessors. As early as the eighth of Fobruary, 1837,
the President of the United States declared, in a
inessago to Congress, that " the length of time
since some of tho injuries have been committed,
the repeated and unavailing applications for re
dress, the wanton character of sorno of the outra
ges upon the persons and property of our citizens,
upon the officers and flag of the United States, in
dependent of recent insults to this government and
people by the late Extraordinary Mexican minis
ter, would justify in the eyes of all nations immedi
ate war." He did not, however, recommend an
immediate resort to this extreme measure, which,
he doclared, ' should not bo used by just and gen
erous nations, confiding in their strength for inju
ries committed, if it can be honorably avoided ;"
but in a spirit of forbearance, proposed thnt that
another demand be made on Mexico for that re
dress which had been so long and unjustly with
held. In these views committees of the two
Houses of Congress, in reports made to their re
spective bodies, concurred. Since these proceed
ings more than eight years have elapsed, during
which in addition to the wrongs then complained
of, othors of on aggravated character havo been
commitleed on the persons and property of our cit
izens. A special agent was sent to Mexico in tho
summer of 1838, with full authority to make anoth
er and final demand for redress. The demand was
made ; the Mexican government promised to repair
the wrongs of which wo complained ; and after
much delay, a treaty of indemnity with that viow
was concluded between the two Powers on the
eleventh of April, 1839, and was duly ratified by
both governments. By this treaty a joint commis
sion was created to adjudicate and decide on the
claims of American citizens on the government of
Mexico. The commission was organized at Wash
ington, on the twenty-fifth day of August, 1840.
Their lime was limited lo eighteen months j at the
expiration of which, they had adjudicated and de
cided claims amounting to two millions twenty-six
thousand one hundred and thirty nine dollars and
sixty-eight cents in favor of citizuns of, the United
States against tho Mexican government, leaving a
large amount of claims undecided. Of iho latter,
the American commissioners had decided in favor
of our citizens, claims amounting to nine hundred
and twenty oight thousand six hundred and twenty
seven dollars and eighty-eight cents, which wore
loft unacted on by the umpire authorised hy the
treaty. Still further clums, amounting to be
tween three and four millions of dollars, were sub
miited to the boird loo lite to be considered, and
were left undisposed of. The sum of two millions
twenty-S'X thousand one hundred and thrity-nine
dollars and sixty-eight cents, decided by tho board,
was a liquid iluil and ascertained debt due by Mex
ico to the claim mis, and tiiere was no justifiable
re ison for delaying its payment according to the
t"rms of the tre iiy. It was not, howover, paid.
Mexico applied for further indulgence ; and, in
that spirit of liberality and forbearance w hich has
ever marked the policy of the United States to
. wards that Republic, the request was granted ;
and on the thirtieth of January, 1843, a new troaty
was concluded. By this treaty it was provider,
that the interest due on the awards in favor of
claimants under the convention of the eleventh of
April, 1839, should be paid on the thirtieth of
April, 1843 ; and that " the principal of the said
awards, and the interest arising thereon, shall be
paid in five years, in equal instalments every three
months ; the said term of five years to commence
on tho thirtieth day of April, 1S43, as aforesaid."
The interest due on the thirtieth day of April, 1843,
and the three first of the twenty instalments, have
been paid. Seventeen of these instalments remain
unpaid, seven of which are now due.
The claims which were left undecided by the
joint commission, amounting to more than three
millions of dollars, together with other claims for
spoliations on the property of our citizens, were
subsequently presented lo tho Mexican government
for payment, and were so far recognised, that a
treaty, providing for their examination and settle
ment by a joint commission, was concluded and
signed at Mexico on the twentieth day of Novem
ber, 1813. This treaty was ratified by the United
States, with certain amendments, to which no just
exception could have beon taken ; but it has not
yet received the ratification of the Mexican govern
ment. In tho meantime, our citizens who suffered
"great losses, and some of whom have been reduced
from affluence to bankruptcy, are without remedy,
unless their rights bo enforced 'by their govern
ment. Such a continual and unprovoked series of
wrongs could never have beon tolerated by the U
. nited Slates, had they been committed by one of
tho principal nations' of Europe. Mexico was,
however, a neighboring sister republic, which, fol
lowing our example, had achieved her independ
ence, and for whose suCcos and prosperity all our
sympathies were early enlisted,. The United States
were the first to recognise her independence,' and
to receive her into tbt family of nations, and hire
ever been desirous of cultivating with her a good
understanding. We have, therefore, borno I lie re
peated wrongs she - has committed, with great pa
tienre, in the hope that a returning sense of justice
would ultimately guide her councils, and that we
might, if possible, honoiably avoid any hostile col
lision with her.
Without ihe previous authority of Congress, (lie
Executive possessed no power 10 adopt or enforco
adequate remedies for thu injuries we had suffered,
or to do more than be prepared lo repel the threat
en :d aggression on the part of Mexico. After our
army and navy had remained on tho frontier and
coasts of Mexico for many weeks, without any hos
tile movement on her pari, though her menace!
were continued, I deemed it important to put an
end, if possible to this state of things. With this
view, 1 caused steps to be taken, in the month of
September last, to ascertain distinctly, and in an
authentic form, what the designs of the Mexican
government were ; whether it was their intention
to declare war, or invade Texas, or whether they
were disposed to adjust and settlo in an amicablt
manner, tho pending differences between the twe
countries. On the ninth of November an official
answer was leceivcd, that Ihe Mexican government
consented to renew the diplomatic relations which
had been suspended in March last, and for that
purpose were willing to accredit a minister from the
United States. With a sincere desire to preserve
peace, and restore relations of good understanding
between the two republics, I waived all ceremony
as to the manner of renewing diplomatic inter
course between them; and, assuming the initiative,
on the tenth of November n distinguished citizen of
Louisiana was appointed Envoy Extraordinary and
Minister Plenipotentiary lo Mexico, clothed with
full powers to adjust, and definitively settle, all
pending differences between the two countries, in
cluding those of boundary between Mexico and the
State of Texas. The minister appointed has sot
out on his mission, and is probably by this time
near the Mexican capital. He has been instructed
to bring fhe negociation with which be is charged
to a conclusion at the earliest practicable period;
which, it is expected, will be in time to enoble me
to communicate the result to Congress during the
present session. Until that result is known, I for
bear to recommend to Congress such ulterior mea
sures of redress for the wrongs and injuries we have
so long borne, as it would have been proper to
make had no such negociation been instituted.
Congress appointed, at the last session, the sum
of two hundred and seventy-five thousand dollars
fur the payment of the April and July initalments
of tho Mexican indemnities for the year 1844:
"Provided it shall be ascertained to the satisfaction
of the American government that said instalments
have been paid by the Mexican government to the
agent appointed by the United States to receivo
the same, in such manner as to discharge all claim
on the Mexican government, and said agent to be
delinquent in remit ling the money to the United
States."
The unsettled state of our relations with Mexico
has involved this subject in much mystery. The
first information, in an authectic form, from the
agent of Ihe United States, appointed under the
dn.miatrntion of mv predecessor, was received at
the Stato Department on the nluili or Mnvnnher
last. This is contained in a letter, dated tho sev
enteenth of October, addressed by him to one of
our citizens then in Mexico, with the view of hav
ing it communicated to that department. From
this it appears that the agent, on the twentieth of
September, 1844, gave a receipt to the treasury of
Mexico for the amount of the April and July instal
ments of the indemnity. In the same communica
tion, however, he assorts that ho had not received
a single duil.ii iu cash; but thai ho holds tucii se
curities as warranted him at the time in giving the
receipt, and entertains no doubt but that he will
eventually obtain the money. As these instalmants
appear never to have been actually paid by the go
vernment of Mexico to the agent, and as that gov
ernment has not therefore been released so as to
discharge the claim, I do not feci myself warranted
in directing payment to be made lo tho claimants
out of the treasury, without further legislation.
Their case is, undoubtedly, one of much hardship,
and it remains for Congress to decide whether any,
and what relief ought to be granted to them. Our
minister to Mexico has been instructed to ascertain
the facts of the case from the Mexican government
in an authentic and oflicial form, and report the re
sult with as little delay as possible.
My attention was early directed to the negotia
tion, which, on the fourth of March last, I found
pending at Washington between the United States
and Great Britain, on tho subject of the Oregon
territory. Three several attempts had been pre
viously made to settle the question between the
two countries, by negotiation, upon tho principle
of compromise ; but each had proved unsuccessful.
These negotiations look place at London, in the
years 1818, 1824, and 1826 ; the two first under the
administration of Mr. Monroe, and the last under
that of Mr. Adams. The negotiation of 1818 hav
ing failed to accomplish its object, resulted in the
convention of tho twentieth of October of that
year. By Ihe third article of that convention, it
was "agreed, that any country that maybe claim
ed by either party on the northwest coast of A
merica, westward of the Stony mountains, shall,
together with its harbors, bays, and creeks, and
the navigation of all rivers within the same, be
free and open for tho term of ten years from the
date of the signature of the present convention, to
the vessels, citizens, and subjects of the two Pow
ers ; it being well understood that this agreement
is not to be construed to Iho prejudice of any claim
which either nf the two high contracting parties
may have to any pari of thu said country, nor shall
it be taken to affect the claims of any other Power
or State lo nny part of (he said country ; tho only
object of the high contracting parlies in that re
spect beinrr, to prevent disputes and differences a
mong themselves."
The negotiation of 1824 was productive of no
result, and the convention of 1818 was left un
changed. The negotiation of 182C, having also failed to
affect an adjustment by compromise, resulted in
the convention" of Aug. the sixth, 1827, by which
it was agreed to continue in force, for an indefin
ite period, the provisions nf the third article of the
twentieth of October, 1818; and it was further
provided, that " it shall bo competent, however, lo
cither of Ihe contracting parties, in case either
should think fit, at any timo after the twentieth of
October, 1818, on giving due notice of twelve
months to Ihe other contracting party, to annul
and abrogalo this convention ; and it shall, in such
case, be accordingly entirely annulled and abro
gated afier tho expiration of the said term of no
tice." In those attempts to adjust the controver
say, the parallel of the forty-ninth degree of north
latitude had been offered by ihe United States to
Great Britain, and in those of 1818 and 1826, with
a further concession of the free navigation of the
Columbia river south of that latitude. The paral
lel of the forty-ninth degree, from the Rocky
mountains to its interesection with the northeaat
ernmost branch of the Columbia, and thence down
Ihe channel of that river to the sea, had been of
fered by Greet Britain, with an addition of a small
detached territory north of the Columbia, Each
of these propositions had been rejected by the par
ties respectively.
In October, 1843, the Envoy Extraordinary and
Minister Plenipotentiary of the United States in
London was authorised to mako a similar offer to
those mado in 1818 and 1826. Thus stood tho
question, when the negotiation was shortly after
wards 'transferred to Washington ; and, on the
twenty-third of August, 1844, was formally opon
ed, under the direction of my immodiato predeces
sor. Like all the previous negotiations, it was
based upon principles of " compromise ;" and the
avowed purpose of the parties was, "to treat of
the respective claims of tho two countries to the
Oregon territory, with the view to establish a per
manent boundary between them westward of the
Rocky mountains to the Pacific Ocean." Accor
dingly, on tho twenty-sixth of AilguM, 1844, tho
British plenipotentiary offered to'divide the Oregon
territory by the forty-ninth parrallel of north lati
tude, from the Rocky mountains tb the point of its
intersection with the norlheasiernraosl branch of
the Columbia river,' and thence dowa that river to
the sea ; leaving the free navigation of tho river
to be enjoyed in common by both parties ins
country south of this line to belong to the United
States, and that north of it to Great Britain. At
the same lime, he proposed, in addition, to yield lo
the United Stutes a' detached territory, north of
the Columbia, extending along the Pacific and tho
Straits of Fucs, from Bulfincli's horbor inclusive,
to Hood's canal, and to make free to the United
States any port or ports south of latitude forty
nine decrees, which they might desire, either on
iho main land, or on Quadra and Vancouver's
island. With tho exception of the free ports, this
was the same ofler which had been made by the
British, and rejected by tho American government
int'i negotiation of 1826. This proposition was
prr jiy rejected by the American plenipotentiary
on i!t4 day it was soibir.itted. This was the only
proposition of compromise offered by the British
plenipoicntiory. The proposition on the part of
Great Britain having been rejected, the British
plenipotentiary requested that a proposal should
be made by the United States for " an equitable
adjustment of the question."
'ven I came into office, I found Ibis to be the
stale of tho negotiaiion. fhough entertaining
the settled conviction, that the British pretensions
of title could not bo maintained to any portion of
the Oregon territory upon any principlo of public
law recognised by nations, jot, in deference to
what had been done by my predecessors, and es
pecially in consideration that propositions of com
prormso hud been llnice made by Iwo preceding
administrations, lo adjust the question on the par
allel of forty-nine degrees, and in two of them
yielding to Great Britain the fioe navigation of the
Columbia, and Ihut the pending negotiation had
been commenced on the basis of compromise, I
deemed it to be iny duty not abruptly to break it
off. In consideration, too, that under the conven
tions of 1818 and 1827 tho citizens and subjects of
the two Powers held a joint occupancy of the
country, I was induced to make nnother effort to
settle this long-pending controversy in the spirit
of moderation w hich had given birlh lo the re
newed discussion. A proposition was accordingly
made, w hich was rejected by tho British plenipo
tentiary, who, without submitting any other prop,
osilion, suffered tho negotiation on his part lo
drop, expressing his trust that the United States
would offer what he saw fit to call some further
proposal for the settlement of the Oregon ques
tion, more consistent with fairness and with the rea
sonable expectations of the British government."
The proposition thus offered and rejected repea
ted the offer of Ihe parallel of forty-nine dcgiess
of north latitude, which had been mado by Iwo
preceding administrations, but without proposing
to surrender to Great Britain, os they had done,
the free navigation, of the Columbia river. The
right of any foreign Power to tho free navigation
of any of our rivers, through the heart ofour coun
try, was one which I was unwilling to concede.
It nlso embraced a provision to make free lo
Groat Britain any port or ports on the can nf
Quadra and Vancouver's islands, soulh of this
parallel. Had this been a new question, coming
under discusssion for the first time, this proposition
would not have been made. The extraordinary
and wholly inadmissible demands of the British
government, and the rejection of the proposition
made in deference alone to what had been done
by my predecessors, snd Iho implied obligation
which their acts seemed to impose, afford satis
factory evidence that no compromise which the
United States ought to accept, can be effected.
With this conviction, the proposition of comprom
ise which had been made and rejected, was, by
my direction, subsequently withdrawn, and our
tille to the whole of Oregon territory asserted, and,
-is is believed,maintaincd by irrefragable facts and
i junjcms.
The civilized world will Bee in these proceedings
a spirit of liberal concession on the part of Iho
United Slates ; and this government will be reliev
ed from all responsibility which may follow tho
failure to settle the controversy.
All attempts at compromise having failed, it be
comes the duty of Congress to consider what mess
eures it may be proper to adopt for the security
and protection of our citizens now inhabiting, or
who may hereafter inhabit Oregon, ond for the
maintenance of our just title to that territory. In
adopting measures for this purpose, care should be
taken that nothing be done to violate tlio stipula
tions of the convention of 1827, which is still in
force. The faith of treaties, in their letter and
spirit, has ever been, and, I trust, w ill over be,
scrupuously observed by the United Statos. Un
der that convention, a year's notice is required to
be given by either party to the other, before Ihe
joint occupancy shall terminate, nnd before cilher
can rightfully assert or exercise exclusive jurisdic
tion over any portion of Ihe territory. This notice
it would, in my judgment, be proper to give ; and
I recommend thul provision be made by law for
giving it accordingly, and lenninating, in this man
ner, iho convention of the sixth of August, 1827.
It will become proper fur Congress to determine
what legislation ihoy can, in the mean time, adopt
without violating this convention. Beyond all
question, the protection of our laws and our juris
diction, civil and criminal, ought to he immediately
extended over our citizens in Oregon. They have
had just cause to complain of our neglect in this
particular, and have, in consequence, been com
pelled, for their own security nnd protection, to
establish a provisional government for themselves.
Strong in their allegiance und ardent in their at
tachment tn the United States, they have been
thus cast upon their own resources. They are
anxious that our laws should be extended over
them, and I recommend that this be done by Con
gress with as little delay as possible, in the full ex
lent to which tho British Parliament have proceed
ed in regard to British subjects in thul territory, by
theiract of July the second, 1821, " for regulating
the fur trade, nnd establishing a criminal and civil
jurisdiction within certain ports of North America."
By this act Great Britain extended her laws and
jurisdiction, civil and criminal, over her subjects,
engaged in the fur trade in that terrilory. By it,
the courts of the provinco of Upper Canada were
empowered to take cognizance of causes civil and
criminal. Justices of the peace and oilier judicial
officers were authorised to be appointed to Ore
gon, with power to execute all process issuing from
the courts of that province, and to " sit and hold
courts of record for the trial of criminal offences
nnd misdemeanors," not mnde the subject of cap
ital piinmhment, and also of civil cases, where the
cause of action shall not " exceed in value Ihe a
mount or sum of two hundred pounds."
Subsequent to the dato of this act of Parliament ,
a grant was made from the " British crown" lo the
Hudson Bay Company, of the exclusive trade with
the Indian tribe in tho Oregon territory, subject to
a reservation that it shall not operate lo the exclu
sion " of the subjects of any foreign Stares who,
under or by force of any convention for tho timo
being, between us and such foreign States respec
tively, may be entitled lo, and shall be engaged in,
the said trade."
It is much to be regtetted, that, while under this
act. British subjects have enjoyed the protection of
British laws and British judicial tribunals through
out the wholo of Oregon, American citizens, in the
same territory, have enjoyed no such protection
from their government. At the same lime, the re
sult illustrates Iho character of our people and their
institutions. In spite of this neglect, they have
multiplied, and their number is rapidly increasing
in that territory. They have mado no appeal lo
arms, but have peacefully fortified themselves in
(heir new homes, by the adoption of republican
institutions for themselves ; furnishing another ex
ample of the truth that self government is inherent
in the Amcricnn breast, and must prevail. It is duo
lo them that they should be embraced and protect
ed by our laws.
It is deemed important that our laws regulating
trade and intercourse with the Indian tribes east of
the Rocky mountains, should bo extended to such
tribes as dwell beyond them.
The inoieasing emigration lo Oregon, and ihe
care and protection which is due fiom the govern
ment lo its citizens in thai distant region, make it
out duty, as it is our interest, to cultivate amicable
relations with the Indian tribes of that territory.
For this purpose, I recommend that provision be
made fur establishing an Indian agency, and such
cub-agencies as may be deemed necessary, beyond
the Rocky mountains.
For tha protection of'emigrsnts whilst on their
w ay to Oregon, ogoinst the attacks of tho India"
tribes occupying the country through w hich Ihey
pass, I recommend that a suitable number of stock
ades nnd block-house forls be erected along the
usuol route between our frontier settlements on the
Missouri and the Rocky mountains ; and that an
adequate force of mounted riflemen be raised lo
guard and protect them on their journey. The im
mediate adoption of these recommendations by
Congress will nut violate ihe provisions of tho ex
isting treaty. It will be doing nothing more for
American cilizons than British laws have long since
dona for British subjects in tho same territory.
Il requires several months to perforin the voyage
by sea from the Atlantic States to Oregon, and al
though wo havo a large number of whale ships in
the Pacific, but few of them afford an . opportunity
of interchanging intelligence, w ithout great delay,
between our settlements in that distant region and
the United Stales. An overland mail is believed
to be entirely practicable ; and the importance of
establishing such a mail, at least once a month, is
submitted to the favorable consideration of Con
gross. It is submitted to the w isdom of Congress to de
termine whether, at their present session, ond until
after the expiration of the year's notice, any other
measures may be adopted, consistently with (he
convention of 1827, for the security of our rigli!,
and the government and protection ofour citizens in
Oregon. That it will ultimately be wise and prop
er lo make liberal grants of land lo the patriotic
pioneers, who, amidst pri vu 1 10113 and dangers, lend
tho way through savage tribes inhabiting the vast
wilderness intervening between our frontier settle
ments and Oregon, und who cullivale, and aro ev
er ready to defend the soil, I am fully satisfied. To
doubt whether they w ill obtain such grants as soon
as the convention between the United States and
Great Britain shall have ceased to exist, would be
lo doubt the justice of Congress ; but, pending the
year's notice, il is worthy of consideration whether
a stipulation lo this effect may bo made, consistently
with the spirit of that convention.
The recommendations which I have made, as to
the best manner of securing our rights in Oregon,
are submitted to Congress with great deference.
Should they, in their wisdom, devise any oilier
mode heller calculated to accomplish the same ob
ject, it shall meet with my hearty concurrence.
At the end of the year's notice, should Congress
think proper to moke the provision for giving lliut
notice, no shall have reached a period when the
national rights of Oiegon must cither be abandoned
or firmly maintained. " That they cannot he aban
doned without a sacrifice of both national lienor
ond interest, is too Hear to admit of doubt.
Oregon is a part of the North American continent
to which it is confidently afiirmed, the title of the
United States is tho best now in existence. For
tho grounds on which that title rests, I refer you to
the correspondence of tho late and present Secre
tary of State will. fh D-:.:-i. ,.i.iii(joiemiiiry uuring
the negotiaiion. The British proposition of com
promise, which would make Ihe Columbia the line
south of forty-nine degrees, with a trifling addition
of detached territory to thu United States, north of
that river, and would leave on the British side two
thirds of tho whole Oregon territory, including the
free navigatoin of the Columbia and all the valua
ble harbors on Ihe Pacific, can never, for a mo
ment, be entertained by tho United Stales, without
an abandonment of their jusl and clear territorial
rights, their own self-respect, and the national hon
or. For tho information of Congress, I communi
cate herewith the correspondence w hich took place
between the two governments during the late ne
gotiation. The rapid extension of our settlements over our
lerrilo-ies heretofore unoccupied the addition of
new Slates lo our confederacy; Ihe expansion of
free principles, nnd our rising greatness asanationg
are attracting the attention of the Powers of'Eu,
rope ; and lately the doctrine has been broached
in some of them, of a " balance of power" on this
continent, to check our advancement. The United
Slates, sincerely dcsiious of preserving relations of
good undrstunding w ith all nations, cannot in si
lence permit any European interference on the
North American continent ; ond should any Buch
interference be attempted, will be ready to resist
it nt any and all hazards.
It is well known lo the American peoplo nnd to
all nations, that this government hns never inter
fered with the relations subsisting between other
governments. We have never made ourselves par
ties lo their wars or tlieir alliances ; wc have not
sought their territories by conquest ; we have not
mingled with parties iu their domestic struggles ;
and believing our own form of guvernmeni lo bo
the best, we havo never attempted to propagate it
by diplomacy, or by force. We may claim on this
continent n like exemption from European interfe
rence. The nations of America are equally sove
reign and independent with those of Europe. They
possess the same rights, independent of all foreign
interposition, lo mako war, to conclude peace, and
to regulate their internal affairs. The people of
the United States cannot, therefore, view with in
difference attempts of European powers to interfere
with the independent action of the nations on this
continent. The American system of government
is entirely different from that of Europe. Jealousy
among the different sovereigns of Europe, lest anv
one of them might become loo powerful for the
rest, has caused them anxiously to desire I lie es
tablishment of w hat they term the " balance of
power." It cannot be permitted to have any appli
cation on the North American continent, nnd es
pecially to tho United States. We must over main
t u in the principle, thnt the people of this continent
alone have the right to decide their nun destiny.
Should any portion of them, constituting an inde
pendent stale, propose to unite themselves ith
our confederacy, this will b a question for them
and us tn determine, without any foreign interposi
tion. We can never consent that European Pow
ers shall interfere to prevent such a union, becauso
it might disiurb the " balance of power" iihioh
thev may desire to maintain upon this conlineiil.
Noar a quarter of a century ago, (lie principlo w as
distinctly announced to Ihe world in the annual
message of one of my predecessors, thnt " the A
merienn continents, by Ihe free nnd independent
condilion which they have assumed and maintain,
are henceforth not lo ho considered as subjects for
future colonization hy ony European Power."
This principlo will apply with greatly increased
force, should any European Power attempt lo es
tablish any new colony in North America. In Iho
existing circumstances of the world, the present is
deemed a proper occasion lo reiierato and reafiirm
tho principle avowed by Mr. Monroe, and to stato
my cordial concurrence in its w isdom and sound pol
icy. The roasscrtion of this principle, especially
in reference lo North America, is at this day but
the promulgation of a policy which no European
Power should cherish the disposition lo resist.
Existing rights of every European Nation should
be respected ; but it is due alike to our safety and
our interests, that the elficieiit protection of our
laws should be extended over our w hole territorial
limits, and that it should be distinctly announced to
the world as our settled policy, that no future Eu
ropean colony or dominion shall, with our consent,
bo planted or established on any p u t of Ihe North
American continent.
A quesiion has roecntly s risen under the tenth
article nf the subsisting Irealy between the United
States and Prussia. By this article, ihe consuls of
the two countries have the right to situs judges
and arbitrators " in such differences ns may arise
between the captains and crews of the vessels be
longing to tho nation whose interests aro commit
ted lo tlieir charge, without the interference of'tlie
local authorities, unless the conduct of the crew s
or of the captain should disiurb tho order r tran
quility of the country ; or the said consuls should
acquire their assistance localise their decisions to
be ca.riod into effect or supported."
The Prussian consul at New Bedford, in June,
1844, applied to Mr. Justice Story to carry into ef
fect a decision mnde by him between iho captain
and creiv of the Prussian ship Boruseia ; but the
request was refused on the ground that, without
previous legislation by Congress, tho judiciary did
not possess the power to give effect to this ariiole
of the treaty. The Prussian government, through
their miaiater hero, have complained of this viola,
tion of the treaty, and have asked the government
of the United States to adopt the necessary meas
ure lo prevent similar violations hereafter. G.iod
faith to Prussia, as well as lo oilier nations with
whom we have similar treaty stipulations, require
that these should be fuithfnlly observed. I hare
deemed it proper, therefore, to lay the subject be
fore Congress, and to recommend such legislation
as mny be necessary to give effect 10 these treaty
obligations.
By virtue of an arrangement made beluoen the
Spanish government and that of the United States,
in December, 1831, American vessels, since the
twenty-ninth of April, 1S32, hove been admitted
to entry in the pons of Spain, including those of
the Balearic ond Canary Islands on payment of
ti e some tonnlge duty of five ccnispcr ton, til
though they had been Spanish vessels ; and this,
whether our vessels arrived in Spain directly from
the United States, or itid'nertly from any other
country. When Congress, by the act of the thir
teenth of July, 1842, gave effect to this orrangment
between the Iwo governments, tlcy confined the
reduction of tonnage duly merely to Spanish voa
sels " coining from a port in Spain," leaving the
fonner discriminating duty to remain ngainsl such
vctsels coming from a poit in any other country.
It is manifestly unjust thnt, whilst American ves
sels arriving in the ports of Spain from other coun
tries, pay no more dutv (lion Spnnish vessels arriv
ing in tho pons of the United States from other
countries should be subjected to heavy discrimina
ting tonnage duties. This i9 neither equality nor
reciprocity, and is in violation of Ihe arrangement
concluded in December, 1831, between tho two
countries. Tho Spanish government have made
repeated and earnest remonstrances against this
inequality, and tho fivoroble attention of Congress
has been several limes invoked to tho subject by
my predecessors. I recommend, as an act of just
ice lo Spain, that this inequality be removed by
Congress, ond that Ihe discriminating duties which
have been levied under the act of the thirteenth of
July, 1832, on Spanish vessels coming lo the Uni
ted States, from ony other foreign country, he re
funded. The recommendation does not embrace
Spanish vessels arriving in the United Stntes from
Cnba and Porto Rico, which will stilt remain sub
ject to ihe provisions of the oct of June thirtieth,
1834, concerning tonnage duly on such vessels.
By the oct of Iho fourteenth of July, 1832, cof
fee wns exempted from duty altogether. This ex
emption was iiniicrsal, wiil.onl reference lo the
country where il wus produced, or Ihe national
character nf the vessel in uhich it was imported.
ISy ihe tariff act of the thirtieth of August, 1842,
t ii is exemption from duty was restricted to coffee
imported in American ves-els from the place of its
production ; whilst codec imported under all other
tiieiiiristanccs wus subjected to a duty of twenty
per lent, ad valorem. Under this act, and our ex
isting treaty with the King of the Nelherlands,
Java coflce imported from ihe European perls of
(hat kingdom iuio the United Stales, whether in
Dutch or American vetaclu L:t "
auty. The government ol the Netherlands com
plains that su h a discriminating duty should have
been imposed on coffee, the production ofoneof its
colonies, and which is chiefly brought from Jaia
to the ports of thnt kingdom, nnd exported from
thence to foreign counliies. Our trade with the
Netherlands is highly beneficial to both eountries,
and our relations with them have ever been cf the
most friendly chnroctor. Under all the circum
stances of Iho case, I recommend that this discrim
ination should be abolished, and that ihe coffee of
Java imported from the Netherlands be placed up
on thesame fooling with that imported directly
from Brazil and othor countries where it is produ
ced. Under the eighth section of (lie tariffact of the
thirtieth of August, 1842, a duty of fifieen ecnti
per gallon wus imposed on port w ine in casks; while
on the red wines of several olber countries, when
imported in casks, a duty of only six cents per gal
lon was imposed. This discrimination, so far as re
garded the Port wine of Portugal, was deemed
viola til n of our treaty with thai power, which pro
vides, thai "No higher or other duties shall be ini
posed on the importation into the United State of
America of any article the growth, produce or man
ufacture of the kingdom and possessions of Porto
gal, than such or ore or shall he payable on the
like article being the growth, produce, orn.onufai
lure of ony other foicign country." Accordingly,
to givo cfl'ccl lo the tienty, as well ns to the inten
tion of Congress, expressed in a proviso to the tar
ifl'act lUelf, that nothing therein contained should
be so ronstrued as to inierferc with subsisting trea
ties with foreign nations, a treasury circular was
issued on the sixteenth of July, 1844, which, among
other things, declared ihe duty on the Port wine of
Portugal, in casks, under ihe eis(ing law and ties
tv, to bo six cents per gallon, and directed that the
excess of duties which had been collected on such
wine should be refunded. By virtue of another
clause in the e ime section of the act, it is provided
that all imitations of Port or any other wines,
"shall be subject to the duty provided for the gen
uine article." Imitations of Port w ine, the produc
tion of France, are imported to some extent inlo
the United Stales ; and the government of that
countrv now cloim? that, undor a correct construc
tion of tho act, these imitations ought not to pay a
higher duty than that imposed upon the original
Port wine" f Portugal. It appears to me to be
unequal and unjust, that French imitations nf Port
wine should be subjected to a duty of fifteen cents,
while the more valuable orlicle from Portugal
should pay a duty of six cents only per gallon. I
therefore 'recommend to Congress such legislation
as miv be necessary to correct Ihe inequality.
Tlie'laic President, in his annual message of December
last, recomniciMleil an opprn rinlmn lo satitfy the claim
ol IV. vis govfi niiK.nl against ihe United Stales, which had
la-en prcu'Uisly adjusted, so tar in the powers of ihe Ex
cciiiive extend These claims anise mil of the act of dii
arm ing a huilv ol ' Texan iroups under die command Major
Sniveiy hy mi' officer in ihe teivir.e of the United Smies,
aciiuii 'uniler iho urcVrn ufuur government ; and the forci
ble entry in'o ihe custom house al Bryarlv's landing, OB
He. I liver, bi ei uniii citizens of the United Suites, and
takiiujnivag ilK-rel'n.ni the goods seized hy die collector of
ihe customs as furleiied uoitei ihe laws of Texas. This
win a lii'iiiihiteil ilbt, uscei Mined to lie due to Texas wlien
an independent Stale. Her acceptance of die lei ms of an
nexaiioii proposed In ihe Unite.. Slates does not discharge
or invalidate ihe clauu. I recommend ihat provisions k
limile ior its pajnu r.'.
The commissioner :ipiointed lo China doting the fpccial
session nf ihe Senate in March Insl tiiirily alterwarcis set
nm on lii mission in the t ailed Bletes ship Columbus.
on arriving al Kin Janeiro on his passage, the slate of bis
health had become so critical, that by ilifi advice of hit
medical atiendsnls, he relumed lo ihe United slates earlyi
in the inoiiih ol Oc ohrr last. 1 1 niiouitorf liulille, com
maiming the l-'.a.-l India siniaUi. !. tirocnleil on Ms vosa,
in the Columbus, and van charged by the couiiniisn
with the duty of exchanging w itu the proper milieu ines life
ratiticaiioiis nf ihe lieaty laiely concluded with I lie Emper
or of China. Since the return of the commissioner lo ihe
United Stales, hi. health has been much improved, and lie
enteriains Ihe confident helicl'il.at he will suoii be able lo
proceed on his nihsion.
Unforiiinalely, ditlen tiers ceniii.e.e lo exist among some
ofilic aminos Jl Souih Aiueriia, which, follow iu your en
ample, have established their independence, while in oih
cis internal dissensions prevail. Ii is natural that our rim
puliies should be waimlv enlisted for their welfare ; Ihat
wo should dtairc that all controversies between
them should he amicably adjusted, and their gov
ernments administered in a manner to protect the
rights, and promote the prosperity of tlieir people.
It is contrary, however, to our sumeu poucy, iu in-
tenure in ineircouiruvi-iaico, ..im... . ...
I have thus adverted to all the subjects connect
edwith our foreign relations to which I deem it ne
cessarv to call your attention. Our policy is not only
peace with all, but good will to all the powers of the
earth. While we are just to nil, we require that
all shall bo just to us. Excepting the difference
with Mexico an! Great-Britain, our relations with
all civilized nations aro of tne most satisfactory
character. It is hoped that in this enlightened
age, tiieso ditVe ronces may be amicably adjusted.
The Sjcretsry of the Treasury, in his annual re
port to Congress, will enmnunicate a full statement
of ths condition of our finances. The imports for
the fisc.il year ending on 30th of June la3t, were of
the. value of 1 17 millions two hundred and fifty-four
thousand five hundred and sixty-four dollam.of which
the amount exported was 15 millions three hundred
and forty-six thousand eigbthundred and thu ty dol
lars leaving a balance of 101 millions nine han
ored and seven thousand seven hundred arid thirty
font dollar for domestic consumpiion. Thft .
pirts for the sime vear were of the value of 114 mil-