The Georgia journal. (Milledgeville, Ga.) 1809-1847, December 09, 1845, Image 2
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w' t P y,JWl| fji>toqf JiqmnMiHt ; -
It U H» *» • source of unaffected satisfaction to
•H) the Repreeenutivea of lira State* end the peo-
pie M Coegreaa aaeembled, aa it will be to receive
the-ei^pf llieir combieed wisdom in the adminia.
t ration of publio affairs.' In performing, for the
Aim time, the duty imputed on me by the conatiiu-
. lien, of giving to you information of the time of
the Uuiun, end recommending to your conaidern.
lien such meftaurea n« in my judgmeut arenecos.
’ aery and eipeditmt,! am happy that I can congrat
ulate you on ilia continued prosperity of our coun
try. Under the blastings of Divine Providence
end the benign influence of our free institutions, it
steeds before tiio world e spectacle of national hop-
piness.
With our unexampled advancement in nil the el-
manta of national greatness, the affection of the
people is confirmed for the Union of the States, and
for the doctrines of popular liberty, which lie at
the foundation of our Guvornment.
It becomes us, in humility, to make our devout
acknowledgments to the Supreme Ruler of the
Uoiverse, for the inestimable civil and religious
blessings with which we are favored.
In calling lha attention of Congress to our rela
tions with foreign Powers, I am gratified to be able
to state, that, though with some of them there have
existed since your last session serious causes of ir
ritation and misunderstanding, yet no actual hostil-
itiss have taken place. Adopting the maxim in
thn conduct of our foreign affairs, to“ask nothing
that ie not right, and submit to nothing that is
wrong," it lias been my anxious desire to preserve
peace with ell nations; bnt, at the 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 pre
decessor, on the third day of March, 1845,.elected
to submit the first and second sections of that res
olution to the republic of Texas, es an overture,
on the part of the United States, for Iter admission
as a State into our Union. This election I approv
ed, and accordingly the charge d’affuirs of the Uni
ted States in Toxas, under instructions of the lentil
of March, 1845, presented these sections of the
resolution for the acceptance of that republic.—
The executive government, the Congress, end the
people of Texas in convention, have successively
complied with all the terms and conditions of the
joint resolution. A constitution for the govern,
ipem of the Slate of Texas, formed by a convention
pf deputies, is herewith luid before Congress. It
is we!! known, also, that the people of Texas at the
polls have accepted the terms of annexation, and
ratified the constitution.
I communicate to Congress the correspondence
between the Secretary of State and onr charge
d’affairs in Texes ; and alsq the correspondence
of the latter with the authorities of Texas; together
with the official documents transmitted by him to
fiis own government.
The terms of annexation which Were offered by
the United States having been accepted by Texas,
the public faith of both parties is solemnly pledged
to the compact of their union. Nothing remains
to consummate the event, but the passage of an act
by Congress to admit the State of Texas into the
(Jnion upon an equal fooling with the original States.
Strong reasons exist why this should he done at an
parly period of the session. It will be observed
that, by the constitution of Texas, the existing gov
ernment is only continued temporarily till Congresi
pan act; and that the third Monday of the present
month is the day appointed for holding the firs*,
general election. On that day u governor, a lieu
tenant governor, and both branches of the Legi-du.
lure, will be chosen by the people. The President
of Texas is required, immediately after the receipt
of official information that the new Stales has been
admitted into our Union by Cungress, to convene
the legislature; and, upon its meeting, the existing
government w ill be superseded, and the State gov.
»rnment organized. Questions deeply interesting to
Texas, in common with tile other Stales ; the ex.
teniion of qur revenue laws andjudicinl system over
her people and territory, as well as measures of a
local character, will claim the early attention of
Congress ; and, therefore, upon every principle of
republican government, she ought to be represented
ip that body without unnecessary delay. I
cannot too earnestly recommend prompt action on
this important subject.
As soon as tit.e act to admit Texas as a Slate
shall be passed, the union ql the two republics will
be consummated by their own voluntary consent.
This accession to our territory has been a blood
less achievement. No arm of force has been rais
ed to produce the result. The aword has had no
pert in the victory. We have not sought to ex.
tend oyr territorial possessions by conquest, or our
republican institutions over a reluctant people. It
was the deliberate homage of each people lu the
groat principle of our federative union.
If wp consider the extent of territory involved
in the annexation—its prospective influence on Am-
erica—the means by which it has been accomplish
ed, springing purely from the choice of the people
themselves to share the blessings of out Union,-the
history of the world may be challenged to furnish
B parallel.
The jurisdicliun of the United States, which at
the formation of the federal constitution was hound
ed by the St. Mary’s, on the Atlantic, has passed
the Capes of Florida, and been peacefully extended
to the Del Norte. In contemplating the grandeur
of this event, it is not to be forgotlon that the result
was achieved in despite of the diplomatic interfer
ence of European monarchies, Even France—the
/country- which had been our ancient ally—the coun
try which has a common interest with us in main,
taining the freedom of the seas—the country which,
by the cession of Louisiana, first opened to us uc.
cess to the Gulf of Mexico—the country with
which we have been every year drawing more and
more closely the bonds of successful commerce—
most unexpectedly, and to our unfeigned regret,
took pari in an effort to prevent onuoxalion, and
to impose on Texas, as a condition of the recogni.
lion of her independence by Mexico, that she would
never join herself to the United States, We may
rejoice that the tranquil and pervading influence of
the A merican principle of self-government was
sufficient to defeat the purposes of British and
French interference, end that the almost unanim.
ous voice of the people of Texas has given to that
interference a peaceful and effective rebuke. From
this example,European governments may learn how
vain diplomatic arte and intrigues must ever prove
upon Ibis continent, against that system of self-
government which seems natural to our soil, nnd
which will ever resist foreign interference.
Towards Texas, 1 do not doubt that a liberal and
generous spirit will actuute Congress in all that
concerns ber interests and prosperity, nnd that she
will never iiave cause to regret that she has united
her “lone star” to our glorious constellation.
I regret to inform you that our relations with
Mexico, since your last session, have not been of
thu amicable character which it is our desire to
cultivate with all foreign nations. On the sixth duy
of March Iasi, the Mexican envoy extraordinary
and minister plenipotentiary to the United States
made a formal protest, in the name of his govern
ment, against the joint resolution passed by Con.
great, "for the annexation of Texas to the United
States," which he chose to regard es a violation of
the rights of Mexico, and, ia consequence of it, lie
demanded his passports. lie was informed that
the government of the United Steles did not con.
eider this joint resolution as a violation of any of
tba rights of Mexico, nr mat it afforded uny just
cattae of offence to his government; that the repub
lic of Texaa was an independent Power, owing no
allegiance to Mexico, and constituting no part of her
territory or rightful sovereignty and jurisdiction.
t»is the . I rice re desire m«M by e joint cdimni
of this government to mthtaio with that of Mexl- signed at Moifco on the twentieth day of
co relations of peace and good understanding,— bar. 1848. This trooty was ratified by the Unit I
That functionary, howeftr, notwithstanding these ad States, with cormin amendments, to which no
representations and asaerancas, abruptly tormina
ted his mission, and shortly afterwards left the
country. Our Envoy Extraordinary and Minleter
Plenipotentiary to Mexico wni refused all official
intercourse with that government, nnd, after re.
initining several months, by the permission of his
own government, he returned to the Uuitod Slates.
Thus, by the acts of Mexico, all diplomatic inter,
course between the two countries was suspended.
Since that time, Mexico Ims, until recently, oc
cupied nn altitude of hostility towards the United
States—has heiu mnrshalling and organizing nr.
mies, issuing proclamations, and avowing the inten
tion to make war nn the United States, cither by
an open declaration, or by invading Texas. Both
the Congress and Convention of the people of Tex
aa invited this Government to send an army into
thut territory, to protect nnd defend them against
the menaced attack. 'The moment the terms of
annexation, offered by the United Stales, were ac
cepted by Texas, the latter became so far a part
of our country, ns to make it our duty to afford
such protection und defence. I therefore deemed it
proper, as a precautionary measure, to order a
strong squadron to the coasts of Mexico, and to
concentrate an efficient military force on the wes
tern frontier of Texas. Our army was ordered to
take position in the country between the Nueces
nnd tlie Del Norlo, and to repel any invasion of the
Tt-xun territory which might be attempted bj the
Mexicun forces. Our squadroin in the gulf was
ordered to co-operuto with tlio army. But though
our army a..d navy were placed in a position to de
fend our own, and the rights of Texas, they were
ordered to commit no act of hostility against Mcx.
ico unless she declared wur, or was herself the ag.
grosser by striking the first blow. The result has
been, that Mexico Ims mnde no aggressive move
ment, nnd our military nod naval commanders have
executed tl\eir orders with such discretion, that the
peaco of the two republics Ims not been disturbed.
Texas had declared her independence, and
maintained it by her arms for more limit nine years.
She has hud an organized government in success
ful operulion during that period. Her separate
exislence,us an independent State, had been recog
nized by the United States nnd the principal Tow
ers of Europe. Treaties of commerce und nnvi.
cation hud been concluded with her by different
nutioos, and it hud become manifest to the whole
world tliut any further attempt on tile part of Mex
ico to conquer tier, or overthrow her government,
would be vain. Even Mexico herself Imd become
satisfied of this fuel; and whilst the question of an.
nexalion was pending before the people of Texas,
during the past summer, the government of Mexico
by a formal act, agreed to recognize the indepen
dence of Texas on the condition that she would
not nnnex herself to any other Power. The agree
incut to acknowledge the independence of Texas,
whether with or without this condition, is cunclu'
elusive against Mexico. The independence of
Texas is a foot conceded by Mexico herself, and
stie Imd no right or authority to prescribe res
trictions us to the form of government which Tex
as might afterwards choose to assume.
But though Mexico cannot complain of the Uni.
ted Stales on account of the annexation nf Texas,
it is to he regretted that serious causes of misun
derstanding between the two countries continue lu
exist, growing out of unredressed injuries inflicted
by the Mexican authorities and people nn the per
sons and properly of citizens of the U- Slates, thro*
a long series of years, Mexico has admitted
these injuries, but Ims neglected and refused to re
pair them. Suoli was the character of the wrongs,
and such the insults repeatedly ofiered to Ameri
can citizens and the American flag by Mexico, in
' j violation of the laws of uutions and the
treaty between the two countries of the fifth of
April, 1831, that they have been repeatedly brought
to the notice of Congress by my predecessors. As
early ns the eighth of February, 1837, tlio Presi.
dent of the United Stulos declared, in a message to
Cungress, thut "the length of time since some of
the injuries have been committed, iho repealed and
unavailing applications for redress, tiiu wanton
character of some uf the outrages upon the per
sons nnd property of our citizens, upon the officers
and flag uf thu United States, independent of re
cent insults to this government and people by the
late Extraordinary Mexicun minister, would justify
in the eyes of all nations immediate war.” He
Hid not, however, recommend an immediate resort
to this extreme measure, which, he deciarod 'should
not be used by j ist and generous nations, confiding
in their strength for injuries commuted, if it can
he honorably avoided hut, in a spirit of forbear,
uuce, proposed that another demand he made on
Mexico for that redress which Imd been so long
and unjustly withheld. In these views, committees
of the two Houses of Congress, in reports made
to their respective bodies, concurred. Since these
proceedings more than eight years have elapsed,
during which, in addition to the wrongs then com.
plained of, others of an aggravated character have
been committed on the persons and property of our
citizens. A special ugent was sent to Mexico in
the summer of 1838, witii full authority to make
another und final demand for redress. Tlio de-
umnd was made; the Mexican government pro.
mised to repair the wrongs of which we complain-
cd ; and after much^deluy, a treaty of indemnity
with that view was concluded between the two Pow
ers on the eleventh of April, 1839, and was duly
ratified by both governments. By tliis treaty u
joint commission was created to adjudicate and de
cide on the claims of Ameriauu citizens on the go
vernment uf Mexico. The commission was or
ganized at Washington on the twenty-fifth day of
August, 1840. 'l'heir lime was limited to eigh.
leeu months ; at the expiration of which, they hud
udjudiculcd and decided claims amounting tu two
millions twenty.six thousand one hundred and thir
ty-nine dollars and sixty-eight cents in fuvor of
citizens of the United Slates ugoinst the Mexican
Government, leaving a large uniaunl ol claims un
decided. Of the latter, the American commission
ers had decided in fuvor of our citizens, claims a-
mounting to nine hundred and twenty-eight thous-
six hundred and twenty-seven dollars and eighty-
eight cents, which were left unacted on by the
umpire authorized liy the treaty. Still further
claims amounting to between three and four mil
lions of dollars, were submitted to the board loo
lute to he considered, and were left undisposed of.
The sum of two millions twenty six thoiisnnd one
hundred and thirty-nine dollars und sixly-cight
cents, decided by the board, wus u liquidated and
ascertained debt due by Mexico to the claimants,
and there was no justifiable reason for deluying it*
payment according to the larmejof the treaty. It wet
not, however, paid. Mexico applied for further in.
dulgence ; und, in that spirit of liberality und for
bearance which bus ever marked the policy of the
United Status towards that republic, the request
was granted ; 'und, on the thirtieth of January,
1843, anew treaty was concluded. By this treaty
it was provided, that the interest duo an the awards
in fuvor of the cluimunls under the convention of
the eleventh of April, 1839, should he paid an the
thirtieth uf April, 1843; and that "tlio principal of
the said awards, and lha interest arising thereon,
shall he puid in five years, m equal instalments ev
ery three months ; the said term of five years to
commence on the thirtieth day of April, 1843, as
aforesaid" The interest duo on the thirtieth day
of April, 1843, and the three first of the twenty in-
slulments, have been puid. Seventeen of these in-
slulments remain unpaid, seven of which are now
eue.
Tlio claims which wore left undecided by the
joint commission, amounting to more than throe
millions of dollar*, together with other claims for
spoliations on lliu properly of our citizens, were
subsequently presented to the Mexican government
for payment, and were so far recognised, that a
treaty, providing for their examination and settle-
, .twtiesiiy'jia'Xt/itie.n.ia—wftauxs
just exception could have been teken; but it hit
not yet received the ratification of the Mexican go
vernment. in,the monn time, our citizen* whoeuf
fared great busts, und some of whom Iiave been
reduced from uffluence lu bankruptcy, are without
remedy, unless their rights he enforced by llieii
government. Such a continued and unprovoked
series of wrongs could never Itnve been tolorated
by the Untied Slates, had they been committed by
one of the principal nations of Europe. Mexico
wns, however, a neighboring sister republic, which
following our oxnmple, Imd achieved her indepett.
dence, nnd for whose success and prosperity all our
yinpnihies were early enlisted. The United
States were (lie first to recognise her independence
and to receive her into the family of nations, and
have ever been desirous of cultivating with her u
good undemanding. We have, therefore, boino
the repeated wrongs she has committed, with greax
patience, in the hope that a returning sense of jus
tice would ultimately guide her councils, and Ilia t
we might, if possible, honorably avoid any liostil-ti
collision witii her.
Without the previous authority of Congress, th--
Executive possessed no power to adopt or enforce
adequate remedies for the injuries we had suffered ,
or to do more than Le prepared to repel the threa t
ened aggression on the part nf Mexico. After ou c
army and navy had remained on the frontier an-il
coasts of Mexico fur many weeks, without any hoe ■
lilo movement on her part, though her menace i
were continued, I deemed it important to put a. i
end, if possible, to tills state of things. With this
view, I caused steps to be taken, in tiie month c f
September lust, to ascertain distinctly, and in a u
authentic form, what the designs of the Mexico n
government were; whether it was their intention to
declare war, or invade Texas, or whether th t-y
were disposed to adjust and settle, in nn nmicat Ic
manner, the ponding differences between t ia
two countries. On the ninth of November an <f-
ficiul uuswur was received, that the Mexican gc-v.
eminent consented to renew the diplomatic reli i-
lions which had been suspended in March Inst, e nd
for thut purpose were willing to accredit a minisl er
from the United States. With a sincere desire to
preserve peace, and restore relations of good i m-
derstanding between the two republics, I waived all
ceremony as to the manner of renewing diploma lie
intercourse between them ; und assuming the .ini
tiative, on the lonth of November a distiuguisl ed
citizen of Louisiana was appointed Envoy Ext) -u-
ordinary and Minister Plenipotentiary to Mexh jo,
clothed with full powers to adjust, and definitivt dy
settle, all pending differences between the X wo
countries, including those of boundary betn uen
Mexico and the State of Texas. The minister ap
pointed lias set out on his mission, and is prob ably
by this time near the Mexican capital. He ha.-r
been instructed to bring the negotiation with wl ich
he is charged to a conclusion ut the earliest p iac-
licuble period ; which, il is expected, will he in time-
to enablo me to communicate the result to Con
gress during the present session. Until that rosult
is known. 1 forbear to reoommend to Cong ess*
sucli ulterior measures of redress for the wro ngs
and injuries we have so long borne, as it would iiave
been proper to make had no such negotiation 'been,
instituted.
Congress appropriated, at the last session, tbje
sum uf two hundred and seventy-five thousand d- >].
lurs for the payment of the April and July ins l.- tl-
rrieuts of lite Mexican indemnities for ihe year
1844 ; "Provided it shall be ascertained to the silt
isfuction of the American government thalsaic I in
stalments have been paid by the Mexican gov ern.
menl to the agent appointed by the United St at es
to receive (lie same, in such manner ns to discb arj >e
all claim on tlio Mexican government, and sat'd
igenl to be delinquent in lemiltiiig the uioc my t o
tlio United States,”
Tlie unsettled state ofour relations with M exico*
has involved this subject in much mystery. The
first information, in an authentic form, fro m the*
agent of the United States, appointed under tl m ad
ministration of my predecessor, was received at the*
Slate Department on the ninth of Novembet • last..
This is contained in u letter, dated the seventi tcnilu
of October, addressed by him to one of our cit, 'Zens
then in Mexico, with the view of having it con mu-
nicuted to that department. From this it app ears-
tliut llie agent,on tlie twentieth of September. 1 844,.
gave a receipt lu tlie treasury of Mexico fot the*
amount of the April and July instalments of the in
demnity. In the sumo communication, liowr ver,,
he nssers that lie had not received u single d .jllnr
in cash ; hut thut lie holds sue!: securities as ivur.
ranted him ut the lime in giving the receipt, and:
entertains iio doubt hut that lie will eventually ob
tain the money. As these instalments appear nev
er to have been actually paid by the governmet t of
Mexico to the agent, and as tliut government has
not therefore been released so os to discharge the
claim, I do not fuel myself warranted in direc ting
payment to he made to the claimants out of the ; tren.
sury, without further legislation. Their cuse is,
undoubtedly, one of much hardship ; and it rem .tins
for Congress to decide whether any, and what, re
lief ought to be granted to them. Our minista r to
Mexico bus been instructed to ascertain the facts
of the cuso from the Mexican government, in nn
authentic and official form, and report tlie result
with as little delay as possible.
branch of tba Columbia, and lbanco down tha chan
nel of that river to the aaa, had beao wrid ay
Great Britain, with an addition of a amall detached
lorritory north of the Columbia. Each of theee
propositioni had been rt-jeciad by lha parties re*
*| actively.
in October, 1843, the Envoy Extraordinary and
Minister Plenipotentiary of the United States in
Londun was authorized to make a similar offer to
those made in 1818 and 1820. Thus stood the
luestion, when the negotiation waa shortly after
t vards transferred to Washington; and, on the twen
l.y-lliird of August, 1844, was formally opened, till.
Her
ler the difeclion of my immediate predecessor,
I <ike all tlie previous negotiations, it wos based up-
ore principles of "compromise;” and the nvowed
purpose of the pnrlies wus, "to treat of the respec-
li ve claims of tlie two countries to ihe Oregon ter
ritory, with the view to cslahlisd a permanent boun
dary between the westward of the Kucky mountains
to thu Pacific ocean.” Accordingly, on the twen
ty-sixth of August, 1844. the British plenipotenlia.
ry ofiered to divide the Oregon territory by the
forty.niistli parallel of north lutitude. from the
Rocky mountains tu the point of its intersection
with the norlheasternmost branch of the Columbia
river, and thence down that river to the sen; leav-
iing the free nsviguliun of the river to he enjoyed in
:ommon by both parties—tlie country south of this
I jno to belong to the United States, and thut north of
it to Great Britain. At the same lime, he propos-
id, in addition, to yield tu the United States u de-
uachod territory, north uf the Columbia, extending
llong tlie Pacific and the Straits ofFuca, from
Bulfinch’s harbor inclusive, to Hood’s canul, nnd to
make free to tlie United Stales uny port or ports
louth of latiludo forty.nine degrees, which they
might desire,cither on tlie main land, or on Quadru
md Vancouver’s island. Willi the exception of
t.lio free ports, this wns the snmu offer which had
been made by the British, nnd rejected by the
American government in the negotiation uf 1820.
This proposition was properly rejected by the
American plenipotentiary on the duy it wns sub
mitted. This was the only proposition of compro
mise offered by the Britisli plenipotentiary. The
proposition on the part of Great'Britain having been
(.•ejected, the British plenipotentiary requested that
u proposal should be made by the United Stiites
for “an equitable adjustment of the question."
When I came into office, I found this lobe tlie
state of tlie negotiation. Though entertaining tlie
settled conviction, that the British pretensions of ti
tle could not he maintained to any portion of the
Oregon territory upon anv principle of public law
recognised by nations, yet, in deference to wliat
had been done by my predecessors, and especially
in consideration tliut propositions of compromise
had been thrice made by two preceding administra-
-iuns, to adjust the question on tlie parallel of forty,
nine degrees, and in two of them yielding to Great
Brituin the free navigation of the Columbia, and
that the pending negotiation had been commenced on
the basis of compromise, I deemed it to be my duty
not abruptly to break il off. In consideration, too,
that under the conventions of 1818 and 1827, the
citizens and subjects of the two Powers held a joint
occupancy of the country, 1 was iuducod to muke
another effort to soldo this long-pending comrover
sy in tlie spirit of moderation which U*d given birth
to the renewed discussion, A proposition wus ac
cordingly made, which was rejected by the British
plenipotentiary, who, without submitting any other
proposition, suffered the negotiation on his part to
drop, expressing his trust that the United States
would offer wliat lie suw fit to call "some further
proposal for the settlement of Ihe Oregon question,
more consistent with fairness and equity, and with
tlio reasonable expectations of the British govern
inent." The proposition thus offered and rejecter,
repented the offer of the parallel of forty-nine de
grees of north latitude, which had been made bv
two preceding administrations, but without propo
sing to surrender to Great Britain, as they Imd,
done, the free navigation of the Columbia river.
The right of any foreign Power to tlie free naviga
tion of any of our rivers, through the heart of our
country, was one which 1 was unwilling to concede.
It also embraced a provision to make free to Great
Britain anv port or ports on the cop or Quadra and
Vancouver’s island, south tsf this parallel. Had
this been a new question, coming under discussion
for the first lime, this proposition would not have
been made. The extraordinary und wholly inad
missible demands of the British government, and
tiie rejection of the proposition made in deference
alone to wliat had been done by my predecessors,
and the implied obligation which their acts seemed'
to impose, afford satisfactory evidence that no com.
promise which the United Suites ought to accept,
cun be effected. Wiih this conviction, the propo
sition of compromise which had been made and re
jected, wns, bv my direction, subsequently wi.h-
drawn, and our title to the whole Oregon territory
asserted, and, us is believed, maintained by irre-
frugable fuels and arguments.
The civilized world willseoin these proceedings
n spirit of liberul concession on (lie part of the
United Stales; and this government will he relieved
from all responsibility which may follow tlie fuil.
ure to settle the controversy.
All attempts at compromise having fuilcd, it be
comes the duty ofCongrcss to consider wliat meas
ures it may lie proper to adopt for the security und
prolection ol our citizens now inhabiting, or who
My uitenlionjwus early directed to tlie no gotiu. - may herealior inhabit Oregon, and for tlie main*
tion, which, on ihe fourth of March last, I .found 1 tenanee ol our just title to thut territory, in adopt
pending at Washington between the United If'tatcs * ll t5 measures lor this purpose, care should be tukui.
and Great Britain, on the subject of the O.-regon !. '' ,al nothing bo done to violate the stipulations of the
territory. Three several altompis had beew pre- I convention ol 1827, which is still in force. The
vi-iusly madu to settle the question in dispufti* lie- uf treaties, in their letter und spirit, lias ever
tween the two countries by negotiation, upr ia tlio
principle of compromise, but eucli had p.roesil un
successful.
These negotiations took place at London., -is the
years 1818, 1824 and 1820 ; the two first under the
administration of Mr. Monroe, and the last .coder
lliatof Mr. Adums. The negotiation of 981-8 hav
ing failed to accomplish its object, resulted -in tlio
convention of tlie|20th of Oct. of tliut year.. £<y the
3 J oriole of that convention, it was 'agrceo 1 , that any
country that may he claimed by either par l.y ux the
northwest coastuf America, westward of t lie -ft cony
mountains, shall, together with its hurbors,' -lays,
and creeks, and the navigation of all rivers within
the same, be free and open for the term *af ten
years from the date of the signature of tlio present
convention, to iho vessels, citizens and subject* uf
the two Powers ; it being well understood thu l ithU
agreement is not to be cunstrued to the prejud-ios of
any claim which either of the two high coiitraxxing
parties may liuvcto any part of the said cuumry'.aor
shall it bo tuken to affect the claims ol any other
Power or Slate to any part of said country; the on.
ly object of the high contracting parties in that ore.
sped being, to prevent disputes und differences u.
mong themselves."
The negotiation of 1824 was productive of no
result, and the convention of 1818 was left unchua'g-
ed.
The negotiation of 1828, having ulso failed to
effect an adjustment by compromise, resultod in
the convention uf August the sixth, 1827, by whii h
il wns agreed to continue in force, for an indefinite
period, iho provisions of the third article of tthe
convention of the twentieth of October, 1818; atid
it was further provided, that “il shall he compete!) t,
however, to either of the contracting parties, in
case either should think fit, at any time after th.e
twentieth of October, 1828, on giving due notion
of twelve months to the other contacting party, to
annul and abrogate this convention; and it shall, in
such case, he accordingly entirely unnulled and ab
rogated after tlie expiration of the said term of no
tice.’’ In these attempts to adjust the controversy,
ills parallel of the forty-ninth degree of north loti-
.ude had been offered by the United States to
Great Britain, and in those of 1818 ai.d 1828, with
a further concession of the free navigation of the
Columbia river south of that latitude. The parallel ty Hudson'* Bay Company, of the exclusive trade with
been, and, 1 trust, will over he, scrupulously oh
served by the United States. Under tliut co ven-
lion, a yeur’a notice is required to ho given by ei
tlier parly to tlio other, before thu joint occupuncy
shall lermioale, and before either can rightfully as-
sert or exercise exclusive jurisdiction over any por.
tion of the territory. This notice it would, in mv
judgment, ho proper to give; and I recommend thut
provision be made liy law f,. r giving it accordingly,
and terminating, in this manner, the convention
tlio sixth of August, 1827.
Il will become proper for Congress lo determine
wliat legislation they can, in the menu time, adopt
without violating this convention. Beyond nil
question, the protection of our luws and our juris,
diction, civil und criminal, ought to bo immediately
extended over our citizens in Oregon. They have
had just cause to complain of our long neglect in
this particular, and have, in consequence, been
compelled, for their own security and protection,
lo establish a provisional government for them
selves. Strong in their allegiance and ardent in
their uttuchmenta to the United States, they have
been thus cast upon their own resources. They
are anxi ius that our luws should be extended over
them; and I recommknd tliut this he done by Con.
gress with as little delay us possible in the
lull extent to which the British i’urliument have
proceeded in regurd to British subjects in that ter-
ritory. by their act uf July the second,J1821, "for
regulating tho fur-trade, and establishing a crimi
nal and civil jurisdiction within certain parts o(
North America.” By this act Great Brituin ex
tended her laws and jurisdiction, civil and criminal,
over Itor subjects, engaged in the fur-trude in that
territory. By il, theeuurtsof the province of Up
per Canada were empowered to take cognizance of
causes civil and criminal. Justices of tiie peace
and other judicial officers were authorized to be
appointed in Oregon, with power to execute all pro
cess issuing from the courts of that province, und
to "sit and hold courts of record for the trial of
criminal offences and misdemeanors,’' not made
the subject of capital punishment, and also of civil
cases, where the cause of action shall not "exceed
in value the amount or sum of two hundred pounds.”
Subsequent to the date of thia act of Parliament,
a $nh
Intt waa made from the "British crown" to tht
ilorjr, subject
a reservation the? It shitl not operate to iho exoln
•ion 'of the aubjeeta ofjwy fereiga State* who, un-
der or by ibroa of any convention for the time be.
log, between at end such foreign Stetee respective,
ly, may be entitled to, and ehall be engaged in, tlie
•aid trade."
It ia much to be regretted, that, while under this set.
British subjects have enjoyed Ihe protection of British
laws and British judicial tribunals throughout the whole
of Oregon. American citizens, in tlio asms territory, havo
enjoyed no such protection from t heir gnvornment. At
the same lime, the resulti lluslrstes the character of our
people and their institutions. In spile of this neglect,
they have multiplied, and their number is rapidly in'
creasing in that territory. They have made no appeal
to arms, but have peacefully fortified themselves in
their new homes, by the adoption of republictn institu
tions for themselves; furnishing another example of
the truth that self-government is inherent in the Amer
ican breast, and must prevail It is due lo them that
they should be embraced and protected by our laws.
Il ia deemed important that our laws regulating trade
and intercourse with the Indian tribes east of the
Rocky mountains, should be extended to eucli tribes as
dwell beyond them.
The increasing emigration to Oregon, and tlie care
and protection which ia due from tlio government to
its citizens in that distant region, make it our duty, as
it is our interest, lo cultivate amicable relations with
the Indian tribes of that territory. For this purpose,
I recommend that provision be made for establishing an
Indian agoncy, and such sub-agencies as may be deem-
ed necessary, beyond the Rocky mountains.
For the protection of emigrants whilst on their way
to Oregon,against the attacks of the Indian tribes oc
cupying the country through which they pass, I recom
mend that a suitable number of stockades and block
house forts be erected along the usual route between
our frontier settlements on the Missouri and Ihe Rocky
mountains; and that an adequate furco of mounted ri
flemen be raised to guard and protect them on their
journey. The immediate adoption of these recom
mendations by Congress will not violate the provisions
uf the existing treaty. It will bo doing nothing more
for American citizens than British laws have long since
done for Biitish subjects in the same territory.
It requires several months to perform the voyage by
sea from the Atlantic States to Oregon ; and although
we have a large number of whale ships in the Pacific,
tut few of them afford an opportunity of interchanging
intelligence, without great delay, between our settle
ments in that distant region and the United States
An overland mail ia believed lo be entirely practicable ;
and the importance of establishing such a mail, at least
once a month,is submitted to the favorable considers,
tion of Congress.
It is submitted to the wisdom of Congress to deter,
mine whether, at their present session, and until after
the expiration of the year’s notice, any other measures
may be adopted, consistently with the convention of
1827, for the security of our rights, and the govern
ment and protection of our citizens in Oregon. That
it will ultimately he wise and proper lo make liberul
grants of land to the patriotic pioneers, who, amidst
privations and dangers, lead the way through savage
tribes inhabiting the vaBt wilderness intervening be.
tween our frontier Battlements and Oregon, and” who
cultivate, and aro ever ready to defend the soil, I am
fully satisfied. To doubt whether they will obtain
su'-h grants as soon aa the convention between the
United States and Great Britain Bltall have ceased to
exist, would bo to doubt the justice of Congress ; but,
pending the year’s notice it ie worthy of consideration
whether a stipulation to this effect maybe made, con.
sistently with the spirit of that convention.
The recommendations which I have made, as to the
beat manner o! securing our rights in Oregon, are sub
mitted to Congress with great deference. Should they,
in their wisdom, devise any other mode better calcula.
ted to accomplish the same object, it shall meet with
my hearty concurrence.
At the end of tbe year’s notice, should Congress
think it proper to make provision for giving that notice,
we shall have reached a period when the national
rights in Oregon must either be abandoned or firmly
maintained. That they cannot be abandoned without
a sacrifice of both national honor and interest, is loo
clear to admit of doubt.
Oregon is a part of the North American continent,
to which it is confidently affirmed, tho title of tlio Uni
ted States is the best now in existence. Fur the
grounds on which that title rests, I refer you to the
correspondence of the late and present Secretary of
State with the British Plenipotentiary during the ne
gotiation. The British proposition of compromise,
which would make the Columbia the line south uf for.'
ty nine degrees, with a trifling addition of detached
territory to the United States, north of that river, and
would leave on the British side two-thirds of the whole
Oregon territory, including the free navigation of the
Columbia and all the valuable harborsjou the Pacific,
can never, for a moment, be entertained by the United
States, without an abandonment of their just and clear
territorial rights, their own self-respect,1 and the na
tional honor. For the information of Congress, I com
municate herewith the correspondence which luuk
place between the two governments during the late ne
gotiation.
The rapid extension of our'settlements over our ter
ritories heretofore unoccupied ; the addition of new
States lo our confederacy ; the expansion of free prin
ciples, and our rising greatness as a nation, are at-
trading the attention of tlie Powers of Europe; 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 States, sincerely desi
rious uf preserving relations of good understanding
with all nations, cannot in silence permit any European
interference on the North American continent; and
should any such interference be attempted, will be rea
dy to resist it at any and all hazards.
It ia well known to the American people and to all
nations, that this Government has never interfered
with the relations subsisting between other govern
ments. We have never made ourselves parties to their
wars or their alliances; VVe have not sought their
toiritories by conquest; we have not mingled with
parties in their domestic struggles; and believing our
own form of Government to be the best, we have never
attempted to propagate it by intrigues, by diplomacy,
or by force. We may claim on ibis continent a like
exemption fiom European interference. The nations
of America are equally sovereign and independent
with those of Europe. They possess the same rights,
independent of all foreign interposition, lo make war.
lo conclude peace, and to regulate their internal affairs.
The people of the United Slates cannot, therefore,
view With indifference 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 a.
mnng the d ffbrent sovereigns of Europe, lest any one of
them might become too pow erful fur the rest, has cans,
cd them anxiously to desire Ihe eslablishmeut of wliat
they term the “balance of power." It cannot be per.
muted to have any application on the North American
continent, and especially to tlio United States. Wo
must ever maintain the principle, that the people of
this continent alone have the right to decide their own
destiny. Should any portion of them, coiistitti'ingan
independent state, propose to unite themselves with our
confederacy, this will be a question for them and us to
determine, without any foreign interposition. We can
never consent that Eurupean powers ahall interfere lo
prevent such a union, because it might disturb the "ba|.
ance of power” which they may desire to maintain up
-- ,1: - continent. Nuar a quarter of a century ngo,
ThaFnrasj,, ooweaTTk!!^
•" June, I8u)
spplwrf to Mr. Jostles Story to Carry ifito effect is'
siaioomitlo by hitsbetweeh tho cabtsin
th. Pntorian ship Borwsia; hot ,h,2L£ <
previous Iegi.',£
SSaMtSMi:arvtsv*
govcrnmoM, through their mioistsr here havi
pismed of this violation of the trosty, ,„j , a , e
ittZ!*!*.'* United Statei’to adoplVet*
cesaary meaaureg to prevent similar i "V
it* ™ h J oPru **. i "-« ** to other natiors*
, lu 1 ruMBia, is wen as to nth***
.“I* » hom have similar treaty stipulsMnn.
that these should be faithfully observed 1 h.'v.T 1 "''
ed it proper, therefore, to lav the rubiect hef
greet, and lo recommend sucli leg slat ion , s °’'
>« ‘hese treaty obhg.' io"’* W
. By virtue of an arrangement betweST's
■eh government and that of the United St!?.. • S 2 IU
comber. 18»U, American vemelff -; nr ,, .l , * ,n
of April, 1832, have been admitted to entrv'inTff n nt *'
of Span*, including those of the BalearicML p P ° rU
islands, on payment of Ihe same tonnage duty
cent, per ton. a. though they had been
and this, w hether our vessels arrives in Sn.i. ,'
from the United States, or indir^;'^
country. When Congress, by the set of th?
of July, 1832, gave effect to this .rrsnge^'bS
the two governments, they confined the reductio! .r
tonnage duty merely to Spanish Vessel, "coming?,^
a port in Spam,” leaving the former di.crimin.KE
ty to remain against such vessel, coming from ac"
many other country, hi. manifestlyV, ju ,, a ,7'.*
wh.l.t American vessels, arriving in the port? ofaS
from other countries, pay no more duty Vh.„
vosseis. Spanish vessels arriving in the porta of fh. IT
ni.ed Statea from other countrie. should^ .,«££■
to heavy diacriminating tonnage duties. This n. n!i
ther equality nor reciprocity, and ia in violation of .u
arrangement concluded in December, 1831 betwE!
the two countries. The Spanish government C
made repeated and earnest remonstrance, against th’,
inequality, »"d the favorable attention of Congress hi.
hni>n fipvnrn 1 limou im*nl> n J s. .l . * • . ®
the discriminating dutiea which have been levied and!!
the act of the thirteenth of July, 1832, oi sp.ni.l vra!
sets coming to the United Slate, from any other fo-ekrn
country, be refunded. This recommendation doe.Tt
embrace Spanish vessels arriving in Hie United Statras
from Cuba and Porto Rico, which will still remain .uh
ject to the provisions of the act of June thirtieth 183i
concerning tonnage-duty on such veeeels. ’
By tho act of the fourteenth of July, 1832, coffee wu
exempted frqna duty altogether. This exemption >»
universal, without reference to the country where it
wsb produced, or Ihe national character of tlie vessel l»
which it was imported. By the tariffact of ihe thiiti
eth of August, 1842, this exemption from duty was re
stricted to coffee imported in American vessels from
•he place of its production ; whilst coffee imported un
der all other circumstances was subjected to adulv of
twenty per cent, ad valorem. Under this act, and onr
existing treaty with the King of the Netherlands, Jm
coffee imported from Ihe European ports of that kinir
dom into the United States, whether in Dutch or Amer
can vessels, now pays this rate of duly. The govern,
inent.of the| Netherlands complains that such a dis.
criminating duty should have been imposed on coffee
ihe production of one nf its colonies, and which is
chiefly brought from Java to the porta of that kingdom
and exported from thence to foreign countries. Our
trade with the Netherlands is highly beneficial to both
countries, and our relations with them have ever been
of Ihe most friendly character. Under all the circum.
stances of the case, I recommend that this discrimins. ■
tion should be abolished, and that the coffee of Java .I
imported from the Netherlands be placed upon the tarn#
footing with that imported directly from Brazil andolh.
er countries where it is produced:
Under the eighth section of the tariffact of the tbir-
tietli of August, 1842, a duty of fifteen cents pergallw
was imposed on Port wine in casks; while, on tho red
wines of several other countries, when imported in j
of only six cents per gallon was imposed, j
I Ins discrimination so far as regarded tho Port wine f
of Portugal,was deemed a violation ofour treaty with
il a Power which provides, that "No higher or other du.
ties shall be imposed on the importation into the Unit. ’
ed States of America of any article the growth, produce,
or manufacture of the kingdom and possessions of Por-
tuga . than such as are or shall be payable on the like i
.article being the growth, produce, or manufacture of I
, = . v, * i''uuu,c, ui luanuiucvure oi
any other foreign country.” Accordingly, to give rf-
fed to Ihe treaty, as well as to the intention of Con-
the principle was distinctly announced to the world in
the annual message of one of my predecessors, that
"the American continents, by the free and independent
condition which they have assumed and maintain aro
henceforth not to be considered as subjects lor future
colonization by any European Power.” Tina principle
will apply with greatly increased force, should any Eu
ropean power attempt to establish any new colony in
North America. In the existing circumstances of the
world, thu present is deemed a proper occasion to reil-
crate and reaffirm the principle avowed by Mr. Monroe,
and to elate my cordial concurrence in its wisdom and
sound policy. The reaasertion of thia principle, espe
cially in reference to North America, is at this day but
die promulgation of a policy which no European power
should cherish tho disposition to rc-ist. Existing
rights of every Europesu nation should be respected ;
but it is due alike to our safety and our interests, that
the efficient protection of our law* should be extended
over our whole territorial limits, and that it should be
distinctly announced to tho world as our settled policy,
that no future European colony nr dominion shall, with
our content, be planted or established on any part of
the North American continent.
A question lite recently arisen under the tenth art i.
cl®, off the subsisting treaty between Iho Uuiled Stales
and Prussia. By this article, the consuls of the two
countries have the right to sit as judges and arbitrators
“in such differences as may arise between the captaius
and crews of ilia vessels belonging to tbe nation wliuse
interest* art committed to tbeir charge, without the
interference of the local authorities, unless tbe conduct
of iho crows or of the captain tbould disturb tbe order
or tranquility of the country; or tlie said consuls tbould
roquira theirMsietauco to came their dec is iwie 10 bo
carried mtogffcst or supported." v
w * .Mv iiitotitiiuii v/UII#
gress, expressed in a proviso to the tariffact itself, tbit
nothing therein contained should be so construed as to
interfere witii subsisting treaties with foreign nations
a treasury circular was issued on the sixteenth of July,
1844, which among other things, declared tbe duly on
the Port wine of Portugal, in casks, under tlie existing
Jaws and treaty, to be six cents per gallon, and directed
that the excess oj duties which had been collected on
such wine should be refunded. By virtue ofanotbsr
clause in the same section of the act, it is provided that
all imitations ofl’ort or any other wines, "shall be sub-
ject to the duty provided for the genuine article." In.
itations of Port wine, the production of France, arc im
ported to some extent into tlio United Slates ; and lbs
government of that country now claims that, nailers
correct construction of the act, these imitations aught
not to pay a higher duly than that imposed upon tlieori-
ginul Port tvine of Portugal. It appears to me to bs
unequal and unjust, that French imitations 4 Pert j
wine should be subiecled to a duly of fifteen cents
while the more valuable article from Portugal should 1
pay a duty of six cents only per gallon. I tnerefore re
commend to Congress such legislation as may be ne
cessary to correct the inequality.
The late President, in ins annual message of De- ,
cctnber last, lecommended an appropriation to satisfy 1
tbe claims of the Texian Government against the Uni
ted Elates, winch had been previously adjusted, soft! 1
as the powers of the Executive extend. These rlaitiM i
arose out of the act of disarming a body nf Tcjim ,]
troops under the command of Muj. Snively, by aa efi.
cer in the service of the United Elates, acting under
the orders of our government ; and the forcible entry
into the custom-house at Bryarly's landing, on Redriv-
or. by certain citizens of the United States, and Uking
away therefrom the goods seized bytlie collector ofths
customs as forfeited u der the laws of Texas, This
was a liquidated debr, ascertained lo be due lo Texai
when un independent state. Her acceptance of ill*
terms of annexation proposed by the Uuiled Slates doss
not discharge or invalidate the claim. I tecoamond
that provision be made for its payment.
The commissioner appointed to China during th#
special" session of the Senate in Maro'i ln«l shnrllyaf-
erwards set out ou his mission in the IJinied Slates
*hip Columbus. On arriving at Rio de Janeiro on bil
lassage, the state of his health had become eo critical,
hat bv the advice of his medical attendants, bereturtf
d to the United Stales early in the mouth of OctobW
ast. Commodore Biddle, commanding the East India
-qaudron, proceeded on his voyage in tlie Columbus,'sad
vas charged by the cnintnisaioncr with the duly of ez-
hanging with the proper authorities the ratifications
•f the treaty lately concluded with the Emperor of
'll ilia. Since the return of the comniisaiuiirr to tbs
United Stales, his health has been much implored,
ind he entertains the confident belief dial he will sous
I oc able to proceed on Ills m ; esinn.
Unfortunately, differences continue In exist imong
some of the nations of South Amorioa, which, tollon'iiif
iur example, liBve established their indcpcndenrc,
while in others internal dissensions prevail. It is**-
(urai that our sympathies should bu warmly enlirtcd
fur their welfare; that wo should desire that all con
troversies between them should be amicably adjusted,
and their governments administered ill a manner tf
. . ......
j£
and ineir governments Ruuiiuisiercu m n »»
protect tho rights, and promoto the prosperity nf thetf
........i.. i. .matm,. Imivava, i.. peitjod policy,
people. Il is contrary, however, to our solllud policy,
to interfere in their controversies, whether cxternil <*
eternal. ,
thus adverted lo all the subjects conncs'f®
I iiave ulus Huvvrieu iu an uic suojecis twnwr-
Witli our foreign relations, lo which I deem ilnecesssr]
.. i, ...... -.. —— n ...i.... .... ...i-
Willi our ioreigu reiauuu*, 10 which ■ ueeoi JIM.
lo call your aiientioo. Our policy is lint only p****
with all, but good will towards all the Powers #f"4
— L While we are just to all, we require that *>*
earih. While we are just to all, we require that
shall be just to ua. Excepting tlio differences *ijk
Mexico and Great Brilam, our relations with all civils
zed nations are of (lie mo.t satisfactory character. »
is hoped lhal in this enlightened age, these different**
may be amicably adjusted.
ijr uc aiututuij uojuaivu,
The Secretary of ihe Treasury, in his annual rrpol
Congress will cominunicaie a lull •lutemcnt of lu
condition of our finance*. The import* for ihe &»«(
-* # * • * of in
OUIIUIUUII Ul UBI Ulisasiwwp. a ..s.pw. »•» >V.
year ending on the thirteenth of Juno 1**1, wore oftn
value of one hundred and seventeen million# two bw
dred and fifty-four thousand five hundred and
... . • i - a. .. . ...I ..... fill**
urea aim iuiy*iuur tuuumiiu **»o *
lour dollar*, of which the amount exported w»» fin*!
millions three hundred n d forty-six thousand f'rj
millions three Lumtrett n il torty-six inousw
hundred and thirty dollar*-•leaving a balance of**
hundred and one million* n.ne hundred and *evcn tb**
sand aeven hundred and ilnrty.lour dollars fur domastn
■«uuwn;ii wuurcu ....... —
consumption. Th* exports tor the same year were t
the value *f an* hundred aed louiteeu milliou* •'* ||UI *
dred and forty eixtboueeiid eie liuudredendei* dollar*
of which, tbe amount uf domostie article* we*
nine million* two hundred and nmeiy-uine tht
■even hundred end eeventysix dollars. ThoiW-
into the treasury during seme jte»r wcio IWHT* 1