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Congress of the United States. From the yational Intelligencer, Extra , Dec. 5. At 12 o’clock this day, the President of the Uni ted States transmitted to both Houses of Con gress, bjr Mr. S. L. Gouverneur, the following MESSAGE : Fellow Citizens of the Senate, and of the House of Representative* : The progress of our affairs since the last session has been such as may justly be claimed and expected, under a government deriving all its powers from an enlightened people, and under laws formed by their representatives, on great consideration, for the sole purpose of promoting the welfare and happiness of their constituents. In the execution of those laws, and of the powers vested by the constitution in the Executive, unremitted attention has been paid to the great objects to which they extend. In the concerns which are exclusively internal, there is good cause to be satisfied with the result. The laws have had their due ope ration and effect. In those relating to for eign powers, lam happy to state, that peace and amity are preserved with all, by a strict observance on both sides, of the rights of each. In matters touching our ■ commercial intercourse, where a difference of opinion has existed, in any case, as to the conditions on which it should be placed, each party has pursued its own policy, without giving just cause of offence to the other- In this annual communication, es pecially when it is addressed to anew Con gress, the whole scope of oar political con cerns naturally comes into view ; thater rours, if such have been committed, may be corrected, that defects, which have become manifest, may be remedied; and on the other hand, that measures which were adopted on due deliberation, and which ex perience has shown are just in themselves, essential to the publick welfare, should be persevered in and supported. In perform ing this necessary and very important duty, ‘■ 1 shall endeavour to place before you, on 1 * its merits, every subject that is thought to i be entitled to your particular attention, in 1 as distinct and clear a light as I may be able. ‘ By an act ot’the 3d of March, 1815, so much of the several acts as imposed higher duties on the tonnage of foreign vessels, and on the manufactures and productions of for eign nations, when imported into the United States in foreign vessels, than when import ed in vessels of the United States, were re pealed, so far as respected the manufac tures and productions of the nation to which such vessels belonged, on the condition, that the repeal should take effect only in favour of any foreign nation, when the Ex ecutive shoulJ be satisfied that such dis criminating duties, to the disadvantage of the United States, had likewise been re pealed by such nation. By this act a pro position was made to all nations to place our commerce with each on a basis, which, it was presumed, would be acceptable to all. Every nation was allowed to bring its manufactures and productions into our ports, and to take the manufactures and productions of the United States back to their ports, in their own vessels, on the game conditions that they might be trans ported in vessels of the U. States ; and, in return, it was required that a like accom modation should be granted to the vessels of the in the ports of other powers. The articles to be admitted, or prohibited, on eiiher side, formed no part of the proposed arrangement. Each party would retain the right to admit or prohibit such articles from the other, as it thought proper, and on its own conditions. When the nature of the commerce be- 1 tween the United States and every other . country was taken into view, it was thought that this proposition would be considered fair, and even liberal, by every power. The exports of the United States consist generally of articles of the first necessity, and of rude materials in demand for foreign manufactories, of great bulk, requiring for their transportation many vessels, the re turn for which, in the manufactures and productions of any foreign country, even when disposed of there to advantage, may be brought in a single vessel. This obser vation is more especially applicable to those countries from which manufactures alone are imported, but it applies, in a great ex tent, to the European dominions of every European power and, in a certian extent, to all the colonies of those powers. By placing, then, the navigation precisely on the same ground, in the transportation of exports and imports, between the United States and other countries, it was presum ed that all was offered which could be de sired. It seemed to be the only proposi tion which could be devised, which would retain even the semblance of equality in our favour. Many considerations of great weight gave us a right to expect that this com merce should be extended to the colonies, as well as to the European dominions, of other powers. With tbe latter, especially with countries exclusively manufacturing, the advantage was manifestly on their side. An indemnity for ,that loss was expected from a trade with the colonies, and, with the greater reason, as it was known that the supplies which the colonies derived from us were of the highest importance to them, their labour being bestowed with so much greater profit in the culture of other articles; and because, likewise, the articles of which those supplies consisted, forming bo large a proportion of the exports of the United States, were never admitted into any of the port* of Europe except in cases of great emergency, to avert a serious ca lamity. Wben no article is admitted which is not required to supply the wants of the party admitting it, and admitted then, not in favour of any particular country, to the disadvantage of others, but on conditions equally applicable to all, it seems just that the articles thus admitted and invited should be carried thither in the vessels of the country affording such supply, and that the reciprocity should be found in a correspond ing accommodation on the other side. By allowing each party to participate in the transportation of such supplies, on the pay ment of equal tonnage, a strong proof was afforded of an accommodating spirit. To abandon to it the transportation of the whole would be a sactilice which ought not to be expected. The demand, in the present instance, would be the more un reasonable, in consideration of the inequali ty existing in the trade with the parent country. Such was the basis of our system, as es tablished by the act of 1815, and such its true character. In the year in which this act was passed, a treaty was concluded with Great Britian, in strict conformity with its principles, in regard to her Euro pean dominions. To her colonies, how ever, in the West Indies and on this conti nent, it was not extended, the British gov ernment claiming the exclusive supply of those colonies, and from our own ports, and of the productions of the colonies in return, in her own vessels. To this claim the United States, could not assent, and, in con sequence, each party suspended the inter course in the vessels of the other, by a pro hibition, which still exists. The same conditions were offered to France, but not accepted. Her Govern ment has demanded other conditions, more favourable to her navigation, and which should also give extraordinary encourage ment to her manufactures and productions, in the ports of the United States. To these it was thought improper to accede, and, in consequence, the restrictive regu lations, which had been adopted on her part being countervailed on the part of the United States, the direct commerce, be tween the two countries in the vessels of each party, has been in a great measure suspended. It is much to be regretted, that, although a negotiation has been long pending, such is the diversity of views en tertained, on the various points, which have been brought into discussion, that there does not appear to be any reasonable pros pect ofits early conclusion. It is my duty to state, as a cause of very great regret, that very serious differences have occurred, in this negotiation, respect ing the construction of the Bth article of the Treaty of 1803, whereby Louisiana was ceded to the United States, and likewise respecting the seizure of the Apollo, in 1820, for a violation of our revenue laws. The claim of the Government of France has excited not less surprise than concern, because there does not appear to be a just foundation for if, in either instance. By the Bth article of the Treaty referred to, it is stipulated that, after the expiration of twelve years, during which it was provid ed, by the preceding or 7th article, that the vessels of France and Spain should be ad mitted into the ports of the ceded Teritory, without paying higher duties on merchan dise, or tonnage on the vessels, than such as were paid by citizens of the United States, the ships of France should forever afterwards be placed on the footing of the most favoured nation. By the obvious construction of this article, it is presumed that it was intended, that no favour should be granted to any power, in those ports, to which France should not be forthwith entitled ; nor should any accommodation be allowed, to another power, on conditions to which she would not, also, be entitled upon the same conditions. Under this con struction, no favour, or accommodation, could be granted, to any power, to the pre judice of France. By allowing the equiva lent, allowed by those powers, she would always stand, in those ports, on the fooling of the most favoured nation. But if this article should be so construed, as that France should enjoy, of right, and without paying the equivalent, all the advantages of such conditions, as might be allowed to other powers, in return for important con cessions made by them, then the whole character of the stipulation would be chang ed. She would not be placed on the foot ing of the most favoured nation, but on a footing held by no other nation. She would enjoy all the advantages allowed to them in consideration of like advantages al lowed to us, free from every, and any, condition whatever. As little cause has the Government of France to complain of the seizure of the Apollo, and the removal of other vessels, from the waters of the St. Mary’s. It will not be denied, that every nation has a right to regulate its commercial system, as it thinks fit, and to enforce (he collection of its revenue, provided it be, done, without an invasion of the rights of other powers. The violation of its reveuue laws is an of fence, which all nations punish;—the pun ishment of which, gives no just cause of complaint, to the power to which the of fenders belong, provided it be extended to all equally. In this case, every circum stance which occurred, indicated a fixed purpose to violate our revenue laws. Had the party intended to have pursued a fair trade, he would have entered our ports, and paid the duties; or had he intended to have carried on a legitimate circuitous com merce, with the United States, he would have entered the port of some other pow er, landed his goods at the custom house according to law, and reshipped and sent them in the vessel of such power, or of some other power which might lawfully bring them, free from such duties, to a port ofthe United Stabs- Bui the conduct of the party in this C*P® was altogether differ ent. He enteredthe river St. Mary’a, the boundary between the United States and Florida, and took i* B position on the Span ish side, on which in the whole extent of the river, thgre vas no town, no port, nor custom house, aid scarcely any settlement. His purpose, therefore, was not to sell his goods to the infxhitnnts of Florida, but to citizens of the fJnited States, in exchange for their productions, which could not be done without a direct and palpable breach of our laws. It is known that a regular systematick plan had been formed by cer tain other persons for the violation of our revenue system, which made it the more necessary to check the proceeding in its commencement. > That the unsettled bank of a river so re - mote from the Spanish garrisons and popu • laiim could give no protection to any party, l in (uch a practice, is believed to be in strict accord with the law of nations. It would • not have comported with a friendly policy, i ii Spain herself, lo have established a cus i lorn house there, since it could have eub- I served no other purpose, than to elude our ’ revenue laws. But the government of • Spain did not adopt that measure. On the • contrary, it is understood that the Captain • General of Cuba, to whom an application ■ to that effect was madp, by these adventu f rers, had not acceded to it. The condition I of those proviices for many years before , they were ced<d to the United States, need not, now, be dwelt 00. Inhabited by dis ■ ferent tribes of Indians, and an inroad for every kiud of a(venturers,the jurisdiction of Spain may be iid to have been almost ex clusively contiuad to her garrisons. It cer , tainly could not extend to places where sbe had no authority. The rules, therefore, applicable to settled countries, governed by laws, could not be deemed so to the des erts of Florida, and to the occurrences there. It merits attention, also, that the Territory had been ceded to the United States by a treaty, the ratification of which had not been refused, and which has since been performed. Under such circumstan ces, therefore, Spain became less responsi ble for such acts committed there, and the United States more at liberty lo exercise authority, to prevent so great mischief.— The conduct of this Government has, in ev ery instance, been conciliatory and friendly to France. The construction of our reve nue law, in its application to the cases which have formed the ground of such se rious complaint on her part, and the order j to the collector of St. Mary’s, in accord I with it, were given two years before these | cases occurred, and in reference to a breach, j which was attempted by the subjects of an- j other power, its application, therefore, | to the cases in question, was inevitable. As i soon as the treaty, by which these provinc- • es were ceded to the United States, was | ratified, and all danger offurtber breach ofj our revenue laws ceased, an order was giv-; en for the release of (he vessel, which had been seized, and for the dismission of the | libel, which had been instituted against her.’ The principles of this system of reci procity, founded on the law of the 3d of March, 1815, have been since carried into effect, with the Kingdom of the Nether lands, Sweden, Prussia, and with Ham-j burg, Bremen, Lubeck, and Oldenburg,; with a provision made by subsequent laws, in regard to the Netherlands, Prussia, Ham- i burg, and Bremen, that such produce and ! manufactures, as could only be, or most ■ usually were, first shipped from the ports of j those countries, the same being imported in vessels, wholly belonging to their sub jects, should he considered and admitted as their own manufactures and productions. The government of Norway has, by an ordinance, opened the ports of that part ofj the dominions of the King of Sweden, to the vessels of the United States, upon the pay ment of no other or higher duties, than are paid by the Norwegian vessels, from what ever place arriving, and with whatever ar ticles laden. They have requested the re ciprocal allowance for the vessels of Nor way in the ports of the United States. As this privilege is not within the scope of the act of the 3d of March, 1815, and can only be granted by Congress; and as it may In volve the commercial relations of the Uni on with other nations, the subject is submit ted to the wisdom of Congress. I have presented thus fully to your view our commercial relations with other powers, that, seeing them in detail with each power, and knowing the basis on which they rest, Congress may in its wis dom decide, whether any change ought to be made, and, if any, in what respect. If this basis is unjust or unreasonable, surely it ought to be abandoned; but if it be just and reasonable, and any change in it will make concessions subversive of the princi ples of equality, and tending in its conse quences to sap the foundations of our pros perity, then the reasons are equally strong, for adhering to the ground already taken, and supporting it by such further regula tions as may appear to be proper, should any additional support be found necessary. The question concerning the construc tion of the first article of the treaty of Ghent, has been, by a joint act of the Repre sentatives of the United States, and of Great Rritain, at the court of St. Peters burg, submitted to the decision of his Im perial Majesty, the Emperour of Russia. The result of that submission has not yet been received. The Commissioners under the sth article of that treaty not having been able to agree upon their decision, their reports to the two Governments, con formably to the provisions of the treaty, may be expected at an qarly day. With Spain the treaty of February 22d, 1819, has been partly carried into execu tion. Possession of East and West Florida has been givdh to the United States, but the officers charged with that service, by an or der from his CatholiclrMnjesty, delivered by his Minister to the Secretary of Stnte, and transmitted by a special agent to the Capt. Gen. of Cuba, to whom it was direc ted, and in whom the government of those provinces was vested, Imve not only omit ted, in contravention of the orders ot their sovereign, the performance of the express stipulation, to deliver over the archives and documents relating to the property and sov ereignty of those provinces, all of which it j was expected would have been delivered,! either before or when the troops were withdrawn, but defeated, since, every ef fort of the United States (o obtain them, es pecially those of the greatest importance. This omission has given rise to several in cidents of a painful nature, the character of which will be fully disclosed, by the docu ments which will hereafter be communi cated. In every other circumstance the law of the 3d of March last, for carrying into effect that treaty has been duly attended to. For the execution of that part which preserved in force, for the government of the inhabi tants, for the term specified, all the civil, military, and judicial powers, exercised by the existing government of those provinces, an adequate number of officers, as was pre sumed, were appointed, and ordered to their respective stations. Both provinces were formed into one territory, and a gov ernonr appointed for it, but, in considera tion of the pre-existing division, and of the distance and difficulty of communication be tween Pensacola, the residence of the Gov ernour of West Florida, and St. Augustine, (hat Governour of East Florida, at which places, the inconsiderable population of each province was principally collected, two Secretaries were appointed, one to re side at Pensacola, and the other at St. Au gustine. Due attention was likewise paid to the execution of the laws of the United States relating to the revenue, and the slave trade, which were extended to these prov inces. The whole territory was divided into three collection districts, that part ly ing between the river St. Mary’s and Cape Florida, forming one, that from the Cape to the Apalachicola, another, and that from the Apalachicola to the Perdido, the third. To these districts, the usual number of rev enue officers were appointed, and, to secure the due operation of these laws, ODe judge and one district attorney were appointed, to reside at Pensacola, and likewise one judge and a district attorney to reside at Augus tine, with a specified boundary between j them : and one marshal for the whole, with | authority to appoint a deputy. In carrying | this law into effect, and especially that part I relating to the powers of the existing gov j ernraent of those provinces, it was thought important, in consideration of the short : term for which it was to operate, and the radical change which would be made at the approaching Congress, to avoid expense, : to make no appointment which should not jbe absolutely necessary to give effect to those powers, to withdraw none of our citi zens from other pursuits, whereby to sub ject the government to claims which could not be gratified, and the parties to losses, which it would be painful to witness. It has been seen, with much concern, that, in the performance of these duties, a collision arose beetween the Governour of the territory, and the Judge appointed for the western district. It was presumed, that the law under which this transitory govern ment was organized, and the commissions which were granted to the officers who were appointed to execute each branch of the system, and to which the commissions were adapted, would have been understood in the same sense, by them, in which they were understood by the Executive. Much allowance is due to officers employed in each branch of this system, and the more so, as there is good cause to believe that each acted under a coviction that he possessed the power which he undertook to exercise. Os the officer, holding the principal station, I think it proper to observe that he accept ed it with reluctance, in compliance with the invitation given him, aDd from a high sense of duty to his country, being willing to contribute to the consummation of an event, which would ensure complete pro tection to an important part of our Union, which had suffered much from incursion and invasion, and to the defence of which his very gallant and patriotick services had been so signally and usefully devoted. From the intriiisick difficulty of execu ting laws deriving their origin from differ ent sources, and so essentially different in many important circumstances, the advan tage, and, indeed, the necessity, of estab lishing, as soon as may be practicable, a well organized government over that terri tory, on the principles of our system, is ap parent. This subject, therefore, is recom mended to the early consideration of Con gress. In compliance with an injunction of the law of the 3d of March last, three Commis sioners have also been appointed, and a board organized, for carrying into effect the eleventh article of the Treaty above recited, making provision for the payment of such of our citizens, as have well found ed claims on Spain, of the character speci fied by that Treaty. This board has enter ed on its duties, and made some progress therein. The Commissioner and Survey or of bis Catholick Majesty, provided for by the fourth article of the Treaty, have not yet arrived in the United States, but are soon expected. As soon as they do arrive, corresponding appointments will be made, and every facility be afforded for tbe due execution of this service- The Government of His Most Faithful Majesty, since the termination of the last session of Congress, has been removed from Rip Janeiro to Lisbon, where a rev olution, similar to that which had occurred in the neighbouring kingdom of Spain, had in like manner been sanctioned by the ac cepted an\ i#eigfyiVarlh ol*tJie* reigning Monnrch. ‘t'he diplomatick intercourse be tween the United States and the Portugueqp dominions, interrupted by that important event, has not yet been resumed, but the change of internal administration, having already materially affected the commercial intercourse of the United States with the Portuguese dominions, the renewal of the publick missions between'the two countries appears to be adviseable at an early day. I It is understo'that the colonies in Soulh | America have had great success duriug the j present year, in the struggle for their inde j pendence. The new government of Co lombia has extended its territories and con siderably augmented its strength, and at Buenos Ayres, where civil disserition had, for some lime before, prevailed, greater harmony, and better order, appear to have been established. Equal success has at tended their efforts in the provinces on the Pacifiek. It has long been manifest that it would be impossible for Spain to reduce these colonies, by force, and equally so, that no conditions, short of their Indepen dence would be satisfactory to them. It* may therefore be presumed, and it is ear-■ neatly hoped,that the government of Spain, guided by enlightened and liberal counsels, will find it to comport with its interests, and due to its magnanimity, to terminate this exhausting controversy on that basis. To promote this result, by friendly counsel, with the government of Spain, will be the object of the government of the United States. In conducting the fiscal operations of the year it has been found necessary to Carry into full effect the act of the last session of Congress, authorizing a loan of five millions of dollars. This sum has been raised on an average premium of five dollars fifty nine hundredths per cent. upon stock bear ing interest at the rate of five per cent, per ann. redeemable at the option of the gov ernment after the first day of Jan. 1835.) There has been issued under the pro visions of this act four millions seven hun dred and thirty-five thousand two hun dred and ninety-six dollars thirty cents, of 5 per cent, stock ; and there has been, or will be, redeemed during the year, three mil lions one hundred and ninety-seven thou sand thirty dollars seventy-one cents of Louisiana six per cent, deferred stock, and Mississippi stock. There has, therefore, been an actual increase of the publick debt, contracted during the year, of ODe million five hundred and thirty-eight thousand two hundred & sixty-six dollars sixty-Dine cents. The receipts into the treasury from the Ist of January to the 30th of September last, have amounted to sixteen millions two hundred and nineteen thousand one hun dred and ninety-seven dollars seventy cents, which, with the balance of one million one hundred and ninety-eight thousand four hundred and sixty-one dollars twenty-one cents in the treasury on the former day, made the aggregate sum of seventeen mil lions four hundred and seventeen thousand six hundred and fifty-eight dollars and nine ty-one cents. The payments from the treasury during the same period have amounted to fifteen millions six hundred and fifty-five thousand two hundred and eighty-eight dollars forty seven cents, leaving in the treasury on the last mentioned day, the sum of one million seven hundred and sixty-two thousand three hundred and seventy dollarsforty-four cents. It is estimated that the receipts of the fourth quarter of the year willexceed the demands which will be made on the treasury, during the same period, and that the amount in the treasury, on the 30th of September last will be increased on the first day of Janua ry next. At the close of the last session it was an ticipated that the progressive diminution of the publidt revenue in 1819 and 1820, which had been the result of the languid state of our foreign commerce in thdtoi years, had, in the latter year, reached its extreme point of depression. It has, how ever, been ascertained that the point was reached only at the termination of the first quarter of the present year. From that time until the 30ih of September last, the duties secured have exceeded those of the corresponding quarters of the last year, one million one hundred and sevenly-two thou sand dollars ; whilst the amount of deben tures, issued during the three first quarters of this year, is nine hundred and fifty-tw o thousand dollars less than that of the same quarters of the last year. There are just grounds to believe that the improvement which has occurred in the revenue, during the last mentioned period, will not only be maintained, but that it will progressively increase through the ne/J and several succeeding years, so as to real ize the results which were presented upon that subject by the official reports of the Treasury, at the commencement of the last session of Congress. Uoder the influence of the most unfavour able circumstances, the revenue for (he next and subsequent years,to the year 1825, will exceed the demands at present author ized by law. It may fairly be presumed, that under the protection given todomestick manufac tures, by the existing laws, we shall be come at no distant period a manufacturing country, on an extensive gcale. Possess ing as we do, the raw materials, in such vast amount, with a capacity to augment them to an indefinite extent; raising within the country aliment of every kind,to an amount far exceeding the demand for home con sumption, even in the most unfavourable years, and to be obtained always at a very moderate price ; skilled also, ns our people are in the mechanick arts, and in every im provement calculated to lessen the demand for, and the price of labour, it is manifest that their success, in every branch of ilo inestick industry, may, and will be carried, under the encouragement given by the pres?