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THE ATLANTA WEEKLY EXAMINER.
WTH T*» VC T.~y C7T TT C7TTT. ATT ODJ OF" THIES EXAMIIVER, 12000 O O IEJ ftS !
JOHN H. STERLZ. 1
CHAS. L. BARBOUR. (
VOLUME 11.
THE WEEKLY
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Legal Advertisement*
Sales of Land and Negroes, by Administra
tors, Executors or Gurdians, are required by law
to be held on the First Tuesday in the month
between the hours of 10 in the forenoon and
in the afternoon, at the Court House in th*
County in which the property is situated.
Notices of these sales must be given in a pub
ic gazette 40 days previous to the day of sale.
Notices for the sale of personal property must
be given in ake manner 10 days previous to sale
day.
Notices to the debtors and creditors at an es
tate mus» also be published 40 days.
Notice that application will be made to thi
Court of Ordinary, for leave to sell Land or Ne
groes, must he oublished for two months.
Citations for letters of Administration, Guar
dianship dec., must be published 30 days—for dis
mission from Administration, monthly eix month.'
—for dismission from Guardianship, 40 days.
Rules-for foreclosure of Mortgages must b<
published monthly for four months —-for establish
ing lost papers, for the full space oi three month,
—for compelling titles from Executors or Admin
istrators, where bond has b ren given by the de
ceased, the full space of three months.
Publications will always be continued accord
ing to these, the legal requirements, unless other
wise ordered, at the following
Rates:
Citations on letters of Administration Ac. $2 75
do do dismissory from Adminis
tration, J
Citation on dismissory from Guardianship, 3 Oi
Leave to sell Land or Negroes,
Notice to debtors and creditors. 3 0<
B iles <>f personal property, ton days, I square I 50
Bales of land or negroes by Executors, Ac. 5 0<
Betrays, two weeks, 8 *’
Fur a matt advertising his wife, (in advance,) 5 00
Letters on business must be (poet paid) to ea
. title them to attention.
) THURSDAY, JANUARY 10. 185«.
) Death of Hon. j. M. Berntn.
1 The telegraphic item which we published
Y announcing the death of the distinguished gen
-Ntlemnn whose name heads this notice, took this
Cbnmmmiity by surprise. It was with more tha
ordinary anxiety that we looked for our Savun
naU> exchanges siuce tire receipt of the sad in
tellgenee; but, up to this time, none hav<
reaiwd our offl.m. The ouly notice of it whicl
we lidjke seen is, that in the Charleston Couriei
of the|.2d iust., and as a just tribute to th
memorip of the doevosed we invite the attention
of out ra.iders to t.
From the Charleston Courier
Death of Judge Berrien.
Our telegraphic column records the death o!
John McPherson Berrien, a survivor of ’b<
first school of distinguished statesmen in ow
sister State ol Georgia, and a citizen no less es
teemed and exemplary for the nobler but to.
oft neglected qualities of heart, than for abili
ties and station. After assiduously courting
and winning the highest local honors of the la
borious and exacting profession of the law, ano
devoting his ripening talents to public servio
in various ways, Mr. B rrien was elected tothi
U. S. Senate, and presided over its Judiciary
Committee in the term of 1827-9. On th'
first installation of Andrew Jackson, in Marcl
1829. Mr. Berrien was selected and cjuffemed
as Attorney General, to succeed Wm. Wirt;
and it U a striking illustration end confirms
lion, both of professional and personal merit
and worth, that this selection—notwithstanding
the embittered animosities of parties, and thi
exact ug examinations consequently given t<
all the cabinet nominees—was received with
general and hearty approval.
The deceased served his State ably, nobly.
, and with honorable acceptance, in sundry trust.-
of worth and grave mponsibility, and all ex
hibited the biglier and ’better q ralities which a
South constituency appreciate and honor, when
found in such rare conjunction with superioi
talents.
Yee, full of years, and full of honors, the le
ceased has passed away from this, to life ever
Whatever may have been the asperi
ties of party—its changes, its triumphs, or its
dofoais—on which side soever John McPher
son Berrien was arrayed, he always command
ed tire respect of b» adversaries, and by hi
friends was esteemed a champion invincible.—
In the Senate of the United States he was look
-1 upon as a statesman of the first order, and
- ’lie of the most accomplished and eloquent o'
•is orators. As a jurist his reputation wa* as
extended as his fame as a senator, andalthougl
in his last days, he occupied a position in Geor
gia, as the acknowledged leader of a party, whiah
estranged him from many of his old politics!'
friends. w u feel assured there is not a solitary
Geogian, by birth or otherwise, who will not
with us exclaim: "a great man bath fallen in
hwri WtldelwsftoksfifißMQl
THE CHEAPEST POLITICAL AND NEWS PAPER IN THE SOUTH—A WEEKLY FIRESIDE COMPANION FOR ONLY ONE DOLLAR A YEAR, IN ADVANCE.
►PresidiTit’s Message.
Fellow-citizens of the Senate and
of the House of Representatives:
The constitution of the United States pro
vides that Congress shall assemble annually on
the first Monday in December, and it has been
usual for the President to make no communi
ation of a public character to the Senate and
House of Representatives until advised of their
readiness to receive it. I have deferred to this
usage until t’ e close of the first month of die
session, but iny convictions of duty will not
permit me longer to postpone the discharge of
the obligation enjoined by the constitution
upon tlie President • to give tlie Congress infor
mation of the state of tlie Union, and recom
mend to their consideration such measures as be
shall judge necessary and expedient.”
It is a matter of congratulation that he Re
puld c is tranquilly advancing in a career of
prosperity and p 'ace.
FOREIGN RELATIONS—-CENTRAL AMERICA.
Whilst rela’ions of amity continue to exist
between the Un ted Statrsaid all foreign pow
ers, with som • of them grave questions are
depending, which may require the considera
tion of Congress.
Os such quest ions, the most important is
that, which arose out of the negotiations with
Great Britian in reference to Central Amer-
ca.
By the convention concluded between the
two governments on the 19th of April, 1850.
both parties covenented, that •‘neither will
never” -occupy, or fortify, or colonise, or as
sume or exercise any dominion over, Nicaragua.
< 'osta Ric i, the mosquito coast, or any part of
Central America.”
It was the undoubted understanding of the
United States in making this treaty, that all
the present States of the former republic of
Central America, and the entire territory of
each, would thenceforth enjoy complete inde
pendence; and that both contracting parties
engaged equally, and to the same extent, fur.
the present, and for the future, that if e'ther
then hail any claim of right in Central Ameri
ca. such claim, and all occupation or authority
under it, were unreservedly relinquished by the
stipulations of the (Tonvention; and that no
dominion was thereafter to lie exercised or as
snmeil in any part of Central America,by Great
Brtian or the United States.
T.iie g 'vernment consented to this restriction
in regi rd lo a region of country .wherein we had
s|iec'fie ami peculiar interests, only upon the
eenviction that the like restrictions were in
the same sense obligatory on Great Britian.—
But for this understanding of the force and ef
fect of the Con vciri ins, it would never have
been concluded bv us.
So clear was this understanding on the part
nf tlie Unitid States, that in correspondence
contemporauei us with tlie ratification of the
convention, it was di tinctly expressed,-flirt the
mutual covenants of non occupation were not
intended to apply to the British establishment
at the Balize. This qualification is to be as
cribed to the fact, tliat, in virtue our treaties
Gr at Britian had obtained a concession
of the to cut mahogany or dye-woods at
Hie Balize, but with positive exclusion of all
domain or sovereignty; and thus It confirms
thenator*! construction and understood import
of the treaty as to all the rest of the region to
which the stipulation applied.
It, however, became apparent, at an early
■ lay after entering upon the discharge of my
present functions, that Great Britain s'ill con
tinued in the exercise or assertion of large
authority in all that part of Central America
commonly called the Musquito coast jind cov
ering the entire length of the State of Nicara
rua and a considerable part of Costa Riea:
ihat she "egarded the Balize as her absolute
domain, and wes gradually extending its limits
ut the expense of the State of Honiisras; anil
that she liad formerly colonized a considerabb
insular gronpe known as the Bay Islands, and
lielonging, of right, to that State.
All these acta or pretensions of Great Bri
tain, being contrary, to tlie rights of the States
of Central America, and to the manifest tenor
of her stipula'ions with the United States, a
nuderstood by this government, have been
made the subject of negotiation through the
American Miuist r in London. I transmii
herewith the instruction to him on the subject
and the eom*s|>ondence between him and th<
British Secretary for Foreign Affairs, by which
you will perceive that the two goverments dis
■er widely and irrerxineileably as to the con
(ruction of the convention, and its effects oi
Hieir respective relations to Central America
Great Britain so constructs the Conventi- n
.is to maintain unchanged ull her previous pre
t. ntions over the .Musquito coust. and in diff-r
--■nt parts of Central America. These preten
dons, as to the Mosquito coast, are founded on
he assumption of political relation bctweei
Great Britain and tlie reinnant of a tribe ot
Indians on that C'Mist. entered into ata tins
vlitn the whole country was a colonial posses
don of Spain. It cannot be successfully con
rover ted. that, by the public law of Kungs
ind America, no possible net of such Indians
or their predecinsors could confer on Great
Britain any political rights.
Great Britain does not allege the assent ol
Spain as the origin of ber claims on the Mos
quito coast. She has, ou tlie contrary, b}
ivjyiated and successive treaties, renounced ano
relinquished all pretentions of tier own, and
recogmzed the full sovereign rights of Spain
m the most unequivocal terms. Yet these
liratensions, so without solid foundation in tb<
begining, and thus repeatedly abjured, were, ai
a receut period, revived by Great Britain a
gainst the Central American States, the legiti
mate succeseore to all tlie ancient jurisdiction
of Spain in that region. They were first ap
pl ed to a defined part of the coa«t of Nicar
agua, afterwards to the whole of its Atlantic
eoast, and lastly to a part ot the coast of Costa
Rica; and they are now reasserted to this ex
•ent, notwithstanding engagements to the Uni
ted States. " .
Ou the eastern coast of Nicaragua and Costa
Rica, the interference of Great Britain, though
exerted at one time in the form of military
■ iccupation of the port of San Juan del Norte,
then in the peaceful possession of theappropri
ate authorities of the Central American States
is now presented by lier as the rightful exerrist
h>T a protectorship over the Mosquito tribe ol
Indians.
But the establishment at the Balize. now
reaching far beyond its treaty limits intn t)«
Honduras, and that of the Bay Islands . upper
taintng of right to the same State, are as dis
tinctly colonial governments as those of Jamai
ca or'Canada, and therefore contrary to tin
very lett ras well as the spirit of he Conven
Hou with the United States, as it was at the
time of ratification, aod now is, understood by
this government.
The interpretation which the British govern
ment, thus in assertion and act. persists in as
cribing to the Convention, entirely changes its
character. While it holds us to all obligations
it In a great measure n leases Great Britain
from those, which constituted tie consideration
of this government for entering into the Con
vention. It is impossible, in my judgment, for
the United States to acquiesce in such a con
struction of the respective relations of the two
governments to Central America.
To a renewed < all by this government upon
Great Britain, to afode by. and carry into e&ot.
ATT.ANTA, GEORGIA, THURSDAY MORNING, JANUARY 10, 1856.
its obvious import, by withdrawing from the
possession or colonization of portions of the
Central American States of Honduras, Nicara
gua, and Costa Rica, the British Government
has at length replied, affirming that the opera
tion of *he treaty is prospective only, and did
not require Great Britain to abandon or con
tract any possessions held by her in Central
America at the date of its conclusion.
This reply substitutes a partial issue, in the
place of the general one presented by the Uni
ted States. The British government passes
over the question of the Rights of Great Bri
tain, real or supposed, in Cen'ral America, and
assumes that she had such rights at the date of
the treaty, and that those rights comprehended
the protectorship of the Musquito Indians, the
extended jurisdiction and limits of the Balize,
and the colony of the Bay Islands, and there
upon proceeds by implication to infer, that, if
the stipulations of tlie trea’y be merely future
in effect, Great Britain may still continue to
hold the contested portions of Central Ameri
ca. The United States cannot admit either
the inference or the premises. We steadily de
ny, that, at the date.of the treaty, Great Britain
had any possessions there other than the limit
ed and pecul'ar establishment a. the Balize, and
maintain that, if she had any, they were surren
dered by the convention.
This government, recognizing the obligations
of the treaty, has of course, desired to see it ex
ecuted in good faith by both parties, and in the
discussion, therefore, has not looked to rights,
which we might assert, independently of the
treaty, in consideration of our geographical po
sition and of other circumstances, which create
for us relatione to the Central American States,
different from those of any government of Eu
rope.
The British-government, in its last communi
cation. although well knowing the views of the
United States, still declares that it sees no rea
son why a conciliatory spirit m»y not enable
the two governments to overcome all obstacles
to a satisfactory adjustmen' of the subject
Assured of the correctness of the construc
tion of the treaty constantly adhered to by this
government, and resolved to insist on the rights
of the United States, yet actuated also by the
same desire, whicli is avowed by the British
government, to remove all causes of serious
misunderstanding between two nations associa
ted by so many ties of interest and kindred, it
has appeared to me proper not to consider an
amicable solution of the controversy hopeless.
Tjiere is, however, reason to appi ehenci
that, with Great Britain in the actnal oc
cupation of the disputed territories, and
the treaty therefore practically null, so far
as regards our rights, this international
difficulty cannot long remain undetermin
ed, without involving in serious danger the
friendly relations, which it is the duty ns
well as the interest of both countries to
cherish and preserve It will afford me
sincere gratification, if future efforts shall
lesult in tie success, anticipated hereto
fore with more confidence than the aspect
of the case permits me now to entertain
RECRUITMENT.
One other .object of discussion be
tween the United States and Great Bri
tain has grown out of the attempt, which
the exigencies of the war in which she is
engaged with Russia induced her to make,
to draw recruits from the United States
It is the traditional and settled policy
of the United States to maintain imparti il
neutrality during the wars, which from
time to time occur among the great pow
ers of the world. Performing all the du
ties of n< ntrality towards the respective
belligerent states, we may reasonably ex
pect them not to interfere with our lawful
enjoyment of its benefiits. Notwithstand
ing the existence of such hostilities, oui
citizens retain the individual light to con
tinue all their accustomed pursuits by land
or by .ea. at home or abroad, subject only
to such restrictions in this relation, as
the laws of war, tbe usage of nations, or
special treaties, may impose ; and it is our
sovereign right that our territory and ju
risdiction shall not be invaded by either
of the belligerent parties, for the transil
<>f their armies, the operations of their
fleets, the levy of troops for their service,
ihe fitting out of ciuisers by or against
either, or any other act or incident of war.
And these undeniable rights of neutrality,
individual and national, the United States
will under no circumstances surrender.
In pursuance to this policy, the laws of
the United States do not forbid their citi
zens to sell to either of the belligerent
powers articles, contraband of wa>, or to
take munitions of war or soldiers on
boaid their private ships for transporta
tion : and although, in so doing, the indi
vidual citizen •■xposes his property or per
son to some of the hazards ot war. hi.
acts do not invoke any breach of national
neutrality, nor of themselv. s implica'e
the government. Thus, during the pro
gress of the present war in Europe, ou
citizens, without national responsibility
therefor, sold gunpowder and arms to all
buyers, regardless of tbe destination ol
tt ose articles. Our merchant men have
been, and still continue to he, largely em
ployed by Great Britain and by France
in transporting troops, provisions and mu
uitiona of war to tbe princ : pal seat of
military operations, and in bringing home
there sick and wounded soldiers ; but such
use of onr mercantile marine is not inter
dicted either by the inti national, or by
■ >ur municipal law, and therefore does not
eompromit our neutral relations with Rus
sia
But our municipal law, in accordance
with the law of nations, peremptorily for
bids, not only forei ners, but our own cit
izens, to fit out, within the limits
of the U rite I States, a vessel to
commit hostilities against any state with
which the United States are at peace, or
to increase the force of any armed vessel
intended for such hostilities against a
friendly state.
Whatever concerns may have been
felt by either of the belligerent powers
lest private armed cruisers, or other ves
sels, in the service ot one, might be fitted
out in the ports of this country to depre
date upon tbe property of the other, all
such foara have proved to bo utterly
groundlesa Our citizens have been with
held from any such act or purpose by good
faith and by napect for the law.
While the laws of the Union are thus
peremptory in their prohibition of the e
qniptment of belligerent cruisers in our
ports, they provide not l««e absolute ly that
no person shall, within the territory or
jurisdiction of the United States, enlist
or enter himaalf, or hire or retain another
fento 00 Mto6»r eater Wf*]
beyond the limits of the jurisdiction of
United States with intent to be enlisted
or entered, in the service of any foreign
state, either as a soldier, or as a marine
or seamen of any vessel-of- war, letter ol
marque, or privateer. And these enact
ments are also in strict conformity with
the law of nations, which declares that no
state has the right to rai-e troojft for land
or sea service in another state without its
consent, and tlat, whether forbidd n hv
the municipal law or not, the very attempt
to do it, without such consent, is an at
tack on the national sovereignty. •
Such being the public rights and the mun
cipal law of the United States, no solicitude
on the subject was entertained by this govern
ment, when a year since, the British Purlin
ment passed an act to provide for the establish
nient of foreigners in the military service of
Great Britain. Nothing on the face of the ae*
or in its public history, indicated that the
British government proyosixl to attempt re
cruitment in the United States: nor did it ever
give intimation of such intention to this gov
ernment. It was matter of surprise, therefore
and n ■cessarily, too, that the engagement ol
persons within the United States to proceed to
Halifax, in the British provice of Nova Scotia:
and there enlist in the service of Great Britian.
was going on extensively, with little or no dis
guise. Ordinary legal stens were immediately
taken to arrest and punish parties concerned
and so put an end to acts inringing the muni
cipal law and d-rogatory to our sov. reignty.
Meanwhile su table representations of tlie sub
jcct were addressed to the British govern
ment.
Thereupon it became known, by the admis
sion < f the British government itself, that the
attempt to draw recruits from this countn
originated with it, or at leist had its approvnl
and sanction; but it also appeared that the
pnb'ic agents engaged in it hud -stringent in
st uctions” not to violrtc the muncipai law of
the United States.
It is difficu't to understand how it should
have been supposed that troops could be raised
by Great Britain, without violation of the mu
nicipal law. The unmistakable object of the
law was to prevent every such act, which, il
performed, must be either in violation of the
law. or in studied evasion of it ; and. in either
alternative, tlie act done would be alike injuri
ous to the sovereignty of the Unite.! States.
In the meantime, the matter acquired addi
tional im|>ortance, by the recruitm- nts in the
United States not being discontinued, and the
disclosure of the fact that they were prosecuted
upon a systematic plan devised by official au
thority ; that recruiting rendezvous had been
opened in our principal cities, and depots for
the recept’on of recruits established m onr
frontier; and the whole business conducted un
der the supervision and by the regular co-ope
ration of British officers, civil and military,
some in the North American provinces, and
some in the United States.
'Hie complicity of those officers in an under
taking, which could only be accomplished by
defying our laws, throwing suspicion over oui
attitude of neutrality, and disregarding our
territorial rights, is conclusively proved by the
evidence elicited on the trial of such of their
agents as have been apprehended and convict
ed. Some of jhe officers thus implicated are 61
high official position, and many of them beyond
onr jurisdiction, so that legal proceedings could
not reach the source of the mischief.
These considerations, and the fact, that tin
cause of complaint, was not a mere casual oc
currence, but a deliberate design, entered upon
with full knowledge of our laws and national
policy, and conducted by responsible public
functionaries, impelled me to represent the cast
t-> the British governm-n*, in order to secure,
uot only a cessation of the wrong, but its re
paration. The'subject is still under discussion,
the nsult of which will be communicated to
you in due time.
I reneat the recommendation submitted to
the last Congress, that provision be made for
the appointment of a commissioner, in connex
ion with Great Britain, to survey and ■stablisli
the boundary line, which divides the Territory
of Washington from the contiguous British
possessions. By reason of the extent and im
portance of the country in dispute, there has
been imminent danger of collision between tlie
subjects ot Great Britain and the citizens ot
tbe United States, including their respective
authorities in that quarter.
The propect of a speedy arrangement has
contributed hitherto to innnee on both side?
forbearance to assert by force wl at each claim
as a right. Continuance of delay on the pari
of the two governments to act in the mallei
will increase the dangers aod difficulties ol' tin
controversy.
Misunderstanding exists to the extent, char
■icter, and value of the possessory rights of tin
Hudson's Bay Company and the property ol
Puget’s Sound Agricultural Company, rew-rv
el in our treaty with Great Britain relative t>
ibe Territory ot Oregon. I have reason to be
lieve that a se-sfon of tlie rights of both com
panics to the Unitid States, which would b<
the readiest tn<ans of terminating all questions
can be obtained on reasonable terms; end, with
h view to this end I present the subject to thi
attention of Congress.
The colony of Newfoundland, having enact
ed the laws required by tbetnaty of the sth ol
June, 2854, is now placed on tbe same footing,
in respect to commercial intercourse with tlu-
United 8 ates, as to the other British North
American provinces.
The commission which that treaty con
templated, for determining the rights of
fishery in rivers and mouths of rivers on
the coasts of the United States and tbe
British American provinces, has bien
oaganized and has commenced its lubors;
to complete which there is needed further
appropriation for the service of another
session.
SOUND DUES.
In pursuance of tbe authority, confer
red by a resolution of the Senate of th<
United States passed on the thi-d of
March last, notice was given to Denmark,
on the 14tb day of April, of the intention
of this government to avail itself cf the
stipulation of the subsisting Convention
of friendship, commerce, and navigation
between that Kingdom and the United
States, whereby either party might, after
ten years, terminate the same at the ex
piration of c ne year from the date of no
tice for that purpose.
The considerations, which led me to
call the attention of Congnss to that
Convention, and induced the S. Date to
adopt the resolution referred to, still con
tinue in full force The Convention con
tains an article, which, although it does
not directly engage the United States to
submit to the imposition of toils on the
vessels and cargoes of Americans passin»
into and from the Baltic sea, during the
eontinuanee of the treaty, yet may. by
possiblity, be construed as implying such
submission. The exaction ot those tolls
t not being justified by any principle of in-
I ternatiouel law. it became {be right and
ld«tf Uw SiMa wniimtiMp
selves from the implication ot engagement
on the subject, so as to be perfectly free
to act iu the premises in such way as
their public interests and honor shall de
mand
I remain of the opinion that the Unit
ed States ought not to submit to the pay
ment of the Sound dues, not so much be
cause of their amount, which is a second
ary, matter, but because it is in effect the
recognition of the right of Denmark t’-
treat one of the great maritime highways
of nations as a elo-ed sea, and the naviga
tion of it as a privilege for which tribute
may be imposed upon those who have oc-_
casion to U-o it.
This government, on a former occasion
not unlike the present, signalized its de
termination to maintain the freedom of
the seas, and of the great natural chan
nels of navigation. The Barbary States
had, fora long time, coerced the payment
of tribute from all nations, whose ships
frequented the Mediterranean To the
last demand of such payment made by
them; the United States although suflei ■
ing less from their depredations than
many other nations, returned the explicit
answer, that we preferfed war to tribute,
and thus opened the way to the relief of
the commerce of the world from an igno
ti inous tax. so lon<r submitted to by the
more powerful nuttons of Europe.
If the manner of payment of the
Sound dues differ from that of the tribute
formerly cond ded to, by the Barbary
'tat.-s, still their exaction by Denmark
has no better foundation in right. Each
was, in its origin, nothing but a tax on a
common natural right, extorted by those
who wi re at that time able to obstruct the
free and secure enjoyment of it, but who
no longer possess that power.
Dentnaik, wihle resis’ing our assertion
of the freedom of the Baltic Sound and
Belts, has indicated a readiness to make
some new arrangi-ment, on the subject,
and has invited the governments interest
ed, including the United *>tateß tobe rep
resented in a convention to assemble for
the purpose of receiving and considering
a proposition, which she intends so sub
mit, for the capitalization of the Sound
dues, and the distribution of the i-um to
be paid as commutation among the gov
ernments, according to the respective
proportions of their maritime commerce
to and fiom the Baltic I have declined,
in behalf of the United States, to accept
this invitation for the most cogent reas
ons. One is, that Denmark does not of
fer to submit to the convention the ques
tion of her right to levy the Sound dues
A second is, that, if the convention were
allowed tu take cognizance of that partic
ular question, still it would not be compe
tent to deal with the gnat international
principle involved which affects the right
in other cases of navigation and coin
mercial (reed in, as well as that of ac
cess to the Baltic Above all, by the ex
press terms of the proposition it is con
templated, that the consideration of the
■•ouiid dues shall be commingled with, and
made subordinate to a matter wholly ex
traneous, the balance of power among the
governments of Europe.
While, however, rejecting this propo
sition, and insisting on the right of free
transit into and from the Baltic, I have
expressed to Denmark a willingness, on
•he part of the United States, to shar<
liberally with oth-. r powers in compensat
ing her for any advantages, whicli com
merce shall bercafte-r derive from expen
ditures made fy her for the improvement
and safety of the navigation of the Sound
or Belts
I lay bt fore you, herewith, sundry doc
umeii's on the subject, iu which my views
are more fully disclosed Should no Sat
isfactory arrangement be soon concluded
1 shall ag-in call your attention to the
subject, with recommendation of such
measures as may appear to be required
in order to assert and sicure the lights of
the United States, so far as they are ef
fected by the pretensions of Denmark.
TXANCgp,-
I announce with much gratification,
that, since tbe adjournment of the last
Congriss. the qhtstion then existing be
tween this government and that of France
iespec ing thcFiench consul at San Fran
ci.-co. has been satisfactorily ditertnimd,
and that the relations of the two govern
ments continue to be of the molt friend
'y nature.
ORKtCE.
A question, also, which has been pend
ing for several yeais b.tween the United
States and the Kingdom of Greece, grow
ing out of the scque-tratii n, by public
autboritii s nf that country of property be
longing to the present American consul at
Athens, and which had been the subject
of very earne-t discussion heretofore, has
recently been settl< d to the satisfaction
of the party interested and of both gov
ernmints
SPAIN.
With Spain, peaceful relation* are still
maintained, and some ptogress has been
made in securing the redress of wrongs
complaint d of by this government.—
Spain has not only disavowed and disap
provtd the conduct of the officers, who
illegally seiz' d and detained the steamer
Black Warrior at Havana, but has also
paid the sum claimed asindemnity for the
loss thereby inflicted on citizens of the
United State*
In conreqw nee of a desutractive hnricane,
wh.ch visited Cuba in 1844, tlie supreme au
thority of tliat island issued a deesee, permit
ting the imperial ion, for the period of six
months, of certain building materials and pro
visions. free of duty, bat revoked it when about
half the period only had elapsed, to the injury
of citizens nf the United Sates, who had pro
ceeded to act on the faith of that decree. Tlie
Spanish gevernment refused indemnification to
the partie* aggrieved until rerentlv, when it r*
rented to payment, being pre mi» dto b" made
so soon av the amount dnee can be ascertained
Satisfaction claimed for tbe arrest aud search
es the steamer El Dorado ha* not yet been ac
corded but there is reason to believe that it will
be. and the care, with other*, continue* to be
urged on Hie attention of tbe Spanish govern
mehL Ido not abandon the hope of conclud
ing with Spain some general arrangement,
which, if it do not wholly prevent tbe recur
, NMvcfiJtenMwto Vata, vS Mmd
hnsfreqmnt, and whenever they shall occur fa
cilitate their more speedy settlement.
MP.YICO.
The interposition of this government has been
invoveked by many of its citizens, on account,
of injuries done to their persons and'property, for
which the Mexican republic is responsible.—
The unhappy situ ticn of that country, for
some time past, han not allowed its government
to give cue consideration to claims of private
reparation, and has appealed to for and justify
some forbearance in such matter on t he part of
this government. But, if the revolutionary
movements which have lately occurred in that
republic, end in the organization of a stable
zovernment, urgent appeals to its justice will
then be made. and. it may be hoped, witli sne
eest, for the redrees of all complaints of our ci
zens.
- CENTRAL AMERICA.
In regard to the American republics, which,
from their proximity and other considerations,
have peculiar relations to this Government,
while it has been my constant aim strictly to
observe all the obligations of political fnend
hip and of good neighborhood, obstacles to
this have arisen in some of them, from their
own insufficient power to check lawless irrup
tions which, in effect, throws most of the tusk
on the United States. Thus it is that the dis
tracted internal condition of the State of Ni
caragua has made it incumbent on me to ap
peal to the good faith of our citizens to abstain
from unlawful intervention in its affairs, and
to adopt preven’ive measures to the same eml.
which, on a similar occasion, had the l>est re
sults in re-asiuring the peace of the Mexican
States of Sonora and Lower California.
TREATIES.
Since the last session of Co gress a treaty
of amity, commerce, and navigation, and for
the surrender of fugitive criminals, with the
kingdom of the Two Siclies ; a treaty of friend
ship’ commerce and navigation with Nicaragua,
and a convention of commercial reciprocity
with the Hawaiin kingdom, have been nego
tiated. The latter kingdom and the State of
Nicaragua have also acceded to a declaration,
recognising as international rights the priticie
pies contained in the convention between the
United States and Russia, of the 22d of July.
1854. These treaties and conventions will be
laid before the Senate for ratification.
TREASURY.
The statements made, in my last annual mes
sage, res;>ectiiig the anticipated receipts and ex
penditures of the Treasure, have been substan
tially verified.
It appears from the report of the Secretary
of the Treasury, that the receipts during the
last fiscal year "iiding June 30. 1855, from all
sources, were sixty-five million three thousand
nine hundred and thirty dollars; and that the
public expenditures for the some period, exclu
sive of payments on account of the public debt
amounted to fifty-six millions three hundred
and sixty-five thousand three hundred and nine
ty three dollars. During the same period, the
payments made in redemption of the public
debt, including interests and premium, amount
ed to nine million eight huiidnd and forty
four thousand five hundred and twenty eight
dollars.
The balance in the Treasury at the beginning
of the present fiscal year, July 1. 1855. was
eighteen million nine humlred and thirty-one
thousand nine hundred and seventy-six dollars;
tbe receipts for the first quarter, and the esti
mated receipts for the remaining three quar
ters, amount, together, to sixty-seven million
nine hundred and eighteen thousand seven hun
dred and thirty-four dollars; thus affording in
all’ as the available resources of the current
fiscal year, the sum of eighty million eight hun
dred and fifty-six thousand eeven hundred and
ten dollars.
If, to the actual expenditure of the first qnar-'
ter of the current fiscal year, be added tlie prob
able expei datures for the remain ng three quar
tera, as estimated by the Secretary of the Trens
ury, the sum total will lie seventy-one million
two hundred and twenty-six thousand eight
hundred and forty six dollars, thereby leaving
mid estimated balance in the treasury on July
1856 of fifteen million six hundred and twenty
thtec thousand eight hundred and sixty three
dollars and forty one cents.
In the above estimated expenditures of the
present fiscal year are included three million
dollars so meet the last instalment of the ten
millions provided for in the late treaty with
Mexico, and seven million seven hundred ami
fifty thousand dollars appropriated on occoimt
of the debt due to Texas, which two sums make
an aggregate amount of ten million seven
hundred and fifty thousand dollars, and reduce
the . expenditure*, actual or ealimated, for
ordinary object Jof the year, to the sum of
sixty million bur hundreds and seventy six
thousand dollars.
The ainou 4 of the public debt, at the com
mencement of tbe present fiscal year, was forty
million five liumli-ed and eighty three thousai d
six hundred and thirty one dolkrs, and. diduc
ion being made of subseqaent payments the
whole public debt of the F- deral Covernment
remaining at this time is less than forty mil
lion dollars.
The remnant of certain other government
stocks, amounting to two hundred and forty
three thousand dollars, referreed to in my last
message as outstanding, has since been pre d.
I am fully persuaded that it would be d ffi
cut to devise a system superior to that, by which
the fiscal business of the government is now con
ducted. Notwithstanding the great numlier of
public agents of collection ami disbur ement
it is believed that he checks and guards provi
ded including the requirement of monthly re
turns, render it scarcely itoeeible to effort a con
siderable fraud on the part of those agents, or
neglect, involving hazard of eerit us public lose,
to escaped detection. I renew, however, the re
commendation, heretofore made by me, of the
enactment of a law declaring it felony on the
part of the public offirers to insert fa ee entries
in their book" of records or account, or make
false returns, and also requiring them ou th
termination of their service to deliver to their
successors all book, records, and other objects
of a public ature in tlieir custody.
Derived as onr public revenue is, in chief part
from duties on imports, its magnitude affords
gratifying evidence of the prosperity, not only
of our commerce, tut of the other great intejests
upon which that depends.
The principle that all moneys not required for
the currens expenset of the gcreen.meiit thtuld
remain for active employment iu t‘e hands of
the people; and the conspicuous fact that the
annual revenue from all sources exceeds, by
by many millions ol dallars, the amo nt needed
for a prudent and economical administration of
public affairs, cannot fail to suggeet the pro
priety of an early revision ard reduction of the
tariff of duties on imports. It is now eo gener
ally conceded that the purpose f revenue alone
can justify the imposition of du'ies on i ports,
that, in re-adju«ting the impost tables and sched
uler which unpnestionably require es sential
modificacatione. a departure form the principles
oi the pre*-.' tariff » not anticipated.
ARMY.
The army, during the past year, has been ac
tivelv engaged in defending the Indian frontier,
the Mate of the service permitting but few and
small garrisons in our [xrmenant fortifications.
The additional regiments authorized at the last
session of < 'ongreas have been recrui’ed and or
gjnix'd, and a large portion of the troops have
already been sent to the fi’l i. All the duties,
wtoi/davolva « thio M*Bry wtabUshmat,
I’ have been salisiuctonly js-rioimcd, and tl:<
dangi-rs and privations incident to the cliurae
ter of the service require d of our troops liavi
furnished additional evidence of their courage
zeal, and capacity to meet any requisition
which their country may make upon them.—
For the details of the military operations, tin
distr.butiun of the troops, and addit'onal pro
visions required for the military service, I re
fer to the report of tlie Secretary of War, and
the accompanying document.
Experience, gathered from events which have
transpired since my last annual message, has
but served to confirm the opinion then express
ed of tlie propriety of making provision, by a
retired list,fir disabled officers, and for increas
is! compensation to the officers retained on thi
list for active duty. All the reasons which ex
isted, when these measures were recommended
on former occasions, continue without modifica
tion. except s<’ far as circumstances has given
to some of them additional force.
The recommendations, heretofore made for n
partial renrgauiza ion of the army, tire also re
newed. The thorough elementary education
given to those officers, who commence their ser
vice with the grade of cadet, qualifies them, to
a considireable extent, to perform the duties of
every arm of the service; but to give the
higlicst efficiency to artilli ry requires the prac
tice and special study of many years ; and it
« not, therefore, believed to be advisable to
maintain, in time of peace, a larger force ot
that arm than can be usually employed in tlie
duties appertaining to the service of field anil
siege artilllery. The duties of the staff in all
its various branches belong to the movements
of troops, and the efficiency of an atmy in the
field would materially depend upon the ability
with which those duties are discharged It is
not. as in the case of tlie artillery, a speciality,
but requires, also, an intimate knowledge of
the duties of an officer of the line, and it is not
doubted that, to complete the education of an
officer for either the line or the general staff it
is desirable that he shall have servid in both.
With this view, it was recommended on a
former occasion that tlie ditties of the staff
should bo mainly performed by details from the
line: and, with conviction of the advantages
which would result from such a change, it is
again presented for tbe consideration of Con
gress.
NAVY.
Tlie report of the Secretary ol the Navy,
herewith submitted, exhibits in full the nuval
operations of the past year, together with the
present condition of the service, ami it makes
suggestions of further legislation, to which your
attention is invited.
The construction of the six steam friga es,
for which appropriations were made by the last
Congress, has proceeded in the most satisfacto
ry manner, and with such expedition, as to war
rant the belief that they will be ready for serv
ice early in the coming spring. Important as
this addition to our naval force is, it still re
mains inadequate to the contingent exigencies
of the protection of the extensive sea coast and
vast commercial interests of the United States.
In view of this fact, ami of the acknowledged
wisdom of the policy of a gradual and systema
tic increase of the navy, an appropriation is
recommended for the construction of six steam
sloo|>sof-war.
In regard to the steps taken in execution of
the act of congress to promote the efficiency of
the navy, it is unnecessary for me to say more
than to express ent ire concurrence in tlie obser
vation on that subject presented by the Secre
tary iu hie report.
POST OFFICE.
It will be perceived, by the report of the
Post master General, that the gross expendit
ures of the department for the last fiscal year
was n : ne million nine hundred and sixty-eighi
thousand three hundred and forty-two dollars,
ami the gross recipls seven million three liutid
red anil forty-two thousand one hundred ami
thirty-six dollars, making an excess of expend
iture over receipts of two million six hundred
and twenty-six thousand two hundred and six
di’llurs; and that the co.t of mail transporta
tion during that year was six hundred and
seventy-four thousand uir.e hundred and fifty
two dollars greater than the previous year.
Much of the heavy expenditures to which the
Treasury is thus subjected, is to be ascrilied to
the large quantity of printed rnattter conveyed
by the mails, either franked, or liable to no
postage by law. or to very low rates of postage
compared with that cliatgcd ou letters ; and to
the great coast of mail service on railroad and
b ocean steamers. The suggestions of the
Postmaster General on the subject deserve tke
consideration of Cougress.
interior.
The report es the Secretary of the Interior
will engage your attention, as well for the useful
suggestions it contains, as forth - interest and
importance of the subjects to which they refer.
The iggregate amount of public land sold
during the last fiscal year, located with military
scrip or land warrants, taken np under giant’s
for roads, and selected as swamp lands by
StatM, is tw< nty-four million five hundred anil
fifty-seven th-msund four hnndred and nine
acres; of which tbe portion sold was fifteen
million seven hundred and twenty-nine thousand
five humlred aod twenty-four acres, yielding in
receipts the sum of eleven million four hun
dred and eighty five thousand three hundred
ami eighty dollar*. In the same period of time,
eight million seven hundred a- d twenty-three
thousand eight hundred and fifty-four acres have
t>een surveyrd; but, in consideration of the
quantity already subject to entry, no addi
tional tracts have been brought into market.
The peculiar relation of the general govern
ment to the District of Columbia, renders it
proper to ccmmend to your care not only its
material, but also its moral interests, including
education, more especially in those parts of the
district outside of the cities of Washington aud
Georgetown.
The commissioners appointed to revise and
codify the laws of tbe District have made such
progress in the performance of their task, as
to insure its completion in tbe time
by tbe act of Congress.
Information has recently been received, t'-at
the peace of the settlements in the Territories
of Oregon and Washington, is disturbed by hos
tilities on tbe part of the Indians, with indica
tions of extensive combinations of a hostile
character amo-g the tribes in that quarter the
more serious in their possible effect by reason
of the undetermined foreign interests existing
iu those Territories, to which your attention
has already been especially invited. Efficient
measures have been taken, which, it is believed,
will restore quiet, and afford protection to our
citizens.
In the Territory of Kansas, there have been
acts prejudicial to good order, but as yet none
have occurred under circumstances to jua'ify
the interposition of the federal Executive.—
’l’hat could only be in case of obstruction to
federal law, or of organized resistance to terri
torial law, assuming tbe character of insurrec
tion, which, if it should oeeuE it would be my
duty promptly to overcome and suppress. I
cherish the hope, however, that the occurrence
of any such untoward event will be prevente d
ty the sound sense of the people of the Territo
ry, who, by its organic law, possessing the right
lo determine ths ir own domestic institutions
are entitled, while deporting themselves, peace
fully, to the free exercise of that right, and
must be protected in the enjoyment of it, with
out interference on tbs jiort of tha alUMaa at
aoy crfttaawMi
WM. KAZ PROPRIETOR
NUMBER 22.
• The southern boundary line of this Territorv
has never been surveud und istablisliid '| |I
■ rupn yextemhng sGtl. mmts in U, a t regi.*
and the fact tiat the mum rente between Life!
jx-mlence, in tl.e State of Missouri, ami New
Mexico >s contiguous to this line, Higgest the
probabffity that < ml,arrassing qui stiona of i.®
risdietion may consequently arise. F< r these
and other considerations. I comnund the .ufo
jecl to 3onr early attention
CONSTITUHONAL THEORY OF THE 00VERXM1WT
have thus jMKsed in review the gem r.l stat,
of the Union, including such rmrti, *
cernsof the Federal govemm.wft.
domwric or foreign relation, a. it ar „
me desirable and u eft,J to bring to iL - i
notice of Congress. Unlike X grM
ofEurope am] Asia, and mat/o? lh «L rs
America, these United States ■ .
strength neither in foreign war nor dX'S
strile. M hatever of discontent or
n®. r'l^” I’’ 1 ’’ to the imp*
sections of human nature, or is incidtnt to ail
goverumentg however perfect, which human
«isilom can devise. s U ch subjects of ooln IC ul
agitation as occupy the public mu d. cowSl
so ■ gn at extent of exagg. ration of mevitabte
evils, or over aal in social improv, ment or
mere .magmateon of gri< vcance. a „<l l a v;,«
but remote connection wi>h any of the .....mf
tutionul funtK 118 or dufiet of tbe F<d< ral Gov
ernment. Io whatever exteni flaw
the lorM-t®'.'' d ' " C ' n ' 1 eD * < in K ,o t,,e fti'l’ility of
the constitution or tlie integrity of the Union,
mid no Im thi r, they <!< mum! tl e tot aid. la i „ ~f
he hx.TUiive, mid require to be pres uUd by
him to Uongren. r ”
Before tl e Thirteen Celonies became a con
federation ofmdependcnt States, they wereasso
ciated only by community of tran«-alla. ticoric
'ii, by position, nm! by t| emutual
tie of common dependence on Great Britain
W hen hat tee was sum] rH ],
sumed tbe powers ami rights oi absolute w-ls.
government The m nieipal and arn ial inatha
lions of each, its laws of property am] ofm rson
al relation, even its political orgmnzaiio'n. were
such only as each one cl ose to establish, whol
y with, ut interference from m.y other. In th.
languargeof the Declare)i.n of I. d. pendent
each State bad ‘ lull power to levy war c „ n ’
elude peace, contract alliances, establish com
»"■! things which in
dependent Stat, a may of right do.’’ Tlie sever
al colonies diff red m climate, in soil, in natural
produc Hons, in rehgmn, in systems of.ducat ion,
in legislation, and in the forms of political ad
ministrations; and they continued to differ in
these respects when they voluntarily allie.l ihem
ohi't'on'* 8 SUte * tO C “ rry °“ lbC Wur ofth *
tt ‘ . of ,hat war so disenthral the
United ( domes from foreign rule which had on.
pressed them from the mother connfrv-the politi
cal result was the foundation of a federal re pub
lic of t e free white men of the coloni.w, consti
tuted as they were, iu distinct, ami reciprocal
ly independent, State governments. As for the
subject races, whether Indian or African the
wise and brave statesmen of that day being en-
L r age<i m no extravagant Bchwne of rociulchaiiff?
lett them as they were, and thus preserved
themwlvea and their posterity from the anarchy
and the ever-recurring civil wars, which have
prevailed in other revolutionized European cob
ouies of America.
Wlren the confederated States found if
convenient to modify the conditions of
their association, by giving to the gen, ral
government direct access, in some respects,
to the people of the States, instead of
confining it to action in the States, as
such, they proceeded to frame the existing
constitution, adhering to one guiding
h ought, which was, to delegate
only such power as wus necessa
ry and proper to the ex. cution of specific
pourpo.es, of tbe individual States ' For
objects of common defence, and security,
they intrusted to the general goveinnunt
certain earefully-defined functions, leav
ing all others as the undcicgated rigl.ts
of the separate independent sovereignties.
Such is the CGnstitutionul theoij of our
government the practical observance of
which has carried us, and us alone,among
modem republics, through nearly tlnee
gi neratiois of time without the cost of
one drop of blood shed in civil war.
“ ith freedom and concert of acti, n, it
has < nai led us to cont. nd succissful.y on
the battle-field against foreign foes, has el
evated the fo< ble colonies into pow< rfui
States, has raised our iudn«tiial produc
tions, and our commerce which
them, to the level of the richest and the
greatest nations of Euiope. Andthead
mirable adaptations of our political ii sti
tutiens to their objects, combining local
self government with aggregate strength,
has established the practicability of a
government like to cover a continent with
confederate states.
'I he Con ress of the United States is. in ef
fect. that Congress of sovereignities, which
good men in the Old World have s-mght for,
but could never attain, and which imparts to
Americans an exemption from the mutable lea
gues for common action, from the ware, the
mutual invasions, and vague aspirations alter
the balance of power, whicli co vulse from
time to time the governments of Europe Our
co-operative action resis in the conditions of
permanent confederation prescribed by the
Constitution. Our balance of power is in
the separate reserved rights of the Btates, and
their equal representation in the Senate. That
independent sovereignty in every one of the
States, with its reserved rights of local self
government assured in each by I heir co-. qnal
power in the Senate, was the fundamental con
dition of the Constitution. Without it the
Union would never have existed.
However desirous tbe larger States might
be to re-organize the government so as to give
to their population its proportionate weight in
the common counsels tl.ey knew it was impoe
sble, unless th<y conci ded to the smaller ones
authority to exercise at least a negative influ
ence on all the measures of the government,
whether legislative or executive, through tls-ir
equal representation in the Senate. Indeed,
tlie larger States themselves could not have
failed to perceive, that the same power was
eqn.illy necessary to them, for the security of
their own domeatic interests against tlie aggre
gate force ot the general government.
In a word, the original Stated went into this
permanent league on the agrred pre mises, of
exerting their common strength for the defence
ol the whole, and ol all ita parts; but nf utterly
excluding all capabiltyoi leciprocalaggrtesion.
Each solemnly bound itself to all the o'hers,
neither to undertake, nor permit,any encroach
ment upon, or intermeddling with, anothar'4
reaerved rights.
Where it was deemed expedient, particahr
rights of the States were exprewly guarantied
by the constitution; but, in all things beside,
these rights were guarded by the limitation ot
tbe powers not granted, in the compact of un
ion. This, the great power of taxation wa»
limited to purposes of common defence »««>
kgeneral welfare, excluding obiccta appertaining
fto tbe local legislation of the several
I tfaoaa goryw W gwNrnl woUmw aa<