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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 i» Published every Friday Morning in the City of Atlanta, at ON E DOLLAR PER 'ANNUM, To be paid strictly in advance. QT No subscription taken for lew then six months. RA.TS3 07 ADVERTISING. Advertisements are inserted in the Wkikly Examixsb at the following rates: Seventy-five Conti per square (of 10 lines brevier) for the first insertions, and 37 J cents per square for each sub sequent insertion. Advertisements continuing three months or more are charged at the following rates: 1 Square 3 maths * t OO I t> “ 600 I n pg « 10 00 3 « 8 “ 800 3 « 6 " 10 00 3 “ 13 « 15 00 3 “ 3 « 800 8 <• « «• 13 00 3 " 13 " 20 00 4 « 3 “ 10 00 4 n 8 « 15 00 4 •< 13 “ 35 00 i Col’■ 3 " 15 00 1 " 6 “ 30 00 | « 12 “ 30 00 1 <• 3 “ 30 00 1 « 8 “ 30 00 | «14 «• 40 00 Oi>» Hauare, changeable, one year, sls 00 Two “ 20 00 Three « « “ 36 00 Four " " " 90 ®0 Quarter Column« “ 40 00 Hal f . “ ** ** 00 Advertisements leaded and inserted un der the head of Special Notices will be charged One Dollar per square for the first insertion and Fifty Cents for each subsequent insertion (JjP Legal Advertisements published at the usual rates. Obituary Notices exceeding ten lines will be charged as advertisements. (3F Yearly Advertisers exceeding in their ad vertisements the average space agreed for, will b< charged at proportional rates. UF* All Advertisements not specified as to time will be published until forbid and charged accordingly. 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<