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THE

AMERICAN

ANNUAL REGISTER;

FOR THE YEARS 1827-8-9,

OR,

THE FIFTY-SECOND AND FIFTY-THIRD YEARS OF AMERICAN


INDEPENDENCE.

SECOND PART.

NEW- YORK:
E. & G. W. BLUNT.
LONDON :

BALDWIN & CRADOCK,

1830.
A5
TABLE OP CONTENTS.
PUBLIC DOCUMENTS.
Page

Message of do. second session, .........


Message of the President of the United States to the 20th Congress,
1st session,

Instructions to the Envoys of the United States to the Congress of Panama,


Correspondence concerning the Northeastern Boundary of the United States,
Inundated lands of the Mississippi,
102
Treaty between the United States and Sweden,
Convention between the United States and Great Britain, relative to the North-
eastern Boundary,
Convention between same powers respecting the Northwestern Coast,
do do do extending Commercial Treaty, . . 114
Convention between the United States and the Hanseatic Republics,
Speech to the Legislature of New-Brunswick, 1828,
do do do Nova Scotia, 1828, . ... 120

124
Opening of the Parliament of Lower Canada, 1828,
Governor's Message to do do 1829, .

Resolutions of the House in answer to foregoing Message,


Speech to the Legislature of Upper Canada,
General Orders respecting Military Settlers,
Speech of President of the Mexican United States, 1828,
Decree of Legislature of Mexico, expelling Spaniards,
Treaty of Peace between Colombia and Peru, . .
....
.

. . . . 139
Treaty between Peru and Bolivia, 141
Convention between Great Britain and Brazil,for the abolition of the Slave Trade, 143
Treaty of Commerce between Great Britain and Brazil, . . 144
do do between Brazil and the Hanse-towns, 150
do do and Indemnity between France and Brazil, 154
Treaty of Peace between Brazil and Buenos Ayres, 155
Speech of the Emperor of Brazil to the Chambers, 1828, 159
Message to Assembly on Finances, . . . . 160
Message of the Executive of Buenos Ayres, 1828, 165
Speech of the King of Great Britain on the opening of Parliament, 1 828, . 169
do do do do do do 1829, . 171
Prorogation of Parliament, 172
Convention between Great Britain and Portugal, relative to British Troops, 173
Despatch from Colonial Department to Lieutenant Governor of Jamaica, re-
lative to Slaves, . 175
Speech of King of France to Chambers, 1828,
do do do 1829,
Law relative to Journals and Periodical writings,
......
. . . . . 184
186
188
Protocol relative to Greece, 192
Manifesto of the Porte against Russia, . . .
-" 194

Letter of Sultan to his Viziers concerning do ......


Note of Ambassadors to the Reis Effendi, announcing treaty of London,

....
. 198
199

Protocal on the question of intervention,


Protocol of the Admirals,
.......
Proclamation of Greek Government, announcing Treaty, 200
202
ib.
General Orders after Battle of Navarino, 203
Letter of Admirals to the Greek Government, 204
Hatti Sheriff of the Porte, to the Musselmans, 205
Circular of Nesselrode to the Diplomatic Corps, 209
Manifesto of Russia against Turkey, 210
Letter from the Grand Vizier to Count Nesselrode, 216
Reply, 217
iv CONTENTS.
Page
Answer of the Porte to the Russian Manifesto, . . . . . . 219
Declaration of the Greek Government relative to Boundaries, . . . 227
Constitution of Greece, 230
Letter of English resident to Greek Government, requiring suspension of hos-
tilities, 238
Reply of Greek Government, ib.
Protocol on final settlement of Greece, 241
Treaty of Peace between Russia and Turkey, 244
Separate Act relating to Moldavia and Wallachia, 250
Manifesto of Emperor of Russia,
Address of President of Greece to the 4th Congress,
Proclamation of Regent of Portugal,
... .
.

.
252
253
261
Decree naming Don Miguel Lieutenant of Portugal, .
. , . 262
Protocol of Vienna, October 18th, 1827, ib.
do do do 20th, do 265
Letter from Don Miguel to Emperor of Brazil, 267
do do Recent of Portugal, ib.
do do King of Great Britain, 268
Protocol of Vienna, October 23d, ib.
Letter from Don Miguel to King of Spain, .

Resolution of three States, declaring Don Miguel King,


Protest of Brazillian Ambassadors, . . .
. .

.
....
.

. .
.

.
269
270
279
Correspondence between British and Brazilian Governments, relative thereto, 283
Spanish Decree concerning Commerce, . . . .
. . . 297
Proclamation of King of Spain, 301
Letter of A. H. Everett to Minister of Foreign Affairs, respecting the indepen-
dence of the Spanish Colonies, 302
Acts of 20th Congress, 1st session, . . . . . . '.. 323
Acts of do do 2d session, 353
LAW CASES.
King and Verplanck vs. Root. Libel, 1
James Jackson ex dem. Theodosius Fowler et al. vs. James Carver. Astor
claim* . 45
Commonwealth of Pennsylvania vs. Michael McGarvey. Murder,
Trial for the abduction of William Morgan, 68
Smith vs. State of Tennessee. An Attorney stricken from the roll for fighting
a Duel, 76
Hickie and others vs. Starkie and others. Louisiana Treaty,.
The Governor of Georgia vs. Juan Madrazo. Jurisdiction,
do do do vs. sundry African Slaves,
...
....
.

82
ib.

Breithaupt and al. vs. the Bank of Georgia. Jurisdiction,


D'Wolfe vs. Rabaud and al. Jurisdiction,
American Insurance Co. and al. vs. Canter. Floiida Treaty,
Fullerton and al. vs. the United States Bank.
...
Constitutionality of State Law,
ib.
ib.
91
Wilson and al. vs. the Black Bird Creek Marsh Co. do. do. . 94
Foster and al. vs. Neilson. Louisiana Treaty, . 96
The Bank of Kentucky vs. Hester and al. Suability of a State, . . 106
Satterlee vs. Matthewson. Conititutionality of a State Law, . . . 107
Weston and al. vs. the City Council of Charleston. Exemption of U. S. Stock
from Taxation,
Bucknor vs. Finlay and Van Lear. Jurisdiction, . . . . . 115
Wilkinson vs. Leland and al. Retrospective Legislation, . . . . 118
BIOGRAPHY.
William Tilghman, 125 George Canning, 130 John Eager Howard, 137
Thomas Addis Emmet, 139 Prince Alexander Ypsilanti, 149 Helen
Maria Williams, 150 De Witt Clinton, 156 Dugald Stewart, 166 Count
Lauriston, 170 Duke of San Carlos, 172 Richard Peters, 174 Dr. Gall,
180 John Taylor Gilman, 182 The Earl of Liverpool, 194 Timothy
Pickering, 198 Sir Humphrey Davy, 204 John Jay, . . . 215
[1]

PUBLIC DOCUMENTS,

I. DOMESTIC.

the United States to the Twentieth Con-


Message of the President of
gress. First Session.

Fellow-Citizens of the Senate,


portion of enjoyment as large and
and of the House of Representatives :
liberal as the indulgence of heaven
A RE VOLUTION of the seasons has has perhaps ever granted to the
nearly been completed, since the imperfect state of man upon earth ;
Representatives of the People and and as the purest of human felicity
States of this Union were last as- consists in its participation with
sembled at this place, to deliberate others, it is no small addition to
and to act upon the common im- the sum of our national happiness,
portant interests of their consti- at this time, that peace and pros-
tuents. In that interval, the never- perity prevail to a degree seldom
slumbering eye of a wise and be- experienced over the whole habi-
neficient Providence has continued table globe ; presenting, though as
its guardian care tover the welfare yet with painful exceptions, a fore-
of our beloved country. The bless- taste of that blessed period of pro-
ing of health has continued gene- mise, when the lion shall lie down
rally to prevail throughout the land. with the lamb, and wars shall be
The blessing of peace with our no more. To preserve, to improve,
brethren of the human race, has and to perpetuate the sources, and
been enjoyed without interruption ; to direct, in their most effective
internal quiet has left our fellow channels, the streams which con-
citizens in the full enjoyment of all tribute to the public weal, is the
their rights, and in the free exer- purpose for which government was
cise of all their faculties, to pursue instituted. Objects of deep import-
the impulse of their nature, and the ance to the welfare of the Union
obligation of their duty, in the im- are constantly recurring, to de-
provement of their own condition. mand the attention of the Federal
The productions of the soil, the ex- Legislature ; and they call with ac-
changes of commerce, the vivify- cumulated interest, at the first meet-
ing labours of human industry, have ing of the two Houses, after their
combined to mingle in our cup a periodical renovation. To present
ANNUAL REGISTER, 1827-8-0.

to their consideration from time to tribution of the indemnity to the


time, subjects in which the inter- persons entitled to receive it, are
ests of the nation are most deeply now in session, and approaching
involved, and for the regulation of the consummation of their labours.
which the legislative will is alone This final disposal of one of the
is a duty prescribed most painful topics of collision be-
competent, by
the constitution, to the performance tween the United States and Great
of which the first meeting of the Britain, not only affords an occa-
new Congress is a period eminently sion of gratulation to ourselves, but
appropriate, and which it is now has had the happiest effect in pro-
my purpose to discharge. moting a friendly disposition, and in
Our relations of friendship with softening asperities upon other ob-
the other nations of the earth, po- jects of discussion. Nor ought it
liticaland commercial, have been to pass without the tribute of a frank
preserved unimpaired ; and the op- and cordial acknowledgment of the
portunities to improve them have magnanimity with which an honour-
been cultivated with anxious and able nation, by the reparation of
unremitting attention. A negotia- own wrongs, achieves a tri-
their
tion upon subjects of high and deli- umph more glorious than any field
cate interest with the government of blood can ever bestow.
of Great Britain, has terminated in The conventions of 3d July, 1815,
the adjustment of some of the ques- and of 20th October, 1818, will
tions at issue upon satisfactory expire by their own limitation on
terms, and the postponement of the 20th of October, 1828. These
others for future discussion and have regulated the direct commer-
agreement. The purposes of the cial intercourse between the United
convention concluded at St. Peters- States and Great Britain, upon
burg, on the 12th day of July, 1822, terms of the most perfect recipro-
under the mediation of the late city ;
and they effected a tempora-
Emperor Alexander, have been car- ry compromise of the respective
ried into effect, by a subsequent rights and claim* to territory west-
convention concluded at London ward of the Rocky Mountains.
on the 1 3th of November, 1826, the These arrangements bave been
ratifications of which were ex- continued for an indefinite period
changed at that place on the 6th of time, after the expiration of the
day of February last. A copy of above-mentioned conventions ; lea-
the proclamation issued on the ving each party the liberty of ter-
nineteenth day of March pub-
last, minating them, by giving twelve
lishing this convention, is herewith months notice to the other. The
communicated to Congress. The radical principle of all commercial
sum of twelve hundred and four intercourse between independent
thousand nine hundred and sixty nations, is the mutual interest of
dollars, therein stipulated to be paid both parties. It is the vital spirit
to the claimants of indemnity under of trade itself nor can it be recon-
;

the first Article of the Treaty of ciled to the nature of man, or to the
Ghent, has been duly received, and primary laws of human society, that
the Commission instituted conform- any traffic should long be willingly
ably to the act of Congress of the pursued, of which all the advanta-
second of March last, for the dis- ges are on one side, and all the bur-
PUBLIC DOCUMENTS.

tiens on the other. Treaties of the 6th of August last, and will be
commerce have been found, by forthwith laid before the Senate for
experience, to be among the most the exercise of their constitutional
effective instruments for
promoting authority concerning them.
peace and harmony between na- In the execution of the treaties
tions whose interests, exclusively of peace of November, 1782, and
considered on either side, are September, 1783, between the Uni-
brought into frequent collisions by ted States and Great Britain, and
competition. In framing such trea- which terminated the war of our
ties, it is the duty of each party, Independence, a line of boundary
not simply to urge with unyielding was drawn as a demarcation of ter-
pertinacity that which suits its own ritory between the two countries,
interest, but to concede
liberally to extending over near twenty de-
that which is adapted to the inter- grees of latitude, and ranging over
est of the other. To accomplish seas, lakes, and mountains, then
more is generally requi-
this, little very imperfectly explored, and
red than a simple observance of scarcely opened to the geographi-
the rule of reciprocity ; and were it cal knowledge of the age. In the
possible for the statesmen of our progress of discovery and settle-
nation, by stratagem and manage- ment by both parties since that
ment, to obtain from the weakness time, several questions of bounda-
or ignorance of another, an over, ry between their respective terri-

reaching treaty, such a compact tories have arisen, which have


would prove an incentive to war been found of exceedingly difficult
rather than a bond of peace. Our adjustment. At the close of the
conventions with Great Britain are last war with Great Britain, four of
founded upon the principles of re- these questions pressed themselves
ciprocity. The commercial inter- upon the consideration of the nego-
course between the two countries tiators of the treaty of Ghent, but
is greater in
magnitude and amount without the means of concluding a
than between any other two na- definitive arrangement concerning
tions on the globe. It is, for all them. They were referred to
purposes of benefit or advantage to three separate commissions, con-
both, as precious, and in all pro- sisting of two commissioners, one
bability, farmore extensive than if appointed by each party, to exam-
the parties were still constituent ine and decide upon their respec-
parts of one and the same nation. tive claims. In the event of dis-
Treaties betweensuch states, regu- agreement between the commis-
lating the intercourse of peace be- sioners, it was provided
that they
tween them, and adjusting interests should make
reports to their seve-
of such transcendant importance to ral governments ; and that the re-
both, which have been found, in a ports should finally be referred to
long experience of years, mutually the decision of a sovereign, the
advantageous, should not be lightly common friend of both. Of these
cancelled or discontinued. Two commissions, two have already
conventions for continuing in force terminated their sessions and inves-
those above mentioned have been
tigations, one by entire, the other
concluded between the plenipoten- by partial agreement. The com-
tiaries of the two
governments, on missioners of the fifth aVticlc of the
ANNUAL REGISTER, 1827-8-9.

treaty of Ghent have finally dis- specting the commercial inter-


agreed, and made their conflicting course between the United States
reports to their own governments. and the British colonial possessions
But from these reports a great jdiffi- have not equally approximated to
culty has occurred in making up a a friendly agreement.
question to be decided by the arbi- At the commencement of the
trator. This purpose has, however, last session of Congress, they were
been effected by a fourth conven informed of the sudden and unex-
tion, concluded at London by the pected exclusion by the British
plenipotentiaries of the two go- government, of access, in vessels
vernments on the 29th of Septem- of the United States, to all their
ber last. It will be submitted, to- colonial ports, except those imme-
gether with the others, to the con- diately bordering upon our own
sideration of the Senate. territories. In the amicable dis-
While these questions have been cussions which have succeeded the
pending, incidents have occurred of adoption of this measure, which, as
conflicting pretensions, and of dan- it affected
harshly the interests of
gerous character, upon the territory the United States, became a sub-
itself in dispute between the two ject of expostulation on our part,
nations. By a common under- the principles upon which its justi-
standing between the governments, fication has been placed have been
it was
agreed that no exercise of ex- of a diversified character. It has
clusive jurisdiction by either party, been at once ascribed to a mere
while the negotiation was pending, recurrence to the old long estab-
should change the state of the ques- lished principle of colonial mono-
tion of right to be definitively set- poly, and at the same time to a feel-
tled. Such collision has neverthe- ing of resentment because the offers
less recently taken place, by occur- of an act of Parliament, opening
rences, the precise character of the colonial ports upon certain
which has not yet been ascertained. conditions, had not been grasp-
A communication from the Gover- ed at with sufficient eagerness by
nor of the state of Maine, with ac- an instantaneous conformity to
companying documents, and a cor- them. At a subsequent period, it
respondence between the Secreta- has been intimated that the new
ry of State and the Minister of exclusion was in resentment, be-
Great Britain, on this subject, are cause a prior act of Parliament of
now communicated. Measures 1822, opening certain colonial
have been taken to ascertain the ports under heavy and burdensome
state of the facts more correctly, by restrictions to vessels of the United
the employment of a special agent States, had not been reciprocated
to visit the spot where the alleged by an admission of British vessels
outrages have occurred, the result from the colonies, and their car-
of whose inquiries, when received, goes, without any restriction or dis-
will be transmitted to Congress. crimination whatever. But, be the
While so many of the subjects of motive for the interdiction what it
high interest to the friendly rela- may, the British government have
tions between the two countries manifested no disposition, either by
have been so far adjusted, it is mat- negotiation or by corresponding
ter of regret, that their views re- legislative enactments, to recede
PUBLIC DOCUMENTS.

from it,and we have been given sels of neither. That exception


distinctly to understand that neither
found in a proclamation of
itself is
of the bills which were under the the Governor of the Island of St.
consideration of Congress at their Christopher, and of the Virgin Is-
last session would have been deem- lands, inviting, for three months
ed sufficient in the concessions, to from the 28th of August last, the
have been rewarded by any re- importation of the articles of the
laxation from the British interdict. produce of the United States, which
It is one of the inconveniences in- constitue their export portion of this
separably connected with the at- trade, in the vessels of all nations.
tempt to adjust by reciprocal legis- That period having already expired,
lation interests of this nature, that the state of mutual interdiction has
neither party can know what would again taken place. The British
be satisfactory to the other ;
and government have not only declined
that after enacting a statute for the negotiation upon this subject, but
avowed and sincerepurpose of by the principle they have assumed
conciliation, it
generally be
will with reference to it, have precluded
found utterly inadequate to the ex- even the means of negotiation. It
pectations of the other party, and becomes not the self respect of the
will terminate in mutual disappoint- United States, either to solicit gra-
ment. tuitious favours, or to accept as the
The session of Congress having grant of a favour that for which an
terminated without any act upon ample equivalent is exacted. It
the subject, a proclamation was is- remains to be determined by the
sued on the 17th of March 4ast, respective governments, whether
conformably to the provisions of the trade shall be opened by acts
the 6th section of the Act of 1st of reciprocal legislation. It is in

March,1823, declaring the fact that the mean time satisfactory to know,
the Irade and intercourse autho- that apart from the inconveniences
rized by the British act of Parlia- resulting from a disturbance of the
ment of 24th June, 1822, between usual channels of trade, no loss
the United States and the British has been sustained by the com-
enumerated colonial ports, had merce, the navigation or the reve-
been by the subsequent acts of nue of the United States, and none
Parliament of 5th July, 1825, and of magnitude is to be apprehended
the order of Council of 27th July, from this existing state of mutual
1826, prohibited. The effect of interdict.
this proclamation, by the terms of With the other maritime and
the act under which it was issued, commercial nations of Europe, our
has been, that each and every pro- intercourse continues with little va-
vision of the act concerning Navi- riation. Since the cessation, by
gation, of 18th April, 1818, and of the convention of 24th June, 1822,
the act supplementary thereto, of of all discriminating duties upon
15th May, 1820, revived, and is in the vessels of the United States and
full force. Such, then, is the pre- of France, in either country, our
sent condition of the trade, that, trade with that nation has increased,
useful as it is to both parties, it can, and is increasing. A disposition
with a single momentary exception, on the part of France has been
b carried on directly by the ves- manifested to renew that negotia-
ANNUAL REGISTER, 1827-8-0.

tion ; and, in acceding to the pro- regard to its ratification. At a


posal, we have expressed the wish more recent date, a minister pleni-
that it might be extended to other potentary from the Hanseatic Re-
objects, upon which a good under- publics of Hamburg, Lubeck, and
standing between the parties would Bremen, has been received, char-
be beneficial to the interests of ged with a special mission for the
both. The origin of the political negotiation of a treaty of amity
relations between the United States and commerce between that ancient
and France, is coeval with the first and renowned league and the Uni-
years of our independence. The ted States. This negotiation has
memory of it is interwoven with accordingly been commenced, and
that of our arduous struggle for is now in progress, the result of
national existence. Weakened as which will, if successful, be also
ithas occasionally been since that submitted to the Senate for their
time, it can by us never be forgot- consideration.
ten ; and we should hail with exul- Since the accession of the Em-
tation the moment which should in- peror Nicholas to the imperial
dicate a recollection equally friend- throne of all theRussias, the friend-
ly in spirit on the part of France. ly dispositions towards the United
A fresh effort has recently been States, so constantly manifested by
made by the minister of the Uni- his predecessor, have continued
ted States residing at Paris, to ob- unabated ;
and have been recently
tain a consideration of the just testified by the appointment of a
claims of citizens of the United minister plenipotentiary to reside
States, to the reparation of wrongs at this place. From the interest
long since committed, many of taken by this sovereign in behalf
them frankly acknowledged, and of the suffering Greeks, and from
all of them entitled, upon every the spirit with which others of the
principle of justice, to a candid great European powers are co-
examination. The proposal last operating with him, the friends of
made to the French government freedom and humanity may indulge
has been, to refer the subject,which the hope, that they will obtain re-
has formed an obstacle to this con- lief from that most unequal of con-
sideration, to the determination of flicts, which they have so long and
a sovereign, the common friend of so gallantly sustained ; that they
both. To this offer no definitive will enjoy the blessing of self-go-
answer has yet been received : vernment, which by their sufferings
but the gallant and honourable in the cause of liberty they have
spirit which has at all times been richly earned and that their inde-
;

the pride and glory of France, will pendence will be secured by those
not ultimately permit the demands liberal institutions, of which their
of innocent sufferers to be extin- country furnished the earliest ex-
guished in the mere consciousness ample in the history of mankind,
of the power to reject them. and which have consecrated to im-
A new treaty of amity, navi- mortal remembrance the very soil
for which they are now again pro-
gation, and commerce, has been
concluded with the kingdom of fusely pouring forth their blood.
Sweden, which will be submitted The sympathies which the people
to the Senate for their advice with and government of the United
PUBLIC DOCUMENTS.

States have so warmly indulged ved indications of intestine divisions


with their cause, have been ac- in some of the republics of the

knowledged by their government, south, and appearances of less


in a letter of thanks, which I have union with one another, than we be-
received from their illustrious Pre- lieve to be the interest of all.
sident, a translation of which is Among the results of this state of
now communicated to Congress, things has been that the treaties
the representatives of that nation concluded at Panama do not ap-
to whom this tribute of gratitude pear to have been ratified by the
was intended to be paid, and to contracting parties, and that the
whom it was
justly due. meeting of the Congress at Tacu-
In the American hemisphere the baya has been indefinitely postpo-
cause of freedom and independence ned. In accepting the invitations
has continued to prevail ; and if to be represented at this Congress,
signalized by none of those splen- while a manifestation was intended
did triumphs which had crowned on the part of the United States, of
with glory some of the preceding the most friendly disposition to-
years, it has only been from the wards the Southern Republics by
banishment of all external force whom it had been proposed, it was
against which the struggle had been hoped that it would furnish an op-
maintained. The shout of victory portunity for bringing all the na-
hus been superseded by the expul- tions of this hemisphere to the
sion of the enemy over whom it common acknowledgment and
could have been achieved. Our adoption of the principles, in the re-
friendly wishes, and cordial good gulation of their international rela-
will, which have constantly follow- tions,which would have secured a
ed the southern nations of America lasting peace and harmony between
in all the vicissitudes of their war them, and have promoted the cause
of independence, are succeeded by of mutual benevolence throughout
a solicitude, equally ardent and the globe. But as obstacles ap-
cordial, that by the wisdom and pear to have arisen to the re-assem-
purity of their institutions, they bling of the Congress, one of the
may secure to themselves the two ministers commissioned on the
choicest blessings of social order, part of the United States has re-
and the best rewards of virtuous turned to the bosom of his country,
liberty. Disclaiming alike all right, while the minister charged with the
and intention of interfering in
all
ordinary mission to Mexico re-
those concerns which it is the pre- mains authorized to attend at the
rogative of their independence to conferences of the Congress when-
regulate as to them shall see fit, ever they may be resumed.
we hail with joy every indication A hope was for a short time en-
of their prosperity, of their har- tertained, that a treaty of peace
mony, of their persevering and in- actually signed between the go-
flexible homage to those principles vernments of Buenos Ayres and
of freedom and of equal Brazil, would supersede all further
rights,
which are alone suited to the genius occasion for those collisions be-
and temper of the American na- tween belligerent pretensions and
tions. It has been therefore with neutral rights, which are so com-
some concern that we have obser- monly the result of maritime war.
ANNUAL REGISTER, 1827-8-9.

and which have unfortunately dis- complained of it as a measure for


turbed the harmony of the rela- which no adequate intentional cause
tions between the United States had been gived by them and up-
;

and the Brazilian governments. At on an explicit assurance, through


their last session, Congress were their Charge d'Affaires, residing
informed that some of the naval here, that a successor to the late
officers of that empire had ad- representative of the United States
variced and practised upon princi- near that government, the appoint-
ples in relation to blockades, and ment of whom they desired, should
to neutral navigation, which we be received and treated with the
could not sanction, and which our respect due to his character, and
commanders found it
necessary to that indemnity should be promptly
resist. appears that they have
It made for all injuries inflicted on
not been sustained by the govern- citizens of the United States, or
ment of Brazil itself. Some of the their property, contrary to the laws
vessels captured under the as- of nations, a temporary commission
sumed authority of these erro- as Charge d'Affaires to that coun-
neous principles, have been re- try has been issued, which it is
stored and we trust that our just
; hoped will entirely restore the or-

expectations will be realized, that dinary diplomatic intercourse be-


adequate indemnity will be made to tween the two governments, and
all the citizens of the United States the friendly relations between their
who have suffered by the unwar- respective nations.
ranted captures which the Brazi- Turning from the momentous
lian tribunals themselves have pro- concerns of our Union in its inter-
nounced unlawful. course with foreign nations to those
In the diplomatic discussions at of the deepest interest in the ad-
Rio de Janeiro, of these wrongs ministration of our internal affairs,
sustained by citizens of the United we find the revenues of the present
States, and of others which seemed year corresponding as nearly as
as if emanating immediately from might be expected with the antici-
that government itself, the Charge pations of the last, and presenting
d'Affaires of the United States, un- an aspect still more favourable in
der an impression that his repre- the promise of the next. The ba-
sentations in behalf of the rights lance in the Treasury on the first of
and interests of his countrymen January last was six millions three
were totally disregarded, and use- hundred and fifty-eight thousand
less, deemed it his duty, without six hundred and eighty-six dollars

waiting for instructions, to termi- and eighteen cents. The receipts


nate his official functions, to de- froin that day to the 30th of Sep-
mand his passports, and to return tember last, as near as the returns
to the United States. This move- of them yet received can show,
ment, dictated by an honest zeal amount to sixteen millions eight
for the honour and interests of his hundred and eighty-six thousand
country, motives which operated five hundred and eighty-one dol-
exclusively upon the mind of the lars and thirty-two cents. The
officer who resorted to it, has not receipts of the present quarter, es-
been disapproved by me. The timated at four millions five hun-
Brazilian government, however, dred and fifteen thousand, added to
PUBLIC DOCUMENTS.

Ure above, form an aggregate of tingent deficiencies which may oc-


twenty-one millions four hundred cur, though not specifically fore-
thousand dollars of receipts. The seen, we may safely estimate the
expenditures of the year may per- receipts of the ensuing year at
haps amount to twenty-two millions twenty-two millions three hundred
three hundred thousand dollars, thousand dollars ;
a revenue for
presenting a small excess over the the next equal to the expenditure
receipts. But of these twenty-two of the present year.
millions, upwards of six have been The deep solicitude felt by our
applied to the discharge of the prin- citizens of all classes throughout
cipal of the public debt; the whole the Union, for the total discharge
amount of which, approaching of the public debt, will apologize
seventy-four millions on the first of for the earnestness with which I
January last, will on the first day deem it
my duty to urge this topic
of next year fall short of sixty-seven upon the consideration of Congress
millions and a half. The balance of recommending to them again
in the treasury on the first of Janu- the observance of the strictest

ary next, it is expected, will ex- economy in the application of the


ceed five millions four hundred public funds. The depression upon
and fifty thousand dollars; a sum the receipts of the revenue which
exceeding that of the first of Janu- had commenced with the year
ary, 1825, though falling short of 1826, continued with increased
that exhibited on the first of Janua- severity during the two first quar-
ry last. ters of the present year. The re-
was foreseen that the revenue
It turning tide began to flow with the
of the present year would not equal third quarter, and so far as we can
that of the last, which had itself judge from experience, may be ex-
been less than that of the next pected to continue through the
preceding year. But the hope has course of the ensuing year. In
been realized which was entertain- the mean time, an alleviation from
ed, that these deficiencies would the burden of the public debt will,
in nowise interrupt the steady ope- in three years, have been effected
ration of the discharge of the pub- to the amount of nearly sixteen
lic debt by the annual ten millions millions, and the charge of annual
devoted to that object by the act of interest will have been reduced
3d March, 1817. upwards of one million. But among
The amount of duties secured on the maxims of political economy
merchandise imported from the which the stewards of the public
commencement of the year until moneys should never suffer with,
the 30th of September last, is out urgent necessity to be tran.
twenty-one millions two hundred scended, is that of keeping the ex.
and twenty-six thousand, and the penditures of the year within the
probable amount of that which will limits of its receipts. The appro-
be secured during the remainder priations of the two last years, in-
of the year,is five millions seven
cluding the yearly ten millions of
hundred and seventy-four thousand the sinking fund, have each equal-
dollars forming a sum total of
; led the promised revenue of the
twenty-seven millions. With the ensuing year. While we foresee
allowances for drawbacks and con- with confidence that the public
10J ANNUAL REGISTER, 1827-8-9.

coffers will be replenished from the alarms of our fellow citizens on


the receipts, as fast as they will be those borders, and overawed the
drained by the expenditures, equal hostile purposes of the Indians. The
in amount to those of the current perpetrators of the murders were
year, it should not be forgotten that surrendered to the authority and
they could ill suffer the exhaustion operation of our laws and every
;

of larger disbursements. appearance of purposed hostility


The condition of the army, and from those Indian tribes has sub-
of all the branches of the public sided.
service under the superintendence Although the present organiza-
of the secretary of war, will be tion of the army, and the adminis-
seen by the report from that officer, tration of its various branches of
and the documents with which it is service, are, upon the whole, satis-

accompanied. factory, they are yet susceptible of


During the course of the last much improvement in particulars,
summer, a detachment of the army some of which have been hereto-
has been usefully and successfully fore submitted to the consideration
called to perform their appropriate of Congress, and others are now
duties. At the moment when the first presented in the report of the
commissioners appointed for carry- secretary of war.
ing into execution certain provi- The expediency of providing for
sions of the treaty of August 19th, additional numbers of officers in
1825, with various tribes of the the two corps of engineers will, in
northwestern Indians, were about some degree, depend upon the
to arrive at the appointed place of number and extent of the objects
meeting, the unprovoked murder of of national importance upon which
several citizens, and other acts of Congress may think it proper that
unequivoaal hostility committed by surveys should be made, conforma-
a party of the Winnebago tribe, bly to the act of the 30th of April,
one of those associated in the treaty, 1824. Of the surveys which, be-
followed by indications of a mena- fore the last session of Congress,
cing character, among other tribes had been made under the authority
of the same region, rendered ne- of that act, reports were made :
cessary an immediate display of the 1 . Of the Board of Internal Im-
defensive and protective force of provement, on the Chesapeake and
the Union in that quarter. It was Ohio Canal.
accordingly exhibited by the imme- 2. On the continuance of the
diate and concerted movements of National Road from Cumberland
the governors of the state of Illi- to the tide waters within the Dis*
nois, and of the territory of Michi- trict of Columbia.

gan, and competent levies of mili- 3. On the continuation of the


tia under their authority with a
; National Road from Canton to
corps of seven hundred men of Zanesville.
United States troops under the com- 4. On the location of the Na-
mand of General Atkinson, who, tional Road from Zanesville to Co-
at the call of Governor Cass, im- lumbus.
mediately repaired to the scene of 5. On the continuation of the
danger from their station at St. same road to the seat of govern-
Louis. Their presence dispelled ment in Missouri.
PUBLIC DOCUMENTS. [11

6. On a Post Road from Balti- have been constantly


qualified,
more to Philadelphia. employed upon these services, from
7. Of a survey of Kennebec the passage of the act of 30th of
River, (in part.) April, 1824, to this time. Were
8. On a National Road from no other advantage to accrue to the
Washington to Buffalo. country from their labours, than
9. On the survey of Saugatuck the fund of topographical know-
Harbour and River. ledge which they have collected
10. On a Canal from Lake and communicated, that alone
Pontchartrain to the Mississippi would have been a profit to the
River. Union more than adequate to all
It. On surveys at Edgartown, the expenditures which have been
Newburyport, and Hyannis Har- devoted to the object but the ap-
;

bour. propriations for the repair and con-


12. On survey of La Plaisance tinuation of the Cumberland road,
Bay, in the territory of Michigan. for the construction of various other
And reports are now
prepared, roads, for the removal of obstruc-
and will be submitted to
Congress, tions from the rivers and harbours,
On surveys of the peninsula of for the erection of light-houses,
Florida, to ascertain the practica- beacons, piers, and buoys, and for
bility of a canal to connect the the completion of canals under-
waters of the Atlantic with the gulf taken by individual associations,
of Mexico, across that peninsula; but needing the assistance of means
and also of the country between and resources more comprehensive
the bays of Mobile and of Pensa- than individual enterprise can com-
cola, with the view of connecting mand, may be considered rather as
them together by a canal : treasures laid up from the contri-
On surveys of a route for a canal butions of the present age, for the
to connect the waters of James benefit of posterity, than as unre-
and Great Kenhawa rivers :
quited applications of the accruing
On Swash in
the survey of the revenues of the nation. To such
Pamlico Sound, and that of Cape objects of permanent improvement
Fear, below the town of Wilming- to the condition of the country, of
ton, in North Carolina : real addition to the wealth, as well
On the survey of the Muscle as to the comfort of the people by
Shoals, in the Tennessee river, and whose authority and resources they
for a route for a contemplated have been effected, from three to
communication between the Hi- four millions of the annual income
wassee and Coosa rivers, in the of the nation have, by laws enact-
state of Alabama. ed at the three most recent sessions
Other reports of surveys upon of Congress, been applied, without
objects pointed out by the several intrenching upon the necessities of
acts of Congress of the last and the treasury without adding a dol-
;

preceding sessions, are in the pro- lar to the taxes or debts of the com-
gress of preparation, and most of munity without suspending even
;

them may be completed before the the steady and regular discharge of
close of this session. All the offi- the debts contracted in former days,
cers of both corps of engineers, which, within the same three years,
with several other persons duly have been diminished by the
12] ANNUAL REGISTER, 1827-8-9.

amount of nearly sixteen millions the preservation of the public pro-


of dollars. perty deposited in them, have all
The same observations are, in a received from the executive the
great degree, applicable to the ap- attention required by that act, and
propriations made for fortifications will continue to receive it, steadily
upon the coasts and harbours of proceeding towards the execution
the United States, for the mainte- of all its purposes. The establish-
nance of the Military Academy at ment of a naval academy, furnish-
West Point, and for the various ob- ing the means of theoretic instruc-
jects under the superintendence of tion to the youths who devote their
the department of the navy. The lives to the service of their country
report of the secretary of the upon the ocean, still solicits the
navy, and those from the subordi- sanction of the legislature. Prac-
nate branches of both the military tical seamanship, and the art of

departments, exhibit to Congress, navigation, may be acquired upon


in minute detail, the present con- the cruises of the squadrons, which,
dition of the public establishments from time to time, are despatched
dependent upon them the execu-
;
to distant seas ; but a competent
tion of the acts of Congress rela- knowledge even of the art of ship
ting to them, and the views of the building, the higher mathematics,
officers engaged in the several and astronomy ; the literature which
branches of the service, concern- can place our officers on a level of
ing the improvements which may polished education with the officers
tend to their perfection. The for- of other maritime nations ; the
tification of the coasts, and the knowledge of the laws, municipal
gradual increase and improvement and national, which, in their inter-
of the navy, are parts of a great course with foreign states, and their
system of national defence, which governments, are continually call,
has been upwards of ten years in ed into operation ; and, above all,
progress, and which, for a series that acquaintance with the princi-
of years to come, will continue to ples of honour and justice, with the
claim the constant and persevering higher obligations of morals, and
protection and superintendence of of general laws, human and divine,
the legislative authority. Among which constitute the great distinc-
the measures which have emanated tion between the warrior patriot
from these principles, the act of and the licensed robber and pirate ;

the last session of Congress, for these can be systematically taught,


the gradual improvement of the and eminently acquired, only in a
navy, holds a conspicuous place. permanent school, stationed upon
The collection of timber for the the shore, and provided with the
future construction of vessels of teachers, the instruments, and the
war ; the preservation and repro- books, conversant with, and adapt-
duction of the species of timber ed to, the communication of the
peculiarly adapted to that purpose ; principles of these respective sci-
the construction of dry docks for ences to the youthful and inquiring
the use of the navy ; the erection mind.
of a marine railway for the repair The report from the post master
of the public ships, and the ini- general exhibits the condition of
provement of the navy yards for that department as highly satisfac-
PUBLIC DOCUMENTS. [13

tory for the present, and still more is the management and disposal of
promising for the future. Its re- that portion of the property of the
ceipts for the year ending the first nation which consists of the public
of July amounted to one mil-
last, lands. The acquisition of them,
lion fourhundred and seventy-three made at the expense of the whole
thousand five hundred and fifty-one Union, not only in treasure, but in
dollars, and exceeded its expendi- blood, marks a right of property in
tures by upwards of one hundred them equally extensive. By the
thousand dollars. It cannot be an report and statements from the
over sanguine estimate to predict general land office now communi-
that in less than ten years, of which cated, it appears, that under the
one" half have elapsed, the receipts present government of the United
will have been more than doubled. States, a sum little short of thirty-
In the mean time, a reduced ex- three millions of dollars has been
penditure upon established routes paid from the common treasury for
has kept, pace with increased facili- that portion of this property which
ties of public accommodation, and has been purchased from France
additional services have been ob- and Spain, and for the extinction
tained at reduced rates of compen- of the aboriginal tribes. The
sation. Within the last year the amount of lands acquired is near
transportation of the mail in stages two hundred and sixty millions of
has been greatly augmented. The acres, of which, on the first of Ja-
number of post offices has been in- nuary, 1826, about one hundred
creased to seven thousand ; and it and thirty-nine millions of acres
may be anticipated, that while the had been surveyed, and little more
facilities of intercourse between than nineteen millions of acres had
fellow citizens in person or by cor- been sold. The amount paid into
respondence, will soon be carried the treasury by the purchasers of
to the door of every the lands sold is not yet equal to
village in the
Union, a yearly surplus of revenue the sums paid for the whole, but
will accrue, which may be applied leaves a small balance to be re-
as the wisdom of Congress, under funded the proceeds of the sales
;

the exercise of their constitutional of the lands have long been pledged
powers, may devise, for the further to the creditors of the nation, a
establishment and improvement of pledge from which we have reason
the public roads, or by adding still tohope that they will in a very few
further to the facilities in the trans- years be redeemed. The system
portation of the mails. Of the upon which this great national in-
indications of the prosperous con- terest has been managed, was the
dition of our country, none can be result of long, anxious, and perse-
more pleasing, than those presented vering deliberations matured and
;

by the multiplying relations of per- modified by the progress of our


sonal and intimate intercourse be- population, and the lessons of ex-
tween the citizens of the Union perience, it has been hitherto emi-
dwelling at the remotest distances nently successful. More than nine
from each other. tenths of the lands still remain the
Among the subjects which have common property of the Union, the
heretofore occupied the earnest so- appropriation and disposal of which
licitude and attention of Congress, are sacred trusts in the hands of
14] ANNUAL REGISTER, 1827-8-9.

Congress. Of the lands sold, a There are various other subjects


considerable part were conveyed of deep interest to the whole union,
under extended credits, which, in which have heretofore been recom-
the vicissitudes and fluctuations in mended to the consideration of
the value oflands, and of their pro- Congress, as well by my prede-
duce, became oppressively burden- cessors as, under the impression
some to the purchasers. It can of the duties devolving upon me,
never be the interest, or the policy by myself. Among these are the
of the nation, to wring from its own debt rather of justice, than grati-
citizens the reasonable profits of tude, to the surviving warriors of
their industry and enterprise, by the revolutionary war the exten-
;

holding them to the rigorous import tion of the judicial administration


of disastrous engagements. In of the federal government, to
March, 1821, a debt of twenty-two those extensive and important mem-
millions of dollars, due by pur- bers of the union, which, having
chasers of the public lands, had risen into existence since the or-
accumulated, which they were un- ganization of the present judiciary
able to pay. An act of Congress establishment, now constitute at
of the 2d of March, 1821, came to least one third of its territory,
their relief, and has been succeed- power, and population the forma-
;

ed by others, the latest being the tion of a more effective and uniform
act of the 4th of May, 1826, the system government of the
for the

indulgent provisions of which ex- militia, and the amelioration, in


pired on the 4th of July last. The some form or modification, of the
effect of these laws has been to re- diversified and often oppressive
duce the debt from the purchasers codes relating to insolvency.
to a remaining balance of about Amidst the multiplicity of topics of
four millions three hundred thou- great national concernment which
sand dollars due ; more than three may recommend themselves to the
fifths of which are for lands within calm and patriotic deliberations of
the state of Alabama. I recom- the Legislature, it may suffice to
mend to Congress the revival and say, that on these and all other
continuance, for a further term, of measures which may receive their
the beneficent accommodations to sanction, my hearty co-operation
the public debtors, of that statute ; will be given, conformably to the
and submit to their consideration, duties enjoined upon rne, and under
in the same spirit of equity, the re- the sense of all the obligations pre-
mission, under proper discrimina- scribed by the constitution.
tions, of the forfeitures of partial
JOHN QUINCY ADAMS.
payments on account of purchases
of the public lands, so far as to Washington, December*, 1827.
allow of their application to other
payments.
PUBLIC DOCUMENTS. [15

the United States to the Twentieth Congress.


Message of the President of
Second Session.

Fellow Citizens of the Senate, of the Ottoman Porte, a nation


and of the House of Representatives :
from which geographical distance,
If the enjoyment in profusion of religious opinions, and maxims of
the bounties of Providence forms a government on their part, little
suitable subject of mutual gratula- suited to the formation of those
tion and grateful acknowledgment, bonds of mutual benevolence which
we are admonished, at this return result from the benefits of coin-
of the season, when the represen- merce, had kept us in a state, per-
tatives of the nation are assembled haps too much prolonged, of cold-
to deliberate upon their concerns, ness and alienation. The exten-
to offer up the tribute of fervent sive, fertile, and populous domi-
and grateful hearts, for the never- nions of the Sultan, belong rather
failing mercies of Him who ruleth to the Asiatic, than the European
over all. He has again favoured human family. They
division of the
us with healthful seasons, and enter but partially into the system
abundant harvests. He has sus- of Europe ; nor have their wars
tained us in peace with foreign with Russia and Austria, the Eu-
countries, and in tranquillity within ropean states upon which they bor-
our borders. He has preserved us der, for more than a century past,
in the quiet and undisturbed pos- disturbed the pacific relations of
session of civil and religious liberty. those states with the other great
He has crowned the year with his powers of Europe. Neither France,
goodness, imposing on us no other nor Prussia, nor Great Britain, has
conditions than of improving for ever taken part in them, nor is it
our own happiness the blessings to be expected that they will at this
bestowed by his hands and in the
;
time. The declaration of war by
fruition of all his favours, of devo- Russia has received the approba-
ting the faculties with which we tion or acquiescence of her allies,
have been endowed by him, to his and we may indulge the hope that
glory, and to our own temporal and its progress and termination will be
eternal welfare. signalized by the moderation and
In the relations of our federal forbearance, no less than by the
Union with our brethren of the energy of the Emperor Nicholas,
human race, the Changes which and that it will afford the opportu-
have occurred since the close of nity for such collateral agency in
your last session, have generally behalf of the suffering Greeks, as
tended to the preservation of peace, will secure to them ultimately the
and to the cultivation of harmony. triumph of humanity, and of free-
Before your last separation, a war dom.
had unhappily been kindled be- The state of our particular rela-
tween the empire of Russia, one tions with France has scarcely va-
of those with which our intercourse ried in the course of the present
has been no other than a constant year. The commercial intercourse
exchange of good offices, and that between the two countries has con-
16] ANNUAL REGISTER, 1827-8-9.

tinued to increase for the mutual ration of the several acts imposing
benefit of both. The claims of duties on imports, and by acts of
indemnity to numbers of our fellow more recent date of the British
citizens for depredations upon their Parliament. The effect of the in-
property, heretofore committed, terdiction of direct trade, com-
during the revolutionary govern- menced by Great Britain and re-
ments, remain unadjusted, and
still
ciprocated by the United States,
still form the subject of earnest has been, as was to be foreseen,
representation and remonstrance. only to substitute different channels
Recent advices frorn the minister for an exchange of commodities
of the United States at Paris, en- indispensable to the colonies, and
courage the expectation that the profitable to a numerous class of
appeal to the justice of the French our fellow citizens. The exports,
government will ere long receive the revenue, the navigation of the
a favourable consideration. United States, have suffered no di-
The last friendly expedient has minution by our exclusion from
been resorted to for the decision of direct access to the British colo-
the controversy with Great Britain, nies. The colonies pay more
relating to the northeastern boun- dearly for the necessaries of life,
dary of the United States. By an which their government burdens
agreement with the British govern- with the charges of double voy-
ment, carrying into effect the pro- ages, freight, insurance, and com-
visions of the fifth article of the mission, and the profits of our ex-
treaty of Ghent, and the convention ports are somewhat impaired, and
of 20th September, 1827, his ma- more injuriously transferred from
jesty, the king of the Netherlands, one portion of pur citizens to ano-
has, by common consent, been se- ther. The resumption of this old,
lected as the umpire between the and otherwise exploded system of
parties. The proposal to him to colonial exclusion, has not secured
accept the designation for the per- to the shipping interest of Great
formance of this friendly office, Britain, the relief which, at the ex-
will be made at an early day, and pense of the distant colonies, and
the United States, relying upon the of the United States, it was expect-
justice of their cause, will cheer- ed to afford. Other measures have
fully commit the arbitrament of it been resorted to, more pointedly
to a prince equally distinguished bearing upon the navigation of the
for the independence of his spirit, United States, and which, unless
his indefatigable assiduity to the modified by the construction given
duties of his station, and his inflex- to the recent acts of Parliament,,
ible personal probity. will be manifestly incompatible
Our commercial relations with with the positive stipulations of the
Great Britain will deserve the se- commercial convention existing
rious consideration of Congress, between the two countries. That
and the exercise of a conciliatory convention, however, may be ter-
and forbearing spirit in the policy minated with twelve months' notice,
of both governments. The state at the option of either party.
of them has been materially A treaty of amity, navigation,
changed by the act of Congress and commerce, between the United
passed at their last session, in alte- States and his majesty the empe-
PUBLIC DOCUMENTS. [17

ror of Austria, king of Hungary the United Netherlands, Sweden,


and Bohemia, has been prepared and Prussia. During those wars,
for signature by the Secretary of treaties with Great Britain and
State, and by the Baron de Lederer, Spain had been effected, and those
intrusted with full powers of the with Prussia and France renewed.
Austrian government. Indepen- In all these, some concessions to
dently of the new and friendly re- the liberal principles of intercourse
lations which may be thus com- proposed by the United States had
menced with one of the most emi- been obtained ; but as in all the
nent and powerful nations of the negotiations they came occasion-
earth, the occasion has been taken ally in collision with previous in-
in it, as in other recent treaties ternal regulations, or exclusive aud
concluded by the United States, excluding compacts of monopoly,
to extend those principles of liberal with which the other parties had
intercourse, and of fair recipro- been trammelled, the advances
city, which intertwine with the ex- made in them towards the freedom
changes of commerce the princi- of trade were partial and imperfect.
ples of justice, and the feelings of Colonial establishments, chartered
mutual benevolence. This sys- companies, and ship-building influ-
tem, proclaimed to the world
first ence, pervaded and encumbered
in the first commercial treaty ever the legislation of all the great com-
concluded by the United States, mercial states and the United
;

that of 6th of February, 1778, with States, in offering free trade, and
France, has been invariably the equal privilege to all, were com-
cherished policy of our Union. It pelled to acquiesce in many ex-
is by treaties of commerce alone
ceptions with each of the parties
that it can be made ultimately to to their treaties, accommodated to
prevail as the established system their existing laws and anterior
of all civilized nations. With this engagements.
principle our fathers extended the The colonial system, by which
hand of friendship to every nation this whole hemisphere was bound,
of the globe, and to this policy our has fallen into ruins. Totally abo-
country has ever since adhered lished revolutions, converting
by
whatever of regulation in our laws colonies into independent nations,
has ever been adopted unfavoura- throughout the two American con-
ble to the interest of any foreign tinents, excepting a portion of ter-
nation, has been essentially defen- ritory chiefly at the northern ex-
sive and counteracting to similar tremity of our own, and confined
regulations of theirs operating to the remnants of dominion re-
against us. tained by Great Britain over the
Immediately after the close of insular Archipelago, geographi-
the war of independence, commis- cally the appendages of our part
sioners were appointed by the Con- of the globe. With all the rest
gress of the confederation, autho- we have free trade even with the
rized to conclude treaties with insular colonies of all the Euro-
every nation of Europe disposed pean nations except Great Britain.
to adopt them. Before the wars Her government had also manifest-
of the French revolution, such trea- ed approaches to the adoption of a
ties had been consummated with free and liberal intercourse be-
3
ANNUAL REGISTER, 1827-6-9.

tween her colonies and other na- dered, examined, and decided upon,
tions, though,by a sudden and in a spirit of determined purpose

scarcely explained revulsion, the for the dispensation of justice. I


of exclusion has been revived
spirit have much pleasure in informing
for operation upon the United Congress that the fulfilment of this
States alone. honourable promise is now in pro-
The conclusion of our last treaty gress that a small portion of the
;

of peace with Great Britain was claims has already been settled to
shortly afterwards followed by a the satisfaction of the claimants ;
commercial convention, placing the and that we have reason to hope
direct intercourse between the two that theremainder will shortly be
countries upon a footing of more placed in a train of equitable ad-
equal reciprocity than had ever justment. This result has always
before been admitted. The same been confidently expected, from
principle has since been much far- the character of personal integrity
ther extended, by treaties with and of benevolence which the so-
France, Sweden, Denmark, the vereign of the Danish dominions
Hanseatic cities, Prussia in Eu- has, through every vicissitude of
rope, and with the republics of fortune, maintained.
Colombia, and of Central America, The general aspect of the affairs
in this hemisphere. The mutual of our neighbouring American na-
abolition of discriminating duties tions of the south, has been rather
and charges, upon the navigation of approaching than of settled tran-
and commercial intercourse be- quillity. Internal disturbances have
tween the parties, is the general been more frequent among them
maxim which characterizes them than their common friends would
all. There is reason to expect have desired. Our intercourse with
that it will, at no distant period, be all has continued to be that of
adopted by other nations, both of friendship, and of mutual good will.
Europe and America, and to hope Treaties of commerce and of boun-
that, by its universal prevalence, daries with the United Mexican
one of the fruitful sources of wars states have been negotiated, but,
of commercial competition will be from various successive obstacles,
extinguished. not yet brought to a final conclu-
Among the nations upon whose sion. The civil war which unfor-
governments many of our fellow tunately still prevails in the repub-
citizens have had long pending lic of Central America, has been
claims of indemnity, for depreda- unpropitious to the cultivation of
tions upon their property during a our commercial relations with
period when the rights of neutral them ;
and the dissentions and re-
commerce were disregarded, was volutionary changes in the repub-
that of Denmark. They were, lics of Colombia and of Peru, have
soon after the events occurred, the been seen with cordial regret by
subject of a special mission from us, who would gladly contribute to
the United States, at the close of the happiness of both. It is with
which the assurance was given, by great satisfaction, however, that
his Danish majesty, that, at a pe- we have witnessed the recent con-
riod of more tranquillity, and of clusion of a peace between the
less distress, they would be consi-
governments of Buenos Ayres and
PUBLIC DOCUMENTS. [19

Brazil and it is equally gratifying


;
leave in the treasury, on the first
to observe that indemnity has been of January next, the sum of five
obtained for some of the injuries millions one hundred and twenty-
which our fellow citizens had sus- five thousand six hundred and
tained in the latter of those coun- thirty-eight dollars, fourteen cents.
tries. The rest are in a train of ne- The receipts of the present year
gotiation, which we hope may ter- have amounted to near two mil-
minate to, 'mutual satisfaction, and lions more than was anticipated at
that it
may be succeeded by a treaty the commencement of the last ses-
of commerce and navigation, upon sion of Congress.
liberal principles, propitious to a The amount of duties secured
great and growing commerce, al- on importations from the first of
ready important to the interests of January to the 30th of September,
our country. was about twenty-two millions nine
The condition and prospects of hundred and ninety-seven thou-
the revenue are more favourable sand, and that of the estimated
than our most sanguine expecta- accruing revenue is five millions ;

tions had anticipated. The balance leaving an aggregate for the year
in the treasury, on the first of Ja- of near twenty-eight millions. This
nuary last, exclusive of the moneys is one million more than the esti-
received under the convention of mate made last December for the
13th November, 1826, with Great accruing revenue of the present
Britain, was five millions eight year, which, with allowances for
hundred and sixty-one thousand drawbacks and contingent defi-
nine hundred and seventy-two dol- ciencies, was expected to produce
lars and eighty-three cents. The an actual revenue of twenty-two
receipts into the treasury from the millions three hundred thousand
first of January to the 30th of Sep- dollars. Had these only been re-
tember last, so far as they have alized, the expenditures of the year
been ascertained to form the basis would have been also proportion-
of an estimate, amount to eighteen ally reduced. For of these twenty,
millions six hundred and thirty- four millions received, upwards of
three thousand nine hundred and nine millions have been applied to
eighty dollars and twenty-seven the extinction of public debt bear-
cents, which, with the receipts of ing an interest of six per cent, a
the present quarter, estimated at year, and of course reducing the
five millions four hundred and burden of interest annually paya-
sixty-one two hundred
thousand ble in future, by the amount of
and eighty-three dollars and forty more than half a million. The
cents, form an aggregate of re- payments on account of interest
ceipts during the year of twenty- during the current year, exceed
four millions and ninety-four thou- three millions of dollars ; present-
sand eight hundred and sixty-three ing an aggregate of more than
dollars and sixty-seven cents. The twelve millions applied during the
expenditures of the year may pro- year to the discharge of the public
bably amount to twenty-five mil- debt, the whole of which remain-
lions sixhundred and thirty-seven ing due on the first of January
thousand five hundred arid eleven next, will amount only to eight
dollars and sixty-three cents and ; millions three hundred and sixty-
20] ANNUAL REGISTER, 1827-8-9.

two thousand one hundred and thir- experienced in the revolutions of


ty-fivedollars and seventy-eight time, but the first of several scanty
cents. harvests in succession. We
may
That the revenue of the ensuing consider it certain that, for the ap-
year will not fall short of that re- proaching year, it has added an
ceived in the one now expiring, item of large amount to the value
there are indications which can of our exports, and that jt will pro-
scarcely prove deceptive. In our duce a corresponding increase of
country, an uniform experience of importations. It may, therefore,

forty years has shown that whate- confidently be foreseen, that the
ver the tariff of duties upon articles revenue of 1829 will equal, and
imported from abroad has been, probably exceed, that of 1828, and
the amount of importations has al- will afford the means of extinguish-

ways borne an average value near- ing ten millions more of the princi-
ly approaching to that of the ex- pal of the public debt.
ports, though occasionally differing This new element of prosperity
in the balance, sometimes being to that part of our agricultural in-
more, and sometimes less. It is, in- dustry which is occupied in produ-
deed, a general law of prosperous cing the first article of human sub-
commerce, that the real value of sistence, is of the most cheering
exports should, by a small, and on- character to the feelings of patriot-
ly a small balance, exceed that of ism. Proceeding from a cause
'mports, that balance being a per- which humanity will view with con-
manent addition to the wealth of cern, the sufferings of scarcity in
the nation. The extent of the pros- distant lands, it yields a consola-

perous commerce of the nation tory reflection, that this scarcity is


must be regulated by the amount in no respect attributable to us.
of its exports ; and an important That it comes from the dispensa-
addition to the value of these will Him who ordains all in wis-
tion of
draw after it a corresponding in- dom and goodness, and who permits
crease of importations. It has evil itself only as an instrument of
happened, the vicissitudes of the
in good. That, far from contributing
seasons, that the harvests of all Eu- to this scarcity, our agency will be
rope have, in the late summer and applied only to the alleviation of
autumn, fallen short of their usual its severity; and that in
pouring
average. A
relaxation of the in- forth, from the abundance of our
terdict upon the importion of grain own garners, the supplies which
and flour from abroad has ensued ;
will partially restore plenty to those
a propitious market has been open- who are in need, we shall our-
ed to the granaries of this country; selves reduce our stores, and add
and a new prospect of reward pre- to the price of our own bread, so
sented to the labours of the hus- as in some degree to participate in-
bandman, which, for several years, the wants which it will be the good
has been denied. This accession fortune of our country to relieve.
to the profits of agriculture in the The great interests of an agri-
middle and western portions of our cultural, commercial, and manufac-
Union, is accidental and temporary. turing nation, are so linked in
It may continue only for a single union together, that no permanent
year. It may be, as has been often cause of prosperity to one of them
PUBLIC DOCUMENTS. 131

can operate without extending its of the northern and eastern part of
influence to the others. All these our Union. It refuses even the

interests are alike under the pro- rice of the south, unless aggrava-

tecting power of the legislative ted with a charge of duty upon the
authority ; and the duties of the re- northern carrier who brings it to
presentative bodies are to conciliate them. But. the cotton, indispensa-
them iu harmony together. So far ble for their looms, they will re-
as the objeect of taxation is to raise ceive almost duty free, to weave it
a revenue for discharging the debts, into a fabric for our own wear, to the
and defraying the expenses of the destruction of our own manufac-
community, it should as much as tures, which they are enabled thus
possible suit the burden with equal to undersell. Is the self-protect-
hand upon all, in proportion with ing energy of this nation so help*
their ability of bearing without
it less, that there exists in the politi-
oppression. But the legislation of cal institutions of our country, no
one nation is sometimes intention- power to counteract the bias of this

ally made to bear heavily upon the foreign legislation ? that the grow-
interests of another. That legis- ers of grain must subnait to this ex-
lation, adapted, as it is meant to clusion from the foreign markets
be, to the special interests of its of their produce ; that the shippers
own people, will often press most must dismantle their ships, the trade
unequally upon the several com- of the north stagnate at the wharves,
ponent interests of its neighbours. and the manufacturers starve srf f
Thus, the legislation of Great Bri- their looms, while the whole peo?
tain, when, as has recently been pie shall pay tribute to foreign in-
avowed, adapted to the depression dustry to be clad in a foreign garb ;
of a rival nation, will naturally that the Congress of the Union are
abound with regulations of inter- impotent to restore the balance in
dict upon the productions of the favour of native industry destroyed
soil or industry of the other which by the statutes of another realm ?
come in competition with its own ; More just and more generous sen-
and will present encouragement, timents will, I trust, prevail. If the
perhaps even bounty, to the raw tariff adopted at the last session
material of the other state, which of Congress, shall be found by ex-
it cannot produce itself, and which perience to bear oppressively upon
isessential for the use of its manu- the interests of any one section of
factures, competitors in the mar- the Union, ought to be, and I
it

kets of the world with those of its cannot doubt will be, so modified
it

commercial rival. Such is the as to alleviate its burden. To the


state of the commercial voice of just complaint from any
legislation
of Great Britain as it bears upon portion of their constituents," the
our interests. It excludes, with in- representatives of the states and
terdicting duties, all importations, people will never turn away their
(except in time of approaching ears. But so long as the duty of
famine) of the great staple produc- the foreign shall operate only as a
tions of our Middle and Western
bounty upon the domestic article
States it
; proscribes, with equal while the planter, and the mer-
rigour, the bulkier lumber and live chant, and the shepherd, and the
stock of the same portion, and also husbandman, shall be found thriv-
22] ANNUAL REGISTER, 1827-8-9.

ing in their occupations under the The tariff of the


last session was,
duties imposed for the protection in its details, notacceptable to the
of domestic manufactures, they will great interests of any portion of the
not repine at the prosperity snared Union, not even to the interests
with themselves by their fellow which it was especially intended
citizens of other professions, nor to subserve. Its object was to ba-

denounce, as violations of the con- lance the burdens upon native in-
stitution, the deliberate acts of con- dustry imposed by the operation of
gress to shield from the wrongs of foreign laws but not to aggravate
;

foreign laws the native industry of the burdens of one section of the
the Union. While the tariff of the Union by the relief afforded to an-
last session of Congress was a sub- other. To
the great principle sanc-
ject of legislative deliberation, it tioned by that act, one of those up-
was foretold by some of its oppo- on which the Constitution itself was
sers that one of its necessary con- formed, I hope and trust the au-
sequences would be to impair the thorities of the Union will adhere.
revenue. It is yet too soon to pro- But if any of the duties imposed
nounce, with confidence, that this by the act only relieve the manu-
prediction was erroneous. The facturer by aggravating the bur-
obstruction of one avenue ofirade den of the planter, let a careful
not unfrequently opens an issue to revisal of its provisions, enlighten-
another. The consequence of the ed by practical experience of its

tariff will be to increase the expor- effects, be directed to retain those


tation, and to diminish the impor- which impart protection to native
tation of some specific articles. industry, and remove or supply the
But, by the general law of trade, place of those which only alleviate
the increase of exportation of one one great national interest by the
article will be followed by an in- depression of another.
creased importation of others, the The United States of America,
duties upon which will supply the and the people of every state of
deficiencies, which the diminished which they are composed, are each
importation would otherwise occa- of them sovereign powers. The
sion. The effect of taxation upon legislative authority of the whole
revenue can seldom be foreseen is exercised
by Congress, under
with certainty. It must abide the authority granted them in the com-
test of experience. As yet, no mon constitution. The legisla-
symptoms of diminution are per- tivepower of each state is exerci-
ceptible in the receipts of the trea- sed by assemblies deriving their
sury. As yet, little addition of authority from the constitution of
cost has even been experienced the state. Each is sovereign with-
upofl the articles burthened with in its province. The distribu-
own
heavier duties by the last tariff. tion of power between them, pre-
The domestic manufacturer sup- supposes that these authorities will
plies the sam <3 r a kindred article move in harmony with each other.
at a diminished price, and the con- The members of the state and ge-
sumer pays the same tribute to the neral governments are all under
labour of his own countryman, oath to support both, and alle-
which he must otherwise have paid giance is due to the one and to the
to foreign industry and toil. other. The case of a conflict be-
PUBLIC DOCUMENTS. [23

tween these two powers has not The attention of Congress is


been supposed nor has any pro-
; particularly invited to that part of
vision been made for it in our insti- the report of the secretary of war
tutions ;
as a virtuous nation of an- which concerns the existing sys-
cient times existed more than five tem of our relations with the In-
centuries without a law for the pun- dian tribes. At the establishment
ishment of parricide. of the federal government, under
More than once, however, in the the present Constitution of the Uni-
progress of our history, have the ted States, the principle was adopt-
people and the legislatures of one ed of considering them as foreign
or more states, in moments of ex- and independent powers ;
and also
citement, been instigated to this as of lands.
proprietors They
conflict and the means of affect-
; were, moreover, considered as sa-
ing this impulse have been allega- vages, whom it was our policy and
tions that the acts of Congress to our duty to use our influence in
be resisted were unconstitutional. converting to Christianity, and in
The people of no one state have bringing within the pale of civiliza-
ever delegated to their legislature tion.
the power of pronouncing an act of As independent powers, we ne-
Congress unconstitutional but they ; gotiated with them by treaties ; as
have delegated to them powers, by proprietors, we purchased of them
the exercise of which the execu- all the lands which we could
pre-
tion of th%laws of Congress with- vail upon them to sell ; as breth-
in the state be resisted. If we
may ren of the human race, rude and
suppose the case of such conflict- ignorant, we endeavoured to bring
ing legislation sustained by the them to the knowledge of religion

corresponding executive and judi- and of letters. The ultimate de-


cial authorities, Patriotism and Phi- sign was to incorporate in our own
lanthropy turn their eyes from the institutions that portion of them
condition in which the parties would which could be converted to the
be placed, and from that of the state of civilization. In the prac-
people of both, which must be its tice of European states, before our
victims. revolution, they had been consider-
The reports from the Secretary ed as children to be governed ; as
of War, and from the various sub- tenants at discretion, to be dispos-
ordinate offices of the resort of that sessed as occasion might require ;
department, present an exposition as hunters, to be indemnified by
of the public administration of af- trifling concessions for removal
fairs connected with them,
through from the grounds upon which their
the course of the current
year. The game was extirpated. In chang-
present state of the army, and the ing the system, it would 'seem as if
distribution of the force of which a full contemplation of the conse-
it is
composed, will be seen from the quences of the change had not been
re port of the Major General. Seve- taken. We have been far more
ral alterations in the successful in the acquisition of their
disposal of the
troops have been found expedient lands than in imparting to them the
in the course of the year, and the
principles, or inspiring them with
discipline of the army, though not the spirit of civilization. But in
entirely free from exception, has appropriating to ourselves their
been generally good.
ANNUAL REGISTER, 1827-8-9.

hunting-grounds, we have brought navy, prepares for our extensive


upon ourselves the obligation of country a condition of defence
providing them with subsistence ; adapted to any critical emergency
and when we have had the rare which the varying course of events
good fortune of teaching them the may bring forth. Our advances
arts of civilization, and the doc- in these concerted systems have
trines of Christianity, we have un- for the last ten years been steady
expectedly found them forming, in and progressive ; and in a few
the midst of ourselves, communities years more will be so completed as
claiming to be independent of ours, to leave no cause for apprehension
and rivals of sovereignty within the that our sea coast will ever again
territories of the members of our offer a theatre of hostile invasion.
Union. This state of things re- The next of these cardinal mea-
quires that a remedy should be pro- sures of policy, is the preliminary
vided. A remedy which, while it to great and lasting works of pub-
shall do justice to those unfortunate lic improvement, in the surveys of
children of nature, may secure to roads, examination for the course
the members of our confederation of canals, and labours for the remo-
their rights of sovereignty and of val of the obstructions of rivers and
soil. As the outline of a project to harbours, first commencod by the
that effect, the views presented in act of Congress of 30th April,
the report of the secretary of war 1824.
are recommended to the consider- The report exhibits i% one table
ation of Congress. the funds appropriated at the last
The report from the engineer and preceding sessions of Congress,
department presents a comprehen- for all these fortifications, surveys,
sive view of the progress which and works of public improvement ;

has been made in the great systems themanner in which these funds
promotive of the public interest, have been applied, the amount ex-
commenced and organized under pended upon the several works
the authority of Congress, and the under construction, and the further
effects of which have already con- sums which may be necessary to
tributed to the security, as they will complete them. In a second, the
hereafter largely contribute to the works projected by the board of
honour and dignity of the nation. engineers, which have not been
The first of these great systems commenced, and the estimate of
is that of fortifications, commenced their cost.
immediately after the close of our In a third, the report of the an-
last war, under the salutary experi- nual board of visiters at the Mili-
ence which the events of that war tary Academy at West Point.
had impressed upon our country- For thirteen fortifications erected
men of its necessity. Introduced on various points of our Atlantic
under the auspices of my immedi- coast from Rhode Island to Loui-
ate predecessor, it has been con- siana, the aggregate expenditure of
tinued with the persevering and libe- the year has fallen a little short of
ral encouragement of the legisla- one million of dollars.
ture ;
and combined with corres- For the preparation of five ad-

ponding exertions for the gradual ditional reports of reconnoissances


increase and improvement of the and surveys since the last session
PUBLICDOCUMENTS. [25

of Congress, for the civil construe- increase the comforts, and enhance
tions upon thirty-seven different the enjoyments of individuals the
public works commenced, eight instruction acquired at West Point
others ifo.r which specific appropria- enlarges the dominion and expands
tions have been made by acts of the capacities of the mind. Its

Congress, aad twenty other inci- beneficial results are already expe-
pient surveys under the authority rienced in the composition of ,the
given by the act of 30lh April, army, and their influence is felt in
1824, about one million more of .the intellectual progress of society,
dollars have been drawn from the The institution is susceptible .still
treasury. of great improvement from bene-
To these two millions of dollars factions proposed by several suc-
are to be added the appropriation of cessive boards of visitors, to whose
'250,000 dollars, to commence the earnest and repeated recommend,
erection of a breakwater near the ations I cheerfully a8d*inyown.
mouth of the Delaware river the ;
With the usual annual reports
subscriptions to the Delaware and from the Secretary of the Navy
Chesapeake, the Louisville and and the Board of Commissioners,
Portland, the Dismal Swamp, and will be exhibited to the view of
the Chesapeake and Ohio canals ; Congress the execution of the laws
the large donations of lands to the relating to that department of the
states of Ohio, Indiana, Illinois, public service. The repression of
and Alabama, for objects of im- piracy in the West Indian and in the
provements within those states, and Grecian seas, has been effectually
the sums appropriated for light maintained, with scarcely any ex-
houses, buoys, and piers, on 4he ception. During the war between
coast, and a full view will be taken the governments of Buenos Ayres
of the munificence of the nation in and of Brazil, frequent collisions
application of its resources to the between belligerent acts of power
improvement of its own condition. and the rights of neutral commerce
Of these great national under- occurred. Licentious blockades,
takings, the Academy at West irregularly enlisted or impressed
Point is among the most important seamen, and the property of horu
in itself, and the most comprehen- est commerce seized with violence,
sive in its consequences. In that arid even plundered under legal
institution, a part of the revenue pretences, are disorders never
of the nation is applied to defray separable from the conflict of wars
the expense of educating a compe- upon the ocean. With a portion
tent portion of her youth, chiefly of them, the correspondence of our
to the knowledge and duties of commanders on the eastern aspect
military life. It is the living armo- of the South American coast, and
ry of the nation. \ While the other among the islands of Greece, dis-
works of improvement enumerated cover how far we have been invol-
in the reports now presented.to the ved. In these, the honour of our
attention of Congress, are destined country and the rights of our citi-
to ameliorate the face of nature ; zens have been asserted and vindi-
to multiply the facilities of commu- cated. The appearance of new
nication between the c^iffe rent: parts squadrons in the Mediteranean,
of the. Union ;.to assist the labours, and the blockade of the Darda-
4
ANNUAL REGISTER, 1827-8-9.

nelles, indicate the danger of other preservation for the future uses of
obstacles to the freedom of com- the navy. Arrangements have been
merce, and the necessity of keep- made for the preservation of the
ing our naval force in those seas. live oak timber growing on the
To the suggestions repeated in the lands of the United States, and for
report of the Secretary of the Na- itsreproduction, to supply, at fu-
vy, and tending to the permanent ture and distant days, the waste
improvement of this institution, I of that most valuable material for
invite the favourable consideration ship building, by the great con-
of Congress. sumption of it
yearly for the com-
A resolution of the House of mercial, as well as for the military
Representatives, requesting that marine of our country. The con-
one of our small public vessels struction of the two dry docks at
should be sent to the Pacific ocean Charlestown and at Norfolk, is ma-
and South Sea, to examine the king satisfactory progress towards
coasts, islands, harbours, shoals, a durable establishment. The ex-
and reefs, in those seas, and to as- aminations and inquiries to ascer-
certain their true situation and des- tain the practicability and expedien-
cription, has been put in a train of cy of a marine railway at Pensa-
execution. The
vessel is nearly cola, though not yet accomplished,
ready to depart ; the successful ac- have been postponed, but to be
complishment of the expedition more effectually made. The navy
may be greatly facilitated by suit- yards of the United States have
able provisions ; and
legislative been examined, and plans for their
particularly by an appropriation to improvement, and the preservation
defray its
necessary expense. The of the public property therein, at
addition of a second, and, perhaps, Portsmouth, Charlestown, Philadel-
a third vessel, with a slight aggra- phia, Washington, and Gosport,
vation of the cost, would contribute and to which two others are to
much to the safety of the citizens be added, have been prepared, and
embarked on this undertaking, the received my sanction ;
and no
results of which may be of the other portion of my duties has been
deepest interest to our country. performed with more intimate con-
With the report of the Secretary viction of its importance to the fu-
of the Navy, will be submitted, in ture welfare and security of the
conformity to the act of Congress Union.
of third March, 1827, for the gra- With the report of the Postmas-
dual improvement of the navy of ter General, is exhibited a compa-
the United States, statements of the rative view of the gradual increase
expenditures under that act, and of of that establishment, from five to
the measures taken for carrying five years, since 1792, till this time
the same Every sec-
into effect. in the number of post offices, which
tion of that statute contains a dis- has grown from less than two hun-
tinct provision, looking to the great dred to nearly eight thousand ; in
object of the whole, the gradual the revenue yielded by them, from
improvement of the navy. Under sixty-seven thousand dollars, which,
its salutary sanction, stores of
ship- has swollen to upwards of a million
timber have been procured, and and a half, and in the number of
are in process of seasoning and miles of post roads, which, from
PUBLIC DOCUMENTS. [27

five thousand six hundred and forty- been accomplished. The authori-
two, have multiplied to one hundred ty of further legislation is now re-
and fourteen thousand five hundred quired tor the removal to this tene-
and thirty-six. While, in the same ment of the offenders against the
period of time, the population of laws, sentenced to atone by person-
the Union has about thrice doubled, al confinement for their crimes,
the rate of increase of these offices and to provide a code for their em-
is nearly forty, and of the revenue, ployment and government while
and of travelled miles, from twenty thus confined.
to twenty-five for one. The in- The Commissioners appointed
crease of revenue, within the last comformably to the act of 2d
to provide for the ad-
five years, has been nearly equal March, 1827,
to the whole revenue of the depart- justment of claims of persons en-
ment in 1812. titled indemnification under the
to
Theexpenditures of the depart- of the treaty of Ghent,
first article

ment during the year which ended and for the distribution among such
on the first of July last, have ex- claimants of the sum paid by the
ceeded the receipts by a sum of government of Great Britain un-
about twenty-five thousand dollars. der the convention of 13th No-
The excess has been occasioned vember, 1826, closed their labours
by the increase of mail conveyan- on the 30th of August last, by
ces and facilities, to the extent of awarding the claimants the sum of
near eight hundred thousand miles. one million one hundred and nine-
It has been supplied by collections ty-seven thousand four hundred and
from the postmasters, of the arrear- twenty-two dollars and eighteen
ages of preceding years. While cents leaving a balance of seven
;

the correct principle seems to be, thousand five hundred and thirty-
that the income levied by the de- seven dollars and eighty-two cents,
partment should defray all its ex- which was distributed rateably
penses, it has never been the poli- amongst all the claimants to whom
cy of this government to raise from awards had been made, according
this establishment any revenue to to the directions of the act.
be applied to any other purposes. The exhibits appended to the
The suggestion of the Postmaster report from the Commissioner of
General, that the insurance of the the General Land Office, present
safe transmission of moneys by the the actual condition of that com-
mail might be assumed by the de- mon properly of the Union. The
partment, for a moderate and com- amount paid into the Trea ry >

petent remuneration, will deserve from the proceeds of lands, du-


the consideration of Congress. ring the year 1827, and the first
A report from the Commissioner half of 1828, falls little short of
of public buildings in this city ex- two millions of dollars. The pro-
hibits the expenditures upon them priety of further extending the time
in the course of the current year. for the extinguishment of the debt
It will be seen that the humane due to the United States by the
and benevolent intentions of Con- purchasers of the public lands,
gress in providing, by the act of limited, by the act of 21st March
20th May, 1826, for the erection of last, to the fourth of July next, will
a penitentiary in this district, have claim the consideration of Con-
28] ANNUAL REGISTER, 1827-8-9,

gress, to whose vigilance and care- more convenient to commence the


ful attention, the regulation, dispo- enumeration from an earlier period
sal,and preservation of this great of the year than the first of August.
national inheritance, has by the Peo- The most favourable season would
ple of the United States been in- be the Spring. On a review oi
trusted. the former enumerations, it will be
Among the important subjects to found that the plan for taking every
which the attention of the present census has contained improvements
Congress has already been invited, upon that of its predecessor. The
and which may occupy their further last is still susceptible of much im-
and deliberate discussion, will be provement. The third census was
the provision to be made for taking the first of which any account was
the fifth census or enumeration of taken of the manufactures of the
the inhabitants of the United States. country. It was repeated at the
The constitution of the United lastenumeration, but the returns in
States requires that this enumera- both cases were"-necessarily very
tion should be made within every imperfect. They must always be
term often years, and the date from so, resting of course only on the
communications voluntarily made
'

which the last enumeration com-


menced was the first Monday of by individuals interested in some
August of the year 1820. The laws of the manufacturing establish-
under which the former enumera- ments. Yet they contained much
tions were taken, were enacted at* valuable information, and may, by
the session of congress immediately some supplementary provision of
preceding the operation. But con- the law, be rendered
^
more effec-
siderable inconveniencies were ex- tive. The columns of age, com-
perienced from the delay of legis- mencing from infancy, have hither-
lation to so late a period. That to been confined to a few periods,
law, like those of the preceding all under the number of 45 years.

enumerations, directed that the Important knowledge would be ob-


census should be taken by the mar- tained by extending those columns,
shals of the several districts and in intervals of ten years, to the
territories, under instructions from utmost boundaries of human life.
the secretary of state. The prepa- The labour of taking them would
ration and transmission to the mar- be a trifling addition to that already
shals of those instructions, required prescribed, and the result would
more time than was then allowed be- exhibit comparative tables of lon-
tween the passage of the law and gevity highly interesting to the
the day when the enumeration was country. 1 deem it my duty further
to commence. The term of six to observe, that much of the imper-
months, limited for the returns of fections in the returns of the last,
the marshals, was also found even and perhaps the preceding enume-
then too short and must be more
; rations, proceeded from the inade-
so now, when an additional popu- quateness of the compensation al-
lation of at least three millions lowed to the marshals and their as-
must be presented upon the returns. sistants in taking them.
As they are to be made at the short In closing this Communication, "it

session of congress, it would, as well only remains for me to assure the


as from otiwr considerations, be legislature of my continued earnest,
PUBLIC DOCUMENTS. [29

wish for the adoption of measures vision which may receive their
recommended by me heretofore, sanction during the session, tending
and yet to be ac ed on by them ;
to the general welfare.
and of the cordial concurence on JOHN QUINCV. ADAMS.
my part in every constitutional pro- Washington, December 2, 1828.

PANAMA DOCUMENTS.
INSTRUCTIONS GENERAL.

To RICHARD C. ANDERSON and JOHN SERGEANT, Esqs. appointed Envoys


Extraordinary and Ministers Plenipotentiary of the United States to the
Congress at Panama.
consistency with all their previous
Department of State, conduct and professions, in respect
Washington, 8th May, 1826. to the New American States. The
GENTLEMEN: The relations in assembling of a congress at Panama,
which the United States' stand to composed of diplomatic represen-
the other American powers, and tatives from independent American
the duties, interests,, and sympa- nations, will form a new epoch in
thies, which belong to those rela- human affairs. The fact itself,
tions, have determined the presi- whatever may be the issue of the
dent to accept an invitation which conferences of such a congress,
has been given by the republics of cannot fail to challenge the atten-
Colombia, Mexico and Central tion of the present generation of
America, to the United States, to the civilized world, and to cbnv
send representatives to the congress mand that of posterity. But the
at Panama. He could not, indeed, hope is confidently indulged, that
have declined an invitation pro- it have other and stronger
will

ceeding from sources so highly re- claims upon the regard of mankind,
spectable, and communicated in Ihe than any which arise out of the
most delicate and respectful man- mere circumstance of its novelty ;

ner, without subjecting the United and that it will entitle itself to the
States to the reproach of insensi- affection and lasting gratitude of
bility to thedeepest concerns of the all America, by the wisdom and
American hemisphere, and, per- liberality of its principles, and by
haps, to a want of sincerity in most the new guaranties it
may create
important declarations, solemnly for the great interests which will
made by his predecessor, in the face
engage its deliberations. On an
of the Old and the New World. In occasion so highly important and
yielding, therefore, to the friendly responsible, the president has been
wishes of those three republics, desirous that the representation
communicated in the notes of their from the United States should be
respective ministers, at Washing- composed of distinguished citizens.
ton, of which copies are herewith, Confiding in your zeal, ability, and
the United States act in perfect patriotism, by and with the advice
30J ANNUAL REGISTER, 1827-8-9.

and consent of the senate, he has contradistinction to a body clothed


selected you for this interesting with powers of ordinary legisla-
service. And it is his wish that tion ; that is to say, no one ot the
you should proceed, with all prac- states represented is to be consid-
ticable despatch, to Panama. For ered bound by any treaty, conven-
the purpose of carrying out Mr. tion, pact, or act, to which it does
Sergeant, the United States ship not subscribe, and expressly as-
Lexington has been prepared, and sent by its acting representative ;
is now ready to sail from the and that in the instance of treaties,
port
of New York, to Porto Bello. Mr. conventions, and pacts, they are to
Anderson, having been notified of be returned, for final ratification, to
his appointment, has been directed each contracting state, according
to leave the affairs of the United to the provisions of its particular
State at Bogota in the charge of constitution. All idea is, there-
such person as he may, for that fore, excluded of binding a minori-
purpose, designate, and to join Mr. ty to agreements and acts contra-
Sergeant at Porto Bello, from ry to its will, by the mere circum-
whence it is supposed it will be stance of a concurrence of a ma-
most convenient to proceed, by jority of the states in those agree-
land across the isthmus to Panama. ments and acts. Each state will,
Ministers from several of the pow- consequently, be governed and left
ers have, probably by this time, free, according to its own sense of
reached that place, and they may its particular interests. All notion
even have proceeded to a compa- is rejected of an Amphyctionic
rison of their respective creden- council, invested with power final-
tials, and to conferences on some ly to decide controversies between
of the objects of the Congress ;
the American states, or to regu-
but it is probable they will have late, in any respect, their conduct.
deferred, until your arrival, a con- Such a council might have been
sideration of those deliberations in well enough adapted to a number
which it was expected we should of smail, contracted states, whose
take part. united territory would fall short of
Your power, accompanying this the extent of that of the smallest of
letter, is joint and several, authori- the American powers. The compli-
zing you to confer and treat with cated and various interests which
ministers, also, duly authorized, appertain to the nations of this vast
from or any of the American
all continent, cannot be sately confi-
powers, of peace, friendship, com- ded to the superintendence of one
merce, navigation, maritime law, legislative authority. We should
neutral and belligerent rights, and almost as soon expect to see an
other matters interesting to the con- Amphyctionic council to regulate
tinent of America. After the mu- the affairs of the whole globe. But
tual exchange of powers, it will be even if it were desirable to estab-
necessary to determine the forms lishsuch a tribunal, it is beyond
of deliberation, and the modes of the competency of the government
proceeding, of the Congress. It of the United States voluntarily to
is distinctly understood by the assent to it, without a previous
President, that it is to be regarded, change of their actual constitution.
in all respects, as diplomatic, in Although the speculation of such
PUBLIC DOCUMENTS. [31

a council has been sometimes by protocol, in which the mutual


made, and associated in the pub- propositions of the parties, together
liepapers with the contemplated with such concise observations as
Congress, we can hardly antici- any of them desire to have preserv-
pate that it will be seriously press- ed, are carefully recorded. But
ed by any of the powers. The you are left free to agree to that

Congresses which have been so mode of proceeding, with the indis-


common in Europe, especially with- pensable limitation before stated,
in these later times, have been al- which, under all circumstances,
together diplomatic, and, conse- shall appear to you most advisable.
quently, the states whose ministers Your power conveys an authority
composed them, were only bound to treat with all or any of the Na-
by their signatures. With this tions represented at the Congress,
necessary and indispensable re- on any of the subjects comprised in
striction upon the action of the Con- your instructions. And on those,
gress, great advantages may, ne- especially, of commerce and navi-
vertheless, be derived from an as- gation, maritime law, and neutral
sembly, at the same time and place, and belligerent rights, it is the Pre-
of ministers from all the American sident's wish, that, if those interests
nations. Such an assembly will cannot be adjusted satisfactorily to
afford great facilities for free and allthe attending Powers, you should
friendly conferences, for mutual form, nevertheless, treaties with
and necessary explanations, and such as may be disposed to con-
for discussing and establishing clude them with you. But, in the
some general principles, applica- conduct of any such separate ne-
ble to peace and war, to commerce gotiations, you will carefully avoid
and navigation, with the sanction giving any occasion of offence to
of all America. Treaties may be those powers who may decline
concluded, in the course of a few treating ; and, if you should have
months, such a Congress, laying
at
strong reason to believe that the
the foundation of lasting amity and fact itself, of opening such separate
good neighbourhood, which it would negotiations, would have the ten-
require many years to consummate, dency of creating unfriendly feel-
if, indeed, they would be at all ings and relations with other Ame-
practicable, by separate and suc- rican Powers, you will decline en-
cessive negotiations, conducted be- tering on them altogether. You
tween the several powers, at differ- are also authorized to agree upon
ent times and places. a transfer of the conferences from
Keeping
constantly in view the essential Panama to any other place on the
character and object of the Con- American Continent, that may be
gress,*which have been described, considered more eligible for con-
it is not very
important in what ducting them.
manner its conferences and discus- In now proceeding to direct your
sions be regulated. attention particularly to the instruc-
may
Experience has, perhaps, suffi- tions of the President, by which,
ciently established, that, for preci- after having settled the preliminary
sion, for safety to the negotiators point to which I have just adverted,

themselves, and for an early prac- you will govern yourselves, the first
tical result, it is wisest to proceed observation to be made is, that, in
ANNUAL REGISTER,
acceding to the invitation which has pated, will engage the consideration
been accepted, no intention has been of the Congress at Panama^ ,

entertained to change the present These subjects may be arranged


pacific- and neutral policy of the under two general heads 1st, Such
:

United States. On the contrary, as relate to the future prosecution


it has been distinctly understood by of the present war with Spain, by
the three Republics who gave the the combined or separate operation
invitation, and has been enforced of the American belligerents. And.
on our part, in all our communica- 2d Those in which all the Nations
;

tions with them


regard to it, that
in of America, whether neutral or bel-
the United States would strictly ad- ligerent, may have an interest.
here to that policy, and mean faith- In respect to the first, for reasons
fully to perform all their neutral already stated, we can take no part.
obligations. Whilst the existing Discussions of them must be con-
Far is limited to the present par- fined to the parties to the war. You
ties, it is as unnecessary as it would will refrain from engaging in them.
be unwise, in the United States, to You be expected or desired
will not
become a belligerent. A state of to do so. But, whilst it has been
things can hardly be imagined, in perfectly understood that the United
which they would voluntarily take States could not, at the Congress,
part on the side of Spain and on ; jeopard their neutrality, they may
that of. the Republics it would be be urged to contract an alliance,
^entirely useless, since they have offensive and defensive, on the con-'
been all along able, unaided, tri- tingency of an attempt by the Pow-
umphantly to maintain their cause, ers of Europe, commonly called the
and to conquer the arms, if they Holy Alliance, either to aid Spain
tiave not overcome the obstinacy, to reduce the new American Re-
of Spain. By maintaining the neu- publics to their ancient colonial
which the United States
4ral position state, or to compel them to adopt
have assumed, they have been en- political systems more conformable
abled to hold strong language to to the policy and views of that Al-
Europe, and successfully to check liance. Upon the supposition of
any disposition which existed there such anattempt being actually
to assist Spain in the re-conquest made, there can be no doubt what
of the Colonies. If they had de- it would be the interest and bounden

parted from their neutrality, and duty of the United States to do.
precipitated themselves into the Their late Chief Magistrate so-
war, there was much reason to ap- lemnly declared what, in that event,
prehend that their exertions might he considered they ought to do.
have been neutralized, if not over- The people of the United States
balanced, by those of other Powers, acquiesced in the declaration, and
who would have been drawn, by their present Chief Magistrate ,ea-
that rash example, into the war, in tirely concurs in it. If, indeed,
behalf of Spain. Keeping, there- the Powers of Continental Earope
fore, constantly in view the settled could have allowed themselves to
pacific policy of the United States, engage in tiie war, for either of the
and the duties which flow from their purposes just .indicated, the United
neutrality, the subjects will now be States in opposing them with their
particularized, which, it is antici- whole force, would have been
PUBLIC DOCUMENTS. [33

hardly entitled to the merit of act- new American Republics. If that


Alliance has seen, with any dis-
ing on the impulse of a generous
sympathy with infant,oppressed,and satisfaction, (as may be well ima-
struggling Nations. The United gined,) the successful progress of
States, in the contingencies which those Republics, both in the war
have heen stated, would have been and in the establishment of jtheir
compelled to fight their own proper free political systems, they have
battles, not (ess so because the confined themselves to silent and
atorrn of war happened to range on unavailing regrets.
another part of this continent, at a The auspicious course of events
distance from their borders. For has not only occasioned the aban-
it cannot be doubted that the pre- donment of any hostile intentions
sumptuous spirit which would have which were entertained, if such
impelled Europe upon the other were ever entertained, by the Eu-
American Republics, in aid of Spain, ropean alliance, but there is strong
or on account of the forms of their reason to hope that it has led to the
political institutions, would not have creation of pacific, if not friendly,
been appeased, if her arms, in such views towards our sister republics.
an unrighteous contest, should have Upon the entry of the President of
been successful, until they were the United States on the duties of
extended here, and every vestige his present office, his attention was
of human freedom had beenoblite* anxiously directed to, and has been
rated within these States. since unremittingly employed on
There was a time when such de- the object of establishing peace be-
signs were seriously apprehended ; tween Spain and those Republics.
and it is believed that the declara- In considering the means for its ac-
tion of the late President to the complishment, no very sanguine
Congress of the United States, hope was indulged from an approach
which has been already referred to, to Spain directly, and it was thought
had a powerful effect in disconcert- best to endeavour to operate on her
ing and arresting their progress. through that alliance on whose
About the same period, Great Bri- countenance and support she main,
tain manifested a determination to ly relied for the recovery of the co-
pursue the same policy, in regard lonies. Russia was known to be
to the new Republics, which the the soul of that alliance, and to the
United States had previously mark- Emperor, of whose wisdom and
ed out for themselves. After these friendship the United States had so
two great maritime powers, Great many proofs, the appeal was at once
Britain and the United States, had made. A copy of the note from this
let Continental Europe know that Department to the American Mi-
they would not see with indifference nister at St. Petersburg, on that
any forcible interposition in behalf subject, accompanies these instruc-
of Old Spain, it was evident that no tions. Copies of it were transmit-
such interposition would, or, with ted, contemporaneously, to the
any prospect of success, could be courts ofLondon and Paris, whose
afforded. Accordingly, since that co-operation in the work of peace
period, there have been no intima- was also invited. Our Minister at
tions of any designs on the part of Madrid was instructed to lose no
th European Alliance against the fit occasion there for creating or
34! ANNUAL REGISTER, 1827-8-9.

strengthening a disposition towards which the Emperor of Russia hag


peace. The hope was cherished, given to the overture of the United
that, by a general and concerted States, to say nothing of the known
movement of the United States arid inclination of France and other
the great powers of Europe at the Powers of the European Continent
same time, the Councils of Spain to follow the example of the United
might be prevailed upon to accede Staes and Great Britain, fully au-
to a peace, which had become more thorizes the conclusion that the
necessary, if possible, to her, than to Holy Alliance will not engage in
the new Republics. An answer has the war, on the side of Spain, but
lately been received here from St. will persevere in their actual neu-

Petersburg, through Mr. Middieton, trality. The danger, therefore,


a copy of which, together with co- from that quarter having disap-
pies of his accompanying notes, is peared, there can be no necessity
placed in your hands. From a pe- at this time, for an offensive and
rusal of these documents, the con- defensive alliance between the
tents of which have been confirmed American Powers, which could on-
by the Russian Minister, in official ly find a justification, at any period,
interviews which I have had with in the existence or continuation of
him, you will perceive that the ap- such a danger. Such an alliance,
peal to Russia has not been without under present circumstances, would
effect ; and that the late Emperor, be worse than useless since it
;

sensible of the necessity of peace, might tend to excite feelings in the


prior to his death, probably em- Emperor of Russia and his allies,
ployed his good offices to bring it which should not be needlessly
about. His successor has formally touched or provoked.
announced his intention to tread in The Republic of Colombia has
the path of his illustrious predeces- recently requested the friendly in-
sor, and it is, therefore, most likely terposition of this government to
that he will also direct the influence prevail, upon Spain to agree to an
of that government to the conclu- armistice, upon the conditions men-
sion of a peace satisfactory to both tioned in Mr. Salazar's note, of
parties. It is possible that these which a copy, together with a copy
efforts may not be effectual, and of mine in reply, acceding to the
that the prideand obstinacy of Spain request, is now furnished. And in.
may be unconquerable. There is, structions have been accordingly
however, much reason to hope, that given to the Ministers of the Uni-
she may either consent to a peace, ted States at Madrid and St. Pe-
upon the basis of the independence tersburg.
of the colonies, or, if she feels that Other reasons concur to dissuade
too humiliating, that she will agree the United States from entering
to a suspension of hostilities, as was into such an alliance. From the
formerly done in the case of the first establishment of their present
Low Countries, which would, in the constitution, iheir illustrious states-
end, inevitably lead to a formal ac- men have inculcated the avoidance
knowledgment of the actual inde- of foreign alliances as a leading
pendence of the new Republics. maxim of their foreign policy It

Whatever may be the future course is true, that, in its adoption, their
of Spain, tiie favourable reception attention was directed to Europe,
PUBLIC DOCUMENTS. [35

which, having a system of con- such others as may present them-


nexicms and of interests remote selves to you, will, it is hoped, satis-
and different from ours, it was fy the representatives of the other
thought most advisable that we American States, that an alliance,
should not mix ourselves up with offensive and defensive, between
them. And it is also true, that them and the United States, for the
long since the origin of the maxim, object which has been stated, is un-
the new American powers have ari- necessary, if not mischievous.
sen, to which, if at all, it is less ap- Should you, however, be unable to
plicable. Without, therefore, as- bring that conviction home to them,
serting that an exigency may not and should you have reason to be-
occur in which an alliance of the lieve that the positive rejection of
most intimate kind, between the such an alliance would be regarded
United States and the other Ame- in an unfriendly light, and have a
rican Republics, would be highly pernicious effect on your other ne-
proper and expedient, it
may be gotiations, you will invite them to

safely said, that the occasion which reduce their proposals of the terms
warrant a departure from that es- of such an alliance as they may
tablished maxim ought to be one of conceive proper, to a written pre-
greai urgency, and that none such cise form, and state that you will
is believed now to exist. Among take them ad referendum. That will
the objections to such alliances, afford to the overnment here op-
those which at all times have great portunity of reconsideration, with
weight are, first, the difficulty of a the advantage of all the information
just and equal arrangement of the . that may be evolved in the interve-
contributions of force and of other ning period. The alliance, if ever
means, between the respective par- admissible, having been a question
ties,= the attainment of the com- of time, the delay incident to the
mon object ..nd, secondly, that of
;
reference home, by further demon-
providing, beforehand, and deter- strating its inexpediency, will better

mining with perfect precision, when prepare the Congress at Panama


the casus foederis arises, and there- for the final rejection, which, it is
by guarding against all controver- most probable, this government will
sies about it. There is less neces- give to the project.
sity for any such alliance at this con- II. In treating of those subjects

juncture, on the part of the United in which all the nations of America,
States,because no compact by what- whether now at war or in peace,
ever solemnities it might be attend- may be supposed to have a common
ed, or whatever name or character interest, you will, on all suitable
it
might assume, could be^ more occasions, inculcate the propriety of
obligatory upon them than the irre- terminating the existing war as soon
sistible motive of self preservation, as may be, and of cherishing the
which would be instantly called into means best adapted to the preserva-
operation, and stimulate them to the tion of peace among themselves,
utmost exertion, in the supposed and with the rest of the world. The
contingency of an European attack cultivation of peace is the true in-
upon the liberties of America. terest of all nations, but it is espe-
The considerations to 'which I cially that of infant states. Repose
have now adverted, together with is not more necessary to the growth
ANNUAL REGISTER, 1827-3-9.

and expansion of individuals in their established practices to change ;


no
youth, than it is to that of young entangled connexions or theori s to
nations which have, in the midst of break through. Committed to no
war, commenced the career of inde- particular systems of commerce,
pendence and self-government. to any selfish belligerent code of
Peace is now the greatest want of law,they are free to consult the expe-
America. Desirable, however, as rience of mankind, and to establish,
it
unquestionably is, there is nothing without bias, principles for them-
in the present or in the future, of selves, adapted to their condition,
which we can catch a glimpse, that and likely to promote their peace, se-
should induce the American Repub- curity, and happiness. Remote from
lics, in order to obtain it, to sacri- Europe, is not probable that
it
they
fice a particle of their independent will oftenbe involved in the wars
sovereignty. They ought, therefore, with which that quarter of the globe
to reject all propositions founded may be destined, hereafter, to be
upon the principle of a concession afflicted. In these wars, the policy
of perpetual commercial privileges of all America will be the same, that
to any foreign power. The grant of of peace and neutrality, which the
such privileges is incompatible with United States have, heretofore,
their actual and absolute indepen- constantly laboured to preserve.
dence. It would partake of the spirit, If the principles, which that pro-
and bring back, in fact, ifnot in form, bable state of neutrality indicates
the state of ancient colonial con- as best for the interests of this
nexion. Nor would their honour and hemisphere, be, at the same time,
national pride allow them to enter- just in themselves, and calculated
tain, or deliberate, on propositions to prevent wars, or to mitigate the
founded upon the notion of purcha- rigour of those great scourges, they
sing, with a pecuniary considera- will present themselves to the ge-
tion, the Spanish acknowledgment neral acceptance with an union of
of their independence. irresistible recommendations. Both
Next to the more pressing object those qualities are believed to be
of putting an end to the war between possessed by the maritime princi-
the new Republics and Spain, should ples for which the United States
be that of devising means to preserve have ever contended, and especial-
peace in future, among the Ameri- ly throughout the whole period of
can nations themselves, and with the late European wars. The Pre-
the rest of the world. No time could sident wishes you to bring forward
be more auspicious than the present those principles on an occasion so
for a sucessful inquiry, by the Ame- auspicious as that is anticipated to
rican nations, into the causes which be of the Congress of Panama.
have so often disturbed the repose of Uncontrolled power, on whatever
the world and for an earnest en-
;
element it is exerted, is prone to
deavour, by wise precaution, in the great abuse. But it is still more
establishment of just and enlight- liable to abuse on the sea, than on
ened principles, for the government the land; perhaps, because it is
of their conduct, in peace and in war there exercised beyond the pre-
to guard, as far as possible, against scence of impartial spectators, and,
all misunderstandings. They have therefore, with but little moral re-
119 old prejudices to combat ; no long straint resulting from the salutary
PUBLIC DOCUMENTS. [87

influence of public opinion, which, enjoy on the latter element. Scarce-


ifapplied at all, has always to be ly any circumstance would now
subsequently, and consequently, tend more to exalt the character of
less efficaciously applied. The America, than that of uniting its
moral cognizance, when it comes endeavours to bring up the arrears
to be taken, finds, too, a more of civilization, as applied to the
doubtful or contested state of fact, ocean, to the same forward point
than if the theare had been where which it has attained on the land,
there were more numerous and less and, thus rendering men and their
prejudiced witnesses. At all times property secure against all human
there has existed more inequality injustice and violence, leave them
in the distribution among nations, exposed onlv to the action of those
of maritime, than of territorial storms and disasters, sufficiently
power. In almost every age, some perilous, which are comprehended
one has had the complete mastery in the dispensations of Providence.
on the ocean, and this superiority It is under the influence of these,
has been occasionally so great as and similar considerations, that you
to morn than counterbalance the will bring forward, at the contem-
combined maritime force of all plated Congress, the proposition to
other nations, if such a combina- abolish war against private proper-
tion were practicable. But when ty and non-combatants upon the
a single nation finds itself possess- ocean. Private property of an
ed of a power any where, which enemy is protected when on land
no one, nor all other nations, can from seizure and confiscation.
successfully check or countervail, Those who do not bear arms there
the consequences are too sadly un- are not disturbed in their vocations.
folded in the pages of history. Why should not the same humane
Such a nation grows presumptuous, exemptions be extended to the sea?
impatient of contradiction or oppo- If the merchandise in a ware-house
sition, and finds the solution of na on shore remains unmolested,
tioual problems easier, and more amidst the ravages of modern war,
grateful to its pride, by the sword, can any good reason be assigned
than by the slow and less brilliant for allowing the same merchandise,
process of patient investigation. when transferred to a ship which
If the superiority be on the oeean, is peaceably
navigating the ocean,
the excesses in the abuses of that to be an object of legitimate cap-
power become intolerable. Al- ture and condemnation ? If arti-
though, in the arrangement of zans and husbandmen are permit-
things, security against oppression ted, without hindrance, to pursue
should be the greatest where it is their respective callings, why
most likely tobe often practised, should not the not less useful mari-
it is, nevertheless, remarkable, that ners be allowed peaceably to dis-
the progress of enlightened civili- tribute the productions of their in-
zation has been much more advan- dustry in exchanges for the com-
ced on the land than on the ocean. mon benefit of mankind? This
And, accordingly, personal rights, has been an object which the Uni-
and especially those of property, ted States have had much at heart,
have both a safety and protection ever since they assumed their place
on the former, which they do not among the nations. More than
38] ANNUAL REGISTER, 1827-8-9.

forty years ago, Dr. Franklin, one practices of war, and the tenacity
of their most enlightened and suc- with which power ever clings to
cessful ministers, thus expressed advantages which it conceives it-

himself: "It is time, it is high self to possess, it would be too


time, for the sake of humanity, that much to indulge any very sanguine
a stop were put to this enormity. hope of a speedy, universal con-
The United States of America, currence, in a total exemption of all
though better situated than any private property from capture.
European nation, to make profit by Some nations may be prepared to
privateering, are, as far as in them admit the limited, who would with-
lies, endeavouring to abolish the hold their assent from the more
practice, by offering, in all their comprehensive principle. You will,
treaties with other powers, an arti- therefore, also propose the adop-
cle, engaging solemnly that, in case tion of the rule, that free ships shall
of future war, no privateer shall be make free goods, and its converse,
commissioned on either side, and that inimical ships shall make ini-
that unarmed merchant ships, on mical goods. The one seems ne-
both sides,shall pursue their voyages cessarily to follow from the other,
unmolested. This will be a happy and in their practical application
improvement of the law of nations. there is a simplicity and certainty
The humane and the just cannot in both, which strongly recom-
but wish general success to the mend them to
general adoption.
proposition." What the sagacious Both operate in favour of neutra-
forecast of that illustrious man ena- lity, and thus present a new dis-
bled him to anticipate at that early suasive to nations from rashly en-
day of our national existence, has gaging in war. It will occur, of
been fully confirmed in our subse- course, to you, to insert a provision
quent progress. We are better restricting the operation of these
situated than any other nation, arid, principles to those nations which
in the event of war, we now have shall agree to observe them.
ample means to enable us to make You will propose a definition of
profit by privateering ; but, faithful blockade. The experience of the
to our principles, we now offer, in United States, and that of some of
our maturer and stronger condition, the new American nations, short
the same stipulations which were as has been the term of their exist-
offered by Franklin and other ence, alike indicate the utility of
American negotiators, but which a plain and intelligible description
might then have been attributed to of the facts which constitute a le-
our infancy and weakness. gitimate blockade. The want of
If, by the common consent of such a definition has been the prin-
nations, private property on the cipal cause of any difficulties which
ocean was no longer liable to cap- have arisen between them and the
ture as lawful prize of war, the prin- United States. The belligerent
ciple that free ships should make interest is to extend, the neutral to
free goods would lose its impor- contract, as much as possible, the
tance, by being merged in the more range of a blockade. The belli,
liberal and extensive rule. But, gerent interest is to insist upon the
judging from the slow progress of smallest possible, that of the neu-
civilization in its operation on the tral upon the largest practical
PUBLIC DOCUMENTS.

amount of force, to give validity jects which are likely to engage the
to the blockade. In fMs conflict attention of the congress, is that of
of opposite pretensions, as the bel- endeavouring to fix some general
ligerent has arms in his
hands, principles of intercourse, applica-
ready to support his, the neutral ble to all the powers of America,

generally suffers. The best secu- for the mutual regulation of their

rity against abuses on


either side, commerce and navigation. The
is a clear definition which, by pre- United States, from the origin of
senting circumstances notorious in the present war, have, on all pro-
their nature and character, admits per occasions, uniformly pro-
of no controversy, among those claimed that they entertained no
who have a proper sense of justice, desire to procure for themselves,
and entertain a mutual regard for from any of the new powers, pecu-
their respective rights. You will liar commercial advantages. They
find in the treaty with Colombia, continue to adhere to this disinte-
and that with the Central Republic, rested doctrine. You will state in

recently concluded and ratified your conferences, that, as they


here, (copies of both of which are have not sought, in treating with
herewith,) a definition of blockade the American States, separately,
which may be proposed and safely neither will they seek, in joint ne-
followed. In the same treaties are gotiations with them, for any privi-
also contained articles supplying leges, which are not equally ex-
a list of contraband, and several tended to every one of them. In-
other articles having reference to deed, they are prepared, them-
a state of war, in which the con- selves, to extend to the powers of
tracting parties may be belligerent Europe the same liberal principles
or neutral, as the case may be, all of commercial intercourse and na-
of which you are authorized to pro- vigation, on which the United
pose. In connexion with this in- States are ready to treat. The
teresting subject, you are furnished President hopes that you will meet
among the accompanying docu- with corresponding dispositions in
ments, with a letter from my prede- the other American States ; and
cessor, under the date of 28th July, that you will have no difficulty in
1823, addressed to Mr. Rush, Min- obtaining their ready concurrence
ister of the United States at Lon- to the equitable bases of perfect
don, with the draft of articles for equality and reciprocity, which you
a treaty which he was authorized are hereby empowered at once to
to propose to Great Britain. They propose for the commerce and na-
may facilitate your labours. The vigation between all the American
articles, having been prepared with nations. The whole of what is
murh consideration, may serve as very material to their commerce
models for any that may be agreed and navigation may be comprised
on at the Congress, upon corres- under two general principles, both
ponding topics. It it
hardly ne- of which are founded on those
cessary to add, that this recent ex- bases. The first is, that no Ame-
periment with Great Britain, like rican nation shall grant any favours
all others which preceded it, in commerce or navigation to any
proved abortive. foreign power whatever, either
Among the most important ob- upon this or any other continent.
40] ANNUAL REGISTER, 1827-8-9.

which shall not extend to every in the treaties which have been
other American nation. And, made with both those powers.
secondly, that whatever may be im- Other of the American nations are
ported from any foreign country believed to have a disposition to
into any one American nation, or adopt it. The United Mexican
exported from it, in its own vessels, States alone have opposed it, and
may, in like manner, be imported in their negotiations with us have
into or exported from the same nation brought forward the inadmissible
in the vessels of every other Ameri- exception, from its operation, of
can nation, the vessel, whether na- those American States which have
tional or foreign, and the cargo, a Spanish origin, in whose behalf
paying, in both instances, exactly Mexico insists upon being allowed
the same duties and charges, and to grant commercial favours which
no more. she may refuse to the United
The first of those two principles States. Of the view which we en-
is so strongly recommended to all tertain of such an exception, you
nations, by considerations of policy will be able to possess yourselves,
as well as justice, that it will com- by perusing a despatch from this
mand, at least in the abstract, the Mr. Poinsett, under date of
office to
assent of most, as soon as it is an- the 9th day of November, 1825, a
nounced. Nations are equal, com- copy of which is herewith. He has
mon members of an universal fa- been instructed to break off the ne-
mily. Why should there be any gotiations, if, contrary to expecta-
inequality between them, in their tion, the Mexican government
commercial intercourse ? Why should persist in the exception.
should one grant favours to another, What renders it more extraordina-
which it withholds from a third ? ry, is, that whilst they pretend that
All such partial favours are liable to there has been something like such
excite jealousies, and, in the end, an understanding between the new
are counterbalanced or punished republics, no such exception was
by the injured powers. The prin- insisted upon by either Colombia
ciple now proposed does not pre- or the Central Republic. It was
clude those particular arrange- not even mentioned during the late
ments which are founded upon real negotiation here, which terminated
and just equivalents, independent in the treaty with the latter power.
of mere commercial reciprocity, by Whether it was adverted to or not,
which certain advantages are in that which was conducted by

granted to a particular power but ;


Mr. Anderson with Colombia, he
it is wiser even to avoid these as will recollect. We can consent to
much as possible. If the principle no such exception. You will re-
be correct in its universal applica- sist it in every form if it be brought

tion, it must be allowed to be par- forward and you will subscribe to


;

condition
ticularly adapted to the no treaty which shall admit it. We
and circumstances of the Ameri^ are not yet informed whether
can powers. The United States Mexico has abandoned the excep-
have had no difficulty in treating, tion, and concluded with Mr. Poin-
on that principle, with the Repub- sett a commercial treaty, or has
lics of Colombia and Central Ame- persevered in it, and broken off the
rica, and it is accordingly inserted negotiation. The basis of the most
PUBLIC DOCUMENTS. [41

favoured nation, leaves the party, Its reciprocity is perfectand, when


;

who treats on it, free to prohibit it comes to be adopted by all na-


what foreign produce and manufac- tions, we can scarcely see any thing
tures he pleases, and to impose on beyond it, in the way of improve-
such as may be admitted into his ment, to the freedom and interests
ports any duties to which his policy of their mutual navigation. The
or his interests may require. The devices of maritime nations have
principle only enjoins impartiality, been various to augment their ma-
as to the foreign powers to whom rine, at the expense of other pow-
it is
applied, and consequently that ers. When there has been a
his prohibitions and his duties, passive acquiescence in the opera-
whatever they may be, shall equal- tion of those devices, without any
ly extend to the produce and ma- resort to countervailing regulation,
nufactures of all of them. If a na- their success has sometimes been
tion has already contracted en- very great. But nations are now
gagements with another power, by too enlightened to submit quietly
which it has granted commercial to the selfish efforts of any one
favours, inconvenient or injurious power to engross, by its own se-
to itself, it may be contrary to its parate legislation, a dispropor-
interests to extend these same fa- tionate share of navigation in their
vours to other nations. But the mutual intercouse. Those efforts
United States have made no such are now met by opposite efforts ;
improvident concessions to any restriction begets restriction; un-
particular foreign power, nor have til the discovery is at last made,
any of the other American States, after a long train, of vexations and
as far as we know. The time and irritating acts arid manoeuvres, on
the theatre, therefore, are propi- both sides, that the course of selfish
tious for the adoption of a broad and legislation, ultimately, does not af-
liberal commercial principle, which, fect the distribution of maritime
by dispensing equal favour to all, power, whilst it is attended with
deprives everyone of any just cause the certain evil of putting nations
of complaint. into an ill humour with each other.
2. Tothe other leading princi- Experience at last teaches that, in
ple which has been stated, that of every view, it is better to begin and
allowing the importation into, or to continue in the career of libe-
the exportion from, the ports of any rality, than in that of a narrow and
American nation, in the vessel of restricted policy, since the most that
every other, of all produce and can be said against the former, is,
manufactures, the introduction or that it
only conducts to the same
exportation of which is admitted by end, without, however, the unplea-
law, both the native and the foreign sant incidents to which the other
vessel, and the <cargo > paying the finally but inevitably leads. There
same duties and charges, and no is a simplicity in the
principle of
other, the President attaches the reciprocal liberty of navigation,
greatest importance. You will which confers on it a strong re-
press it, in your conferences, with commendation. It renders unneces-
an earnestness and zeal propor- sary all difficult and vexatious scru-
tionate to its high value, and to the tiny into the origin of the contents of
liberality in which it is conceived. a mixed cargo. It dispenses with all
6
ANNUAL REGISTER,
penalties and forfeitures denounced It may, perhaps, be objected,
for what is often both an ignorant that the marine of the other Ameri-
and innocent violation of custom can nations is yet in its infancy ; that
house law, in the introduction, ours has made great advances and ;

perhaps, of a single interdicted that they cannot be prepared for


article of small value, which is this reciprocal liberty of navigation
made, by arbitrary regulation, to until they have made some further
taint thewhole cargo of immense progress in establishing theirs. The
value. It sets up a rule at once diiference in the condition of the
plain and intelligible. It refers the marine of the respective countries,
foreigner, for what he may lawfully assumed in the supposed argument,
do, to an observation of that which certainly exists. But how is it to be
the native actually does. It opens remedied ? By a system which
every American port to every shall aim at engrossment, and which
American vessel, on the same will, therefore, provoke retaliation ?
equal terms, no matter in what dis- Or one which dealing, liberally by
tant sea her enterprise may have others, will lead them to measure
sought and earned the riches with out liberality in return ? These al-
which she is laden. This princi- ternatives have been already dis-
ple of reciprocal freedom of navi- cussed ;
has been shown that
and it

gation, like that of the most favour- the first system is never successful,
ed nation, leaves every state, which except from the forbearance of fo-
adopts it, at liberty to impose such reign powers to countervailiit, which
tonnage duties as necessities or
its is not now to be expected in the

policy may dictate. It only holds out present watchful state of the mari-
that whatever may be imposed shall time world. If we are to await for
extend alike to the national and the commencement of the equal and
the foreign vessel, and also that the liberal system, until all nations shall

Cargo, whether of importation or have brought up their respective


exportation, shall be charged with marines even and abreast, it may be
the same duties, whoever may be considered as indefinitely, if not
the proprietor, or in whatever ves- forever, postponed. If the new
sel it may be laden. Perhaps it States would build up for themselves
may be proposed to agree to the powerful marines, they must seek for
imposition of precisely the same their elements not in a narrow and
rate of duties, on vessel and cargo, contracted legislation, neutralized
in all the ports of the American by the counteracting legislation of
nations. But that would be inadmis- other nations, but in the abundance
sible. It would subject each state and excellence of their materials for
to inconvenient restrictions on its ship-building, in the skill of their
power of taxation, instead of leav- artisans and the cheapness of their
ing it free, as is best for each, to manufacture, in the number of their
consult the circumstances of its seamen, and their hardy and enter-
own peculiar position, its habits, its prising character, formed by expo-
constitution of government, and the sure in every branch of sea faring
most fitting sources of revenue for life, by adventures on every ocean,
itself. As to the foreigner, he has and invigorated by a liberal, cheer-
no pretext to complaint when the ful, and fearless, competition with
same measure is applied to him and foreign powers.
the native. Both of the principles which I have
PUBLIC DOCUMENTS. [43

been discussing are provided for, itsgreatest latitude, it will, of course


though somewhat more in detail, in sustain it in this more restricted
the second, third, fourth, and fifth operation. To which may be added,
articles of the before mentioned as a strong consideration in favour of
its embracing, at least the American
Treaty with the Federation of the
Centre of America. They may States, that there is great similarity
serve as models for those which you in the produce of various parts of
are now authorized to propose and ; them, and, consequently, a great
you will consider yourselves em- difficulty in tracing articles, having
powered to agree to articles similar a common character, and striking
with all the others of that treaty, a resemblance, to the countries of
copy of which accompanies this their respective origin, and subject-
letter. ing them to different rates of duty,
It is possible that you may not as they happen to be imported in
find the Ministers of the other Ame- different vessels, or blended toge-
rican States prepared to agree to the ther in the same vessel.
second principle ; that they may be If you find the principle still ob-
unwilling to subscribe to it in the jected to with that modification,
extent now proposed they may not ; you will lastly propose it with the
be ready to allow, at the same rate of still
greater restriction of only fur-
duties, a reciprocal liberty of export- nishing the rule which shall be ob-
ation and importation, without re- served between any two of the
striction as to the place of origin of American nations who may agree
the cargo, the ownership, or desti- to it, in regard to their mutual na-
nation of the vessel. You will not vigation, when employed in trans-
abandon the effort to establish that porting their respective produce and
principle, in its widest scope, until manufactures. Under this form, it

you have exhausted every means of is proposed by the United States,


argument and persuasion, and be- on the 3d March, 1815, [see 4th vol.
come perfectly satisfied that its of the Laws, page 824] to all na-
adoption wholly impracticable. If
is tions. On the 3d of July, of the
same year, it was
you find their opposition to it un- engrafted on tho
yielding, you will then propose a Convention with Great Britain, [see
modification of the principle, so as 6th vol. of the Laws, page 608.]
tomake it, at least, comprehend the Subsequently, it was applied to the
productions and manufactures of all Netherlands, the Imperial Hansea-
the American nations, including the tic Cities of Hamburg, Lubec, and
West India Islands. When so li- Bremen, the Dukedom of Olden-
mited, it will still have great practi- burg, Norway, Sardinia, and Russia,
cal benefit ; all vessels of the seve- [see acts 1st Session, 18th Congress
ral American Powers will enjoy page 4.] It was also embraced in
under it a reciprocal liberty of ex- our Treaty with Sweden, of 1816,
portation and importation of what- [see b'th vol. of the Laws, page 642,]
ever of American productions and and has recently been agreed to by
manufactures, comprehending the Colombia. In the event of a con-
produce of the sea, is allowed, by the currence in the principle, in this

separate laws of each, at the same more limitedimport, the first, se-
standard of duties for the vessel and cond, and third articles of the before-
her cargo. If the reasoning be cor- mentioned Convention with Great
rect, in support of the principle in Britain, will furnish models which
44] ANNUAL REGISTER, 1327-^8-9.

may be followed in the draft of those there was no American State to


to which* you are authorized to oppose, or whose rights could
be
agree. Tiiese three articles em- affected by, the establishment of
brace other subjects beside that new colonies. But now the case
principle, but they are such as to is entirely altered ; from the north-
have either a direct connexion with eastern limits of the United States,
it, or are necessary to give full and in North America, to Cape Horn,
complete effect to it. In describing in South America, on the Atlantic
the territories of the new American Ocean, with one or two inconside-
States with which we are to maintain rable exceptions and from the
;

hereafter a commercial intercourse, same cape to the fifty-first degree


you will see the propriety of em- of north latitude, in North America,
ploying, in any treaty which you on the Pacific Ocean, without any
may conclude, such terms as may exception, the whole coasts and
embrace whatever territories, insu- countries belong to sovereign resi-
lar or continental, may appertain to dent American Powers. There is,
each, upon the termination of the therefore, no chasm within the de-
present war. During its future scribed limits in which a new Eu-
progress, possession may be won or ropean colony could be now intro-
lost, which, as the case may be, duced, without violating the terri-
should be comprehended or exclu- torial rights of some American
ded by those terms. State. An attempt to establish such
In December, 1823, the then a colony, and by its establishment
President of the United States, in to acquire sovereign rights for any
his annual Message, upon the open-
European power, must be regarded
ing of Congress, announced, as the as an inadmissible encroachment.
principle applicable to this Conti- If any portion of the people of Eu-
nent, what ought hereafter to be rope, driven by oppression from
insisted upon, that no European na- their native country, or actuated by
tion ought to be allowed to plant the desire of improving the condi-
upon it new colonies. It was not tion ofthemselves or their posterity,
proposed, by that principle, to dis- wish to migrate to America, it will
turb pre-existing European Colo- no doubt be the policy of all the
nies already established in Ameri- new States, as it ever has been ours,
ca ; the principle looked forward, to afford them an asylum, and, by
not backward. Several of the new naturalization, to extend to such of
American States have given inti- them as are worthy, the same poli-
mation of their concurrence in the tical privileges which are enjoyed

principle and it is believed that it


; by the native citizen. But this
must command the assent of the im- faculty of emigration cannot be al-
partial world. lowed to draw after it:*the right of
Whilst America was, compara- the European State, of which such
tively, a boundless waste, and an emigrants shall have been natives,
almost unpeopled desert, claimed, to acquire sovereign powers in
and probably first settled with civi- America. The rule is good by
lizedmen, by the European Powers which one, in judging of another's
who discovered it, if they could conduct, or pretensions, is advised
agree among themselves as to the to reverse positions. What would
limits of their respective territories, Europe think of an American at*
PUBLIC DOCUMENTS. [45

tempt to plant there an American claration now proposed the form of


colony? If its power would be pro- a Treaty. It may be signed by the

voked, and its pride exerted, to re- several Ministers of the Congress,
press and punish such a presump- and promulgated to the world as
tuous act, it is high time that it evidence of the sense of all the
should be recollected and felt, that American powers.
Americans, themselves descended Among the subjects which must
from Europeans, have also their engage the consideration of the
sensibilities and their rights. Congress, scarcely any has an in-
To prevent any such new Euro- terest so powerful and commanding
pean colonies, and to warn Europe as that which belongs to Cuba and
beforehand that they are not here- Porto Rico, the former especially.
after to be admitted, the President Cuba, from its position, the present
wishes you to propose a joint de- amount and the character of its po-
claration of the several American pulation, that which it is capable of
States, each, however, acting for, sustaining, its vast, though almost
and binding only itself, that, within latent resources, is at present the
the limits of their respective terri- great object of attraction both to
tories, no new European colony will Europe and America. No power,
hereafter be allowed to be esta- not even Spain itself, has, in such
blished. It is not intended to com- a variety of forms, so deep an in-
mit the parties who may concur in terest in its future fortunes, what-
that declaration, to the support of ever they may happen to be, as the
the particular boundaries which United States. Our policy in re-
may be claimed by any one of them ; gard to it is fully and frankly dis-
nor is it
proposed to commit them closed in the before-mentioned note
to a joint resistance against any fu- to Mr. Middleton. It is there stated,
ture attempt to plant a new Euro- that, for ourselves, we desire no
pean colony. It is believed that change in the possession or political
the moral effect alone of a joint de- condition of that island and that
;

claration, emanating from the au- we could not, with indifference, see
thority of all the American nations, it transferred from Spain to any

will effectually serve to prevent the other European power. are We


effort to establish any such new co- unwilling to see its transfer or an-
lony ; but if it should not, and the nexation to either of the new Ame-
attempt should actually be made, it rican States. If the present war
will then be time
enough for the should much longer continue, there
American powers to consider the are three conditions, into some one
propriety of negotiating between of which that island may fall during
themselves, and, if necessary, of its further progress, and all of them

adopting in concert the measures deserve the most particular and se-
which may be necessary to check rious consideration. The first is,
and prevent it. The respect which its independence, resting at the
is due to themselves, as well as to close of the war upon its own un-
Europe, requires that they should assisted resources to maintain that
rest in confidence that a declaration,
independence. 2dly. Its indepen-
thus solemnly put forth, will com- dence, with the guaranty of other
mand universal deference. It will powers, either of Europe or of
not be necessary to give to the de- America, or both. And, 3dly. Its
46] ANNUAL REGISTER, 1827-8-9.

conquest and attachment to the do- and which, it is believed, are almost
minions of the Republic of Colom- insuperable. Who shall be the
bia or Mexico. We will now exa- guaranteeing powers ? Shall they
mine each of those predicaments of be exclusively American, or mixed,
the island, in the order in which partly American and partly Euro-
they have been stated. pean ? What shall be the amount
1. If Cuba had the ability, within of their respective contributions to
itself,of maintaining an indepen- the protecting force, military and
dent self-government against all as- naval, and to the other means ne-
saults from without or within, we cessary to uphold the local govern,
should prefer to see it in that state ;
ment ? Who shall have the com-
because we desire the happiness of mand of that force ? Will not the
others as well as ourselves, and we guaranteeing powers, not in com-
believe that it is, in general, most mand, entertain continual appre-
likely to be secured by a local go- hensions and jealousies of the com-
vernment springing directly from, manding power ? The candid must
and identified in feeling, interest, own that these are perplexing ques-
and sympathy, with the people to tions and that, upon the whole,
;

be governed. But a mere glance although all thought of that modifi-


at the limited extent, moral condi- cation of independence should not,
tion, and discordant character of perhaps, be dismissed as absolutely
its population, must convince all inadmissible, under any possible
of its incompetency, at present, to circumstances, it must be agreed
sustain self-government, unaided to be one, to which, if assent is ul-

by ether powers. And if at this timately yielded, it must be reluct-


premature period an attempt at in- antly, from a train of unforeseen
dependence should be so far at- and uncontrollable events.
tended with success as to break the 3. With respect to the conquest
connexion with Spain, one portion and annexation of the island to Co-
of the inhabitants of the island, as lombia or Mexico, it should be re-
well as their neighbours in the marked that, if that be attempted,
United States, and in some other the whole character of the present
directions, would live in continual war will be entirely changed. Hi-
dread of those tragic scenes which therto, on the part of the republics,
were formerly exhibited in a neigh- the contest has been for indepen-
bouring island, the population of dence and self-government, and
which would be tempted, by the they have had^ on their side, the
very fact of that independence, to good wishes and the friendly sym-
employ all the means which vicinity, pathies of a large portion of the
similarity of origin,and sympathy, world, and those especially of the
could supply, to foment and stimu- people of the United States. But
late insurrection, in order to gain in the event of a military enterprise
ultimate strength to their own directed against Cuba, it will be-
cause. come a war of conquest. In such
2. A guarantied independence a war, whatever may be the result
of Cuba, although it might relieve of that enterprise, the interests of
the island from the dangers which other powers, now neutral, may be
have been just noticed, would sub- seriously affected, and they may be
stitute others not less formidable. called upon to perform important
PUBLIC DOCUMENTS.

duties, which they may not be at America, her means and all her
all

liberty to neglect.
The issue of efforts will now be
concentrated
such a. war may have great influ- on this most valuable of her re-
ence upon the balance and stability maining American possessions ;

of power in the West indies. Na- that to this end she will apply her
tions of Europe may feel themselves attention, which has been hitherto
required to interpose forcibly, to too much distracted by the multi-
arrest a course of events to which tude of her belligerent exertions in
they cannot be indifferent. If they North and South America, exclu-
should limit their interposition sively to this most important point ;
merely to the object of preventing that to its succour she will gather

any change in the existing state up from her vast wreck, the resi-
of things, in respect to the islands, due of her once powerful army in
the United States, far from being Europe and America and that
;

under any pledge, at present, to there is reason to believe, that if


oppose them, might find themselves, she should not be openly assisted
contrary to their inclination, re- by any of the European powers,
luctantly drawn by a current of she may receive from them covert
events to their side. In consider- but irresponsible aid.
ing such an enterprise as has been With all these resources and
supposed, if it be undertaken, there favourable circumstances com-
ought to be an anxious and delibe- bined, it must be admitted that the
rate examination, first, into the conquest of Cuba is very difficult,
means of Colombia and Mexico to if not impracticable, without ex-

accomplish the object ; and, se- tensive and powerful means, both
condly, their power to preserve and naval and military. But, secondly,
defend the acquisition, if made. do either Colombia or Mexico pos-
We have not the data necessary to sess such means? We
doubt it.
form a certain judgment on the first They have both to create a marine.
point. We ought to possess, to A single ship of the line, two fri-
enable us to form such a judgment, gates, and three or four vessels of
a knowledge, first, of the force, mi- a smaller grade, badly manned,
litary and naval, which the repub- compose the whole naval force of
lics can apply to the operation ; the United Mexican States. That
secondly, that which Spain can ex- of Colombia is not much greater,
ert in resistance and, thirdly,
;
nor belter manned. But the means
what portion of the inhabitants of of transporting and defending, du-
the island would take part on the ringits
voyage, the military force
one and on the other side of the necesary to achieve the conquest,
belligerents. Although we have are absolutely indispensable. Nay,
not this information in ample de- more it would be in the last de-
;

tail, we know that Spain is in ac- gree rash and imprudent to throw
tual possession, with a very consi- an army into Cuba, unless the two
derable military force ; that this republics possessed and could retain
force, recently much strengthened, a naval superiority, at least in the
occupies the Moro Castle, deemed Gulf of Mexico, to provide for those
almost impregnable, and otherstrong contingencies which ought always
holds in the island that driven, as
; to be anticipated in the vicissitudes
she has been, from the continent of of war. And, in the third place,
46] ANNUAL REGISTER, 1827-8-9.

it is well known that the inhabitants to maintain a faithful neutrality,


of Cuba, far from being united in they have directed a strict enforce-
favour of invasion, entertain great inent of their laws the fact, never-
;

apprehensions as to their future theless, of their being collected


safety in such an evenr, and that within their ports, subjects them to
they especially dread an invasion unfriendly and injurious suspicions.
from Colombia, on account of the And they would see, with much
character of a portion of the troops repugnance, resources drawn from
of that republic. themselves applied to the accom-
But if all difficulties were sur- plishment of an object to which
mounted, and the conquest of the their policy and their interests are
island was once effected, we should opposed.
not be without continual fears of The President hopes that these
the instability of its future condi- considerations, enforced by such
tion. The same want of naval others as may present themselves
power, which would be felt in re- to you, if they should not be deem-

ducing, would be subsequently ex- ed of sufficient weight to prevent


perienced in defending and pre- altogether any invasion of Cuba,
serving it. Neither Colombia nor will, at least, dissuade from any
Mexico is destined to be a first rate rash ox premature enterprise with
naval power. They both, (Mexico inadequate or doubtful means. And
still more than Colombia,) want an it is required,
by the frank and
extent of sea coast, bays, inlets, and friendly relations which we most
harbours, the nurseries of seamen ; anxiously desire ever to cherish
in short, all the essential elements of with the new Republics, that you
a powerful marine. England, France, should, without reserve, explicitly
the Netherlands, Spain herself, state, that the United States have
when she shall, as at some no very too much at stake in the fortunes
distant day she must, recover from of Cuba, to allow them to see, with
her present debility, will, for a long indifference, a war of invasion,
time to come, if not for ever, as prosecuted in a desolating manner ;

naval powers, outrank either Mexi- or to see employed, in the purposes


co or Colombia. A war with any of such a war, one race of the in-
one of those European nations habitants combating against ano-
would place Cuba, in the hands of ther, upon principles and with mo-
either of those two republics, at the tives that must inevitably lead, if
most imminent hazard. It is im- not to the extermination of one party
possible for the government of the or the other, to the most shocking
United States to close their eyes to excesses. The humanity of the
the fact, that, in the event of a mi- United States, in respect to the
litary enterprise being prosecuted weaker, and which, in such a ter-
by the republics against Cuba, the rible struggle, would probably be
ships, the seamen, the cannon, and suffering portion, and their duty
th-3

the other naval means necessary to defend themselves against the


to conduct have been prin-
it, will contagion of such near and dan-
cipally in the United
obtained gerous examples, would constrain
States. Although, far from giving them, even at the hazard of losing
any countenance to the procure- the friendship, greatly as they value
ment of those supplies, determined it, of Mexico and Colombia, to em-
PUBLIC DOCUMENTS. 1
41)

all the means necessary to fit from its execution and to Co-
ploy ;

their security. lombia, Mexico, the Central Re-


If you should be unable to prevail public, Peru, and the United States,
on those Republics to renounce all more than to any other of the Ame-
designs of the invasion and con- rican nations. What is to redound
quest of Cuba and Porto Rico, you to the advantage of all America,
will then exert your endeavours to should be effected by common
induce them to suspend the execu- means and united exertions, and
tion of them until the result is should not be left to the separate
known of the interposition which and unassisted efforts of any one
we are authorized to believe the power.
late Emperor of Russia, and his In the present limited state of our
allies, at the instance of the United information as to the practicability
States, have made to put an end to and the probable expense of the ob-
the war, and that which has been ject, it would not be wise to do more
herein stated to have been recently than to make some preliminary ar-
made at the instance of the Repub- rangements. The best routes will
lic of Colombia. Such a suspen- be, most likely, found in the Terri-
sion is due to Russia. It would be a tory of Mexico, or that of the Cen-
deference to that great power which tral Republic. The latter Repub-
the reigning Emperor would not lic made to this Goverment, on the
fail to appreciate, and the value of 8th day of February, of last year,
which the new Republics might in a note which Mr. Canaz, its
hereafter experience, if in this in- Minister here, addressed to this De-
stance the counsels, which we have partment, (a copy of which is now
reason to believe will have been furnished,) a liberal offer, manifest-
given to Spain, should not be fol- ing high and honourable confidence
lowed. But there is much reason in the United Sates. The answer
to hope, that Spain will pause be- which the President instructed me
fore she rejects them, and will see to give, (of which a copy is also now
her true interest, as all the world placed in your hands,) could go no
sees it, on the side of peace and ;
further than to make suitable ac-
the late events the fall of the knowledgments for the friendly
castles of San Juan d'Ulloa and of overture, and to assure the Central
Callao especially must have a Republic that measures would be
powerful effect in urging her to adopted to place the United States
terminate the war. in the possession of the information
A cut or canal for purposes of necessary to enlighten their judg-
navigation, somewhere through the ment. If the work should ever be
Isthmus that connects the two Ame- executed, so as to admit of the pas-
ricas, to unite the Pacific and At- sage of sea vessels from ocean to
lantic Oceans, will form a proper ocean, the benefits of it ought not
subject of consideration at the Con- to be exclusively appropriated to any
gress. That vast object, if it one nation, but should be extended
should ever be accomplished, will to all parts of the globe, upon the
be interesting, in a greater or less payment of a just compensation, or
degree, to all parts of the world. reasonable tolls. What is most
But to this continent will probably desirable, at present, is, to possess
accrue the largest amount of bone- the data necessary to form a correct
ANNUAL REGISTER, 1827-8-9.

judgment of the practicability and and the respect which is there


little

the probable expense of the under, shown than the Afri-


to other races

taking on the routes which offer the can, the question of acknowledgi rag
facilities. Measures may its Independence was far from being
ave been already executed, or be
freatest unattended with difficulty, prior to
in progress, to acquire the requisite the late arrangement, which, it is
knowledge. You will inquire par- understood, has been made between
ticularly as to what has been done, France and Hayti. According to
or may have been designed, by that arrangement, if we possess cor-

Spain, or by either of the new rect information of its terms, the


States, and obtain all other informa- parent country acknowledges a no-
tion that may be within your reach, minal independence in the colony,
to solve this interesting problem. and, as a part of the price of this
You will state to the Ministers of acknowledgment, Hayti agrees to
the other American Powers, that receive for ever the produce of
the government of the United States France at a rate of duty one half
takes a lively interest in the exe- below that which is exacted, in the
cution of the work, and will see, ports of Hayti, from all other Na-
with peculiar satisfaction, that it lies tions. This is a restrictiion upon
within the compass of reasonable the freedom of its action, to which
human efforts. Their proximity no Sovereign Power, really inde-
and local information render them pendent, would ever subscribe.
more competent than the United There is no equivalent, on the side
States are, at this time, to estimate of France, in the favourable terms
the difficulties to be overcome. You on which the produce of Hayti is
will receive and transmit to this received in the ports of France.
Government any proposals that may If the colonial relation may be
be made> or plans that may be sug- correctly described to be the mono-
gested for its joint execution, with poly of the commerce of the colony,
assurances that they will be atten- enjoyed by the parent State, it can-
tively examined, with an
earnest not be affirmed that Hayti has not
desire to reconcile the interests voluntarily, by that arrangement,
and views of all the American Na- consented to its revival. There
tions. was no necessity urging her to-
It will probably be proposed, as agree to it, however she may have
a fit
subject of consideration for the been called upon, by just and equi-
table considerations, to indemify
powers represented at Panama,
whether Hayti ought to be recog- the former individual proprietors
nised by them as an Independent for the loss of their property in St.

State; and whether any decision Domingo. Prior to the conclusion


taken, in that respect, should be of that arrangement, Hayti enjoyed,
joint, or each power
be left to pur- no matter how established, a sort
sue the dictates of its own policy. of independence, in fact. By that
The President is not prepared now arrangement, she has voluntarily,
to say that Hayti ought to be recog- and in a most essential particular,
nised as an Independent Sovereign in respect to all foreign nations,
Power. Considering the nature and changed her character, and has
the manner of the establishment of become, to say the least, not an
the governing power in that Island, independent state. Under the ac-
PUBLIC DOCUMENTS. [51

fcialcircumstances of Hayti, the their respective pastors. In the


President does not think that it United States, we experience no in-
would be proper, at this time, to re- convenience from the absence of
cognise it as a new State. The any religious establishment, and
acknowledgment, or declining to the universal toleration which hap-
acknowledge the Independence of pily prevails. We believe that
Hayti, is not a measure of suffi- none would be felt by other nations
cient magnitude to require that, in who should allow equal religious
either of the alternatives, it should freedom. It would be deemed
be the result of a concert between rash to assert that civil liberty and
all the American Powers. an established church cannot exist
You will avail yourselves of all together in the same state ; but it
suitable occasions to press upon may be safely affirmed that history
the ministers of the other American affords no example of their union
states the propriety of a free tole- where the religion of the state has
ration of religion within their re- not only been established, but ex-
spective limits. The framers of clusive. If any of the American,
our constitution of government powers think proper to introduce
have not only refrained from incor- into their systems an established
porating with the state any peculiar religion, although we should regret
form of religious worship, but they such a determination, we should
have introduced an express prohi- hove no right to make a formal com-
bition upon the power of our Con- plaint unless it should be exclusive.
gress to make any law respecting As the citizens of any of the Ameri-
an establishment of religion. With can nations have aright, when here,
us, none are denied the right which without hindrance, to worship the
belongs to all to worship God ac- Deity according to the dictates of
cording to the dictates of their own their own consciences, our citizens
consciences. In our villages and ought to be allowed the same privi-
cities, at the same hour, often in lege when, prompted by business
the same square, and by the same or inclination, they visit any of the
kind of summons, congregations of American states. You are ac-
the pious and devout, of every re- cordingly authorized to propose a
ligious denomination, are gathered joint declaration, to be subscribed
together in their respective tem- by the ministers of all or any of the
ples, and, after performing, accord- powers represented, that within
ing to their own solemn convic- their several limits there shall
tions, their religious duties, qui- be free toleration of religious wor-
etly return and mix together in the ship. And you will also, in any
cheerful fulfilment of their domes- treaty or treaties that you may
tic and social obligations. conclude, endeavour to have in-
Not unfrequently the heads of the serted an article stipulating the
same family, appertaining to diffe- liberty of religious worship, in the
rent sects, resort to two different territories of the respective par-
churches, to offer up in their own ties. When this great interest is
chosen way their orisons, each placed on the basis of such a solemn
bringing back to the common declaration, and such binding treaty
household stock the moral instruc- stipulations, it will have all reasona-
tion which both have derived from ble and practical security. And
52] ANNUAL REGISTER, 1827-8-9.

this new guaranty will serve to give found on the side of the Republic
strength to the favourable disposi- of the Centre, you will lend to its
tions of enlightened men in the va- cause all the countenance and sup.
rious American states, against the port which you can give, without
influence of bigotry and supersti- actually committing the United
tion. The declaration on this sub- States. This act of friendship on
ject in which you are authorized to our part, is due as well on account
unite, as well as that directed of the high degree of respect and
against European colonization with- confidence which that Republic
in the territorial limits of any of the has, on several occasions, displayed
American nations, hereinbefore towards the United States, as from
mentioned, does no more than an- its comparative weakness.

nounce, in respect to the United Finally : I have it in charge to


States, the existing state of their direct your attention to the subject
institutions and laws. Neither con- of the forms of government, and to
tracts any new obligation, on their the cause of free institutions on this
part, nor makes any alteration as continent. The United States
to them, in the present condition of never have been, and are not now
things. The President being the animated by any spirit of propa-
organ through which this govern, gandism. They prefer, to all other
ment communicates with foreign forms of government, and are per-
powers, and being charged with the fectly contented with, their own
duty of taking care that the laws be Confederacy. Allowing no foreign
faithfully executed, is competent to interference, either in the forma-
authorize both declarations. tion, or in the conduct of their go-
Questions of boundary, and other vernment, they are equally scru-
matters of controversy, among the pulous in refraining from all inter-
new American powers, will proba- ference in the original structure or
bly present themselves, and of subsequent interior movement of
which an amicable adjustment may the governments of other indepen-
be attempted at the Congress, dent nations. Indifferent they are
Your impartial and disinterested not, because they cannot be indiffe-
position, in relation toany such dis- rent to the happiness of any nation.
putes, may occasion you to be But the interest which they are
called upon for your advice and accustomed to cherish in the wis-
umpirage. You will, whenever dom or folly which may mark the
your assistance may be required to course of other powers, in the adop-
settle those controversies, manifest tion and execution of their political
a willingness to give your best systems, is rather a feeling of sym-
council and advice and if it should
; pathy than a principle of action.
be desired, you will also serve as In the present instance they would
arbitrators. A dispute is under- conform to their general habit of
stood to have existed, and to remain cautiously avoiding to touch on a
yet unsettled, between the United subject so delicate ; but that there
Mexican States and the Central is reason to believe that one Eu-

Republic, in relation to the Pro- ropean power, if not more, has


vince of Chiapa. The President been active, both in Colombia and
wishes you to give it a particular Mexico, if not elsewhere, w ith a
r

investigation, and if justice'shall be view to subvert, if possible, the ex-


PUBLIC DOCUMENTS. [53

isting forms of free government greatest of human blessings, to


there established, to substitute the yield to the secret practices or open
monarchical in place of them, and menaces of any European power.
to plant on the newly erected It is not anticipated that you will
thrones European Princes. In have any difficulty in dissuading
both instances, it is due to our sis- them from entertaining or delibera-
ter Republics, and otherwise proper ting on such propositions. You will,
to add, that the design met with a however, take advantage of every
merited and prompt repulse ; but fit
opportunity to strengthen their
the spirit which dictated it never political faith,and to inculcate the
slumbers, and may be renewed. solemn duty of every nation to re-
The plausible motive held out, and ject all foreign dictation in its do-
which may be repeated, is, that of mestic concerns. You will also, at
a recognition of the independence all proper times, manifest a readi-

of the new States, with assurances ness to satisfy inquiries as to the


that the adoption of monarchical theory and practical operation of
institutions will conciliate the great our Federal and State constitutions
powers of Europe. The new Re- of government, and to illustrate and
publics being sovereign and inde- explain the manifold blessings
pendent States, and exhibiting this which the people of the United
capacity for self-government at States have enjoyed, and are con-
home, being in fact acknowledged tinuing to enjoy, under them.
by the United States and Great The war which has recently
Britain, and having entered into broken out between the republic of
treaties and other national com- La Plata and the Emperor of Bra-
pacts with foreign powers, have a zil, is a cause of the most sincere
clear right to be recognised. From regret. To that war the United
considerations of policy, the act of States will be strictly neutral. The
recognition has been delayed by parties to it should feel themselves
some of the European States, but urged no less by all the interests
it cannot much longer be postponed, which belong to the recent establish-
and they will shortly find themselves ment of their independence, than
required to make the concession, by principles of humanity, to bring
from a regard to their own interest, itto a speedy close. One of the first
if they would not from a sense of measures which has been adopted
justiee. But
their recognition is for its prosecution by the Emperor
not worth buying, and nothing of the Brazils, is to declare the
would be more dishonourable than whole coasts of his enemy, inclu-
that the Republic should purchase, ding entirely one, and a part of the
by mean compliances, the formal other shore of the La Plata, and
acknowledgment of that indepen- extending as far as Cape Horn, in
dence which has been actually won a state of blockade. That he has
by so much valour, and by so many not the requisite naval force to
sacrifices. Having stood out against render valid, and to maintain, ac-
all apprehensions of an attempt of
cording to the principles of the
the combined powers of Europe to public law, such a sweeping block-
subdue them, it would be base and ade, is quite evident. Persistance
pusillanimous now, when they are in it must injuriously affect the in-

in the undisturbed enjoyment of the terest of neutrals in the pursuit of


54] ANNUAL REGISTER, 1827-8-9.

their rightfulcommerce, if it should in this important 'service, the inte-


involve no other consequences to rests of our country.
them. You will avail yourselves The instructions addressed to
of every proper opportunity to re- Messrs. Anderson and Sergeant,
present to the parties how desira- have been sufficiently explicit as
ble it is to put an end to the war, to the nature of the assembly.
and with what satisfaction the According to our views, it is to be
United States would see the bless- considered as entirely diplomatic.
ings of peace restored. And it No one of the represented nations
will occur to you, whilst remon- is to be finally bound by any treaty,

strating against any belligerent convention, or compact, to which


it does not freely consent accord,
practices which are not strictly
warranted, to draw from the fact ing to all the forms of its own par-
of the Brazilian blockade fresh ticular government. With that in-

support to the great maritime prin- dispensable qualification, the mode


ciples to which you have been in- of conducting, the conferences and
structed to endeavour to obtain the deliberations of the ministers is
sanction of the American nations. left toyour sound discretion, keep-
I have the honour to be, gentle- ing in view the observations which
men, your obedient servant, have been made in your general
H. CLAY. instructions. I am induced again
to advert to this topic, in conse-

DEPARTMENT OF STATE, >


quence of a letter from the Colom-
bian minister, under date of the
Washington, I6lh March, 1827. $
20th of November last, (a copy of
To MESSRS. JOHN SERGEANT, AND which is herewith transmitted,)
J. R. POINSETT,
from the tenor of which it might
Appointed Envoys Extraordinary, probably be inferred, as his opi-
and Ministers Plenipotentiary to
nion, that a majority of voices in
Tacubaya, &c. dec. &c. the assembly, on any given propo-
Gentlemen By the appoint-
:
sition, is to be decisive. Wehave
ment of Mr. Poinsett, made by and not yet obtained copies of the trea-
with the advice and consent of the ties concluded at Panama, which
Senate, as one of the ministers of are mentioned in that note. To
the United States to the Congress these we have a right, and we shall
of the American nations, expected continue to expect them.
to assemble at Tacubaya, you have We have no later information
become associated in that mission. than that contained in Mr. Ser-
Mr. Poinsett, it is, therefore, anti- geant's despatch No. 1, under date
cipated, will be disposed cordially of the 19th of January last, and
to co-operate in the performance its accompaniments, as to the pro-
of those duties which have been en- ble.time of the convention of the
joined by the instructions heretofore ministers of the several powers.
addressed to Mr. Anderson, and The course which he adopted of
Mr. Sergeant, or to either of them, announcing himself to such of
so far as they remain to be executed. them as had arrived at Mexico, is
And the president relies, with approved. From the answers he
great confidence, on the zeal and received to his note, it appears
ability of both of you, to promote. thateight months, from the 15th
1'l.BLlC DOCUMENTS. [55

ot' July last, were specified as the mains. Their value does not en-
period within which the treaties tirelydepend upon the forms of
concluded at Panama were to be the governments which may con-
and when it was expected
ratified, cur in their establishment, but exist
the Congress would again meet. at all times, and under every form
That term expired on the 15th in- of government.
stant. It is probable, therefore, You will, in all your conversa-
that, about this time, the ministers tions and intercourse with the other
of the various powers will assemble ministers, endeavour to strengthen
at Tacubaya. But if they should them in the faith of free institu-
not meet before the first of June tions,and to guard them against
next, Mr. Sergeant may, after that any ambitious schemes and plans,
day, return to the United States from whatever quarter they may
without further detention. In the proceed, tending to subvert liberal
event of his return, Mr. Poinsett systems.
will consider the duties of the joint Mr. Rochester, having been ap-
mission as devolving on him alone ; pointed Charge d'Affaires to Gua-
and should the Congress assemble temala, Mr. John Speed Smith, of
subsequent to that period, and Mr. Kentucky, formerly a member of
Sergeant should avail himself of the House of Representatives, is
the permission now given him to appointed secretary to your mis-
leave Mexico, Mr. Poinsett will sion. In the event of his accep-
attend the Congress in behalf of tance, (of which advice has not yet
the United States, reached the department,) he is ex-
The intelligence which has pected to proceed from Kentucky,
reached us from many points, as to by the way of New-Orleans, to
the ambitious projects and views of join you.
Bolivar, has abated very much the You are at liberty to detain the
strong hopes which were once en- bearer of this letter a reasonable
tertained of the favourable results time, to convey any despatches you
of the Congress of the American may wish to forward to this govern-
nations. If that intelligence be ment. If you should not wish him
well founded, (as there is much to remain at Mexico for that pur.
reason to apprehend,) it is proba- pose, afterstopping about two weeks
ble that he does not look upon the to recover from the fatigues of the
Congress in the same interesting journey and voyage, he will return
he formerly did. Still the
light that to the United States with such de-
objects which are contemplated by spatches as you may confide to
your instructions are so highly im- him.
portant, that the President thinks I am, with great respect,
their accomplishment ought not to Your obedient servant,
be abandoned whilst any hope re- H. CLAY.
56] ANNUAL REGISTER, 1827-8-9.

CORRESPONDENCE CONCERNING THE NORTHEASTERN


BOUNDARY OF THE UNITED STATES.
MR. CLAY TO MR. VAUGHAN.

The undersigned, Secretary of state of the negotiation between


State of the United States, has the the two governments, having for
honour to inform Mr. Vaughan, his their object the settlement of the
Britannic majesty's Envoy Extra- question of disputed boundary,
ordinary, and Minister Plenipo- heartily concurs with Mr. Vaughan
tentiary, that, about the date of his in the sentiment expressed in the
note of the 21st of November last, conclusion of his note, that too
in answer to one from the under- much vigilance cannot be exerted
signed, of the 17th of the same by the authorities on both sides, to
month, it was deemed expedient to remove misapprehension, and to
depute an agent to that portion of control allmisconduct arising out
the state of Maine which is claimed of it. The undersigned also parti,
by the British government as being cipates with Mr. Vaughan in the
part of the province of New Bruns- regret which he feels on account
wick, to inquire into the origin of of the collisions of authority to
settlements made thereon, the which both countries are so re-
causes of recent disturbances peatedly exposed by the long delay
among the settlers, and especially which has taken place in the final
into the grounds of the arrest, de- adjustment of the boundary on the
portation, and detention in confine, northeast frontier of the United
ment, at Frederickton, of John States. Without meaning to allege
Baker, a citizen of the United that the British government is
States. Accordingly, a Mr. S. B. justly chargeable with having in.
Barrell was selected for the pur- tentionally contributed to that de-
pore, and sent on that service. lay, the undersigned is fully per-
About the sameperiod, the govern- suaded that Mr. Vaughan must
ment of Maine also appointed an agree that the United States has
agent to proceed to the disputed not unnecessarily prolonged it.
territory, and to Frederickton, for Considering the course which the
the purpose of making the same business is now likely to take, it

investigations. The undersigned ought to be the earnest endeavour


postponed transmitting to Mr. of both governments, and it will
Vaughan a reply to hisabovemen- certainly be that of the government
tioned note, until the report of Mr. of the United States, to avoid giv-
Barrell should be received. He ing any just occasion of inquietude,
has now the honour of laying be- until the experiment of the arbi-
fore Mr. Vaughan a copy of that tration shall have been crowned
report, and also a copy of the re- with success, or been attended with
port made by the agent of the go- failure. Although the reports of
vernment of Maine and he avails
;
the two agents before referred to,
himself of this occasion to submit establish that there was some mis-
a few observations. representation in the accounts of
The undersigned, in the actual the disturbances which had reach-
PUBLIC DOCUMENTS. [57

ed the government of the United state of Massachusetts, to which


States prior to Mr. Barrell's depar- the territory then belonged, by in-
ture on his agency, and which had dividuals, posterior to the treaty of
been communicated to Mr. Vaugh- 1783. That settlement of those
an, they disclose some transactions individuals could not affect or im-
which the President has seen with pair, in any manner whatever, the
regret. right of the state of Massachusetts,
The undersigned cannot agree or give any stength to the preten-
with Mr. Vaughan in the conclu- sions of the British government.
sion to which he has brought him- The settlers, in consequence, pro-
self, that the sovereignty and juris- bably, of their remoteness, and
diction over the territory in dispute their quiet and peaceable conduct,
have remained with Great Britain, do not appear for a long time to
because the two governments have have attracted the attention of
been unable to reconcile tlie diffe- either the state of Massachusetts
rence between them respecting or that of the adjoining British pro-
the boundary. Nor can he assent vince. It was not till the year
to the proposition stated by him, 1790, that the government of New-
that the occupation and possession Brunswick took upon itself to grant
erf that
territory was in the crown lands to the intruders. No know-
of Great Britain prior to the con- ledge of these grants is believed to
clusion of the treaty of 1783, if it have been obtained until recently,
were his intention to describe any by either the government of Mas-
other than a constructive posses- sachusetts or Maine, or that of the
sion. Prior to that epoch, the United States. The provincial
whole country now in contest was government had no colour of au-
an uninhabited waste. Being, then, thority to issue those grants for
an indisputed part of the territory lands then tying within the state of
of the King of Great Britain, he Massachusetts. It cannot be ad-
had the constructive, and the right mitted that they affected the rights
of the actual possession. If, as of the United States as acquired by
the government of the United the treaty of peace. If, in conse-
States contend, the disputed terri- quence of the Madawasca settle-
tory is included within their limits, ment, a possession de facto Aas
as defined in the provisional articles obtained by the government of
of peace between the United States New-Brunswick, it must be re-
and Great Britain, of November, garded as a possession limited by
1782, and the definitive treaty the actual occupancy of the set-
which was concluded in September tlers, and not extending to the un-
of the following year, the prior inhabited portions of the adjoining
right of Great Britain became, waste. Although, subsequent to
thereby, transferred to the govern- the year 1790, the provincial go-
ment of the United States, arid it vernment appears to have exer-
drew after it the constructive pos- cised, occasionally, a jurisdiction
session of the disputed territory. over the settlement, ithas not been
The settlement on the Madawasca, exclusive. As late as 1820, the
the earliest that has been made inhabitants of the settlement were
within its limits, was an authorized enumerated as a part of the popu-
intrusion on the .property of the lation of the United States, by their
8
ANNUAL- REGISTER.
officerscharged with the duty of ment was made only about six
taking the periodical census for years ago, partly by American
which their constitution and laws citizens,and partly by British sub-
provide. jects. Thesettlers supposed they
The settlement of John Baker were establishing themselves on
appears to have been made outside American ground, and beyond the
of the M
adawasca settlement, upon British jurisdiction. It has been

contiguous waste lands. Other only within these three or four


American citizens established years past, that the provincial go-
themselves in his neighbourhood. vernment has undertaken to issue
Whatever jurisdiction the govern- civil process against the settlers ;
ment of New-Brunswick might and, as late as last summer, process
claim in virtue of the Madawasca for trespass and intrusion on the
settlement, being confined to it, crown lands was, for the first time,
could not be rightfully extended to issued. These proceedings can-
Baker and his American neigh' not be reconciled with the resolu-
hours. Even if he had been guilty tion which you state to have been
of any irregularity of conduct, he adopted by His Britannic Majesty's
was not amenable to the provincial Lieutenant Governor of New-
government, but own. His
to his Brunswick, to maintain the disputed
arrest, therefore,on that disputed territory in the same state in which
ground, and transportation from it his excellency received it, after the
to Frederickton, at a considerable conclusion of the treaty of Ghent.
distance from his family, and his Nor can they be reconciled with
confinement in a loathsome jail, that mutual forbearance to perform
cannot be justified. It is a pro- any new act of sovereignty within
ceeding which seems to have been the disputed territory, having a ten-
adopted without regard to the rights dency to strengthen the claim of
of the United States in the territory it, which it has
the party exercising
in question, and which assumes an been expected would be observed
exclusive jurisdiction on the partof by the two governments, during
the provincial government. Nor the progress of their endeavours
is it compatible with that modera- amicably to adjust their question
tion and forbearance which, it has of boundary. The undersigned
been uuderstood between the two must protest, in behalf of his go-
governments, should be mutually vernment, against any exercise of
practised, until the question of right acts of exclusive jurisdiction by the
between them was finally settled. British authority, on the Madawas-
I am charged, therefore, by the ca, the Aroostook, or within any
President, to demand the immediate other part of the disputed territory,
liberation ofJohn Baker, and a full before the final settlement of that
indemnity for the injuries which he question; and he is directed to ex-
has suffered in the arrest and de- press the President's expectation
tention of his person. that Mr. Vaughan will make such
Nor can the President view with representations as will prevent, in
satisfaction the exercise of jurisdic- future,any such jurisdiction from
tion, on the part of the provincial being exerted.
government, over the settlement The undersigned requests Mr.
on the Aroostook. That settle-
Vaughan, on this occasion, to ac-
PUBLIC DOCUMENTS.

eept assurances of his high consi- ever may be the conviction of the
deration. government of the United States,
H. CLAY. with regard to the extent of the
DEPARTMENT OF STATE. limits assigned to it by that treaty,

Washington, Feb. 20, 1828. those limits are still undefined, and
remain unadjusted and, notwith-
;

MR. VAUGHAN TO Mr. CLAY. standing the reports of the com-


Washington, February, 1818. missioners of Boundary, and, after
The undersigned, Envoy Ex- repeated negotiations, remained to
traordinary and Minister Plenipo- be settled by a reference to a
tentiary of his Britannic Majesty, friendly sovereign, it is the opinion
has the honour to acknowledge the of the undersigned that the sove-
receipt of a note from the Secretary reignty and jurisdiction of the dis-
of State of the United States, en- puted territory rests with Great
closing a copy of the report made Britain, until that portion of it de-
by the agent of the general govern- signated in the treaty of 1783 shall
ment, and a copy of the reports made have been finally set apart from
by the agent of the government of the British possessions, as belong-
the state of Maine, sent to inquire ing to the United States.
into the proceedings which took The British settlement upon the
place, not long since, in the dispu- Madawasca river is considered by
ted territory within the province of Mr. Clay as an unauthorized intru-
New-Brunswick. sion on the property of the state
The undersigned has not any re- of Massachusetts. When the treaty
marks to make upon the reports of 1783 was concluded, New-Bruns-
which have been submitted to him ;
wick had not been erected into a
but he is glad to learn, from Mr. separate province, but it was in-
Clay's note, that it appears, from cluded in the province of Nova
those reports, that some misrepre- Scotia. The St. Croix river was
sentation took place in the accounts then considered to be the boun.
which had reached the government dary, on the northeast, of Massa-
of the United States, respecting the chusetts, and on the West of
recent disturbances which took Nova Scotia. Some difficulty
place amongst the settlers in the might have arisen about the exact
disputed territory. boundary between that province
The Secretary of State expresses and Massachusetts, on account of
his dissent to the principle laid the uncertainty of the limits of
down by the undersigned, in his Acadia, (which now forms the pro.
note of the 21st of November last, vince of New Brunswick) as ceded
that the sovereignty and jurisdic- by France to Great Britain in 1713.
tion over the territory in dispute The undersigned, however, can-
continue to be vested in Great not acquiesce in the pretensions of
Britain, until the two governments Massachusetts to the territory upon
shall have reconciled their differen- the Madawasca, which lies to the
ces respecting the line of boundary. north of the St. John's, and falls
Mr. Clay observes that the United into that river at a distance from
"

States contend that possession was its source. It remains to be seen,


transferred to them by the treaty of when the position of the northwest
1782, which places the disputed angle of Nova Scotia shall have
territory within their limits, What- een determined, whether the Hii^
ANNUAL REGISTER, 1827-8-0.

of boundary between Great Britain it; as he had applied for, and re-
and the United States will intersect ceived, in. 1822, the bounty upon
any portion of the Madawasca ter- corn grown in newly cultivated
ritory. In the mean time, the un- ground, given by the government
dersigned begs leave to express his of that province. A moderate bail
conviction, that neither the esta- was demanded of Baker, for his
blishment of settlements upon that appearance to take his trial. He
river, nor the grants of land made did not profit by this offer of the
to the settlers by the government magistrates, and thereby obtain his
of New-Brunswick, in 1790, can, release from confinement, because
in any shape, affect the final set- he understood that a writ had been
tlement of the boundary, or tend, taken out against him by some one
as Mr. Clay seems to imagine, of his creditors. It does not ap-
to strengthen the claims of Great pear that the proceedings have
Britain, or in any manner to inva- been carried on against him with
lidate the rights acquired by the any unusual severity; and after
United States under the treaty of the investigation which has taken
1783. place into all the circumstances
The Secretary of State ob- attending his arrest, the undersign-
serves, in his last note, that the ju- ed did not expect that the Presi-
risdiction exercised by the govern- dent of the United States would
ment of New-Brunswick, in the have demanded his immediate libe-
Madawasca settlement, has not ration, and full indemnity for the
been exclusive, inasmuch as an injuries he has suffered by the ar-
agent sent by the Governor of the rest and detention of his person.
State of Maine took the census of A copy of the note which the un-
the population in 1820, as belong- dersigned has had the honour to
ing to that state. The undersign- receive from the Secretary of State
ed begs leave to remind Mr. Clay, shall be immediately transmitted to
that that attempt of the state of his majesty's government, and to
Maine to interpose its jurisdiction the Lieutenant Governor of New-
was considered by the British go- Brunswick.
vernment as an encroachment, and It appears that the President of
it was the subject of a remon- the United States does not view
strance to the government of the with satisfaction the exercise of
United States. jurisdiction by the government of
With regard to the arrest of New-Brunswick, in a settlement
John Baker, surely his outrageous upon the Aroostook river, which
conduct in stopping the mail from had its origin in the unauthorized
Canada, in hoisting the American residence of stragglers from other
flag, and forming a combination to districts. They remained for some
transfer the territory in which he time unnoticed ; but, within the last
resided to the United States, made three or four years, civil process
him amenable to the laws. Al- has been issued against the settlers
though his residence, as it is ob- by the provincial government,
served by Mr. Clay, was not ac- which Mr. Clay a loss to re-
is at

tually in the* Madawasca settle- concile with the resolution which the
ment, it was within the jurisdiction undersigned has stated to have been
of New-Brunswick, and he knew adopted by the Lieutenant Gover.
PUBLIC DOCUMENTS. [61

nor of New-Brunswick, to maintain abeyance, the title of the United


the disputed territory in the state States.
in which it was after the conclusion The undersigned cannot conclude
of the treaty of Ghent. The un- this note without expressing his
dersigned is convinced that Mr. Clay anxious wishes that the measure)
will admit that no part of the dispu- now resorted to by both Govern-
ted territory can be left without the ments, of arbitration, may put at
control of any civil authority. All rest, for ever, the question of boun-
persons, of whatever description, dary which has lately so repeatedly
who take up their residence in the occupied the attention of the Secre-
disputed territory, are within the tary of State and of the under-
British jurisdiction, until the boun- signed.
dary line is adjusted, and are ame- The undersigned requests Mr.
nable to the government of New- Clay accept the assurances of
to
Brunswick, and owe a tempora- his highest consideration.
ry allegiance to His Majesty, so CHAS. R. VAUGHAN.
long as they remain under his pro-
tection. It is not for the Lieute- Mr. Clay to Mr. Vaughan.
nant Governer of New-Brunswick Rt. Hon. CHAS. R. VAUGHAN, &c,
to surrender up the exercise of an &c. &c.
ancient jurisdiction, but in strict con- The undersigned, Secretary of
formity with his resolution, above State of the United States, in ac-
alluded to. His Excellency has knowledging the receipt, on the
exercised it with great moderation, 20th ult. of the note of Mr.
by refusing to make grants of land, Vaughan, of the day of that
and by suspending the issuing of month, in answer to that which the
licenses for the cutting of timber, undersigned had the honour to ad-
and by strictly enjoining all magis- dress to him, transmitting the re-
trates under his control to prevent ports made by the agents of the
trespasses and intrusions of every United States and the State of
description. The Secretary of Maine, would have restricted him-
State may rely upon the moderation self to a simple expression of his
with which the jurisdiction will be satisfaction with the engagement of
exercised by His Excellency over Mr. Vaughan to lay the demand of
the disputed territory. the Government of the United States
The undersigned has observed for the immediate liberation of John
that a misconception pervades all the Baker, and a full indemnity for the
papers, which have fallen under his injuries he had suffered by his ar-
notice, from the State of Maine. rest and detention,before thegovern-
The disputed territory is invariably ments of Great Britain and the Pro-
represented as a part of that State, vince of New-Brunswick, but for
unjustly withheld from it overlook-
; certain opinions and principles ad-
ing, always, the difficulties which vanced by Mr. Vaughan, to which
Great Britain and the United States the undersigned cannot assent.
have encountered in appropriating And he feels it to be necessary, to
and setting apart that portion which guard against any misinterpreta-
belongs to the United States under tion from his silence, expressely to
the treaty of 1783, and which have state his dissent from them. In
so unfortunately kept, as it were, in doing this, he will avoid, as much as
62] ANNUAL REGISTER, 1827-8-9.

possible, any discussion of the re- Great Britain, than the treaty of
spective claims of the two countries peace of 1783, was necessary and;

to the disputed territory. If it were that, until that other act should be
necessary to enter into that argu- performed, the United States could
ment, it would not be difficult to not be considered in possession.
maintain as clear a right, on the This argument would prove that
part of the United States, to that the United States are not now law-
territory, as they have to any fully in possession of any portion
other portion of the territory which of the territory which they ac-
was acknowledged by Great Bri- quired in the war of their Indepen-
tain to belong to them by the dence the treaty of 1783 being
;

treaty of 1783. But as, by the


.
the only act of separation in virtue
arrangements between the two go- of which they are in possession of
vernments, the question of right has their territory. If, at the conclusion
received a different disposition, it is of the treaty of 1783, Great Britain
unnecessary to give it a
particular had had the actual, and not merely
Consideration here. The corres- constructive possession, and that
pondence which the undersigned actual possession had all along re-
has had the honour of holding with mained with her, Mr. Vaughan
Mr. Vaughan has related to the in- might have contended that the go-
termediate possession, and to acts vernment of Great Britain had a
of jurisdiction within the dispu- right to exercise a jurisdiction, de
ted territory, until the right is finally facto, over the disputed territory.
settled. It would furnish a just oc- But at that epoch neither party had
casion for serious regret, if, whilst the actual possession of the dis.
the settlement of that question is in puted territory, which was then an
amicable progress, any misunder- uninhabited waste. Which of the
standing should arise between the parties had the right to the posses-
two governments, in consequence sion, depended upon the limits of
of what must be regarded by the the treaty of 1783. If, as the Uni.

government of the United States ted States contend, those limits em-
as the unwarranted exercise of a braced it, they had the right both
right of jurisdiction by the govern- of sovereignty and to the possession,
ment of the province of New- and Great Britain could not law-
Brunswick within the disputed ter- fully exercise either. It is true

ritory. that Great Britain asserts that those


The undersigned cannot concur limits do not comprehend the dis-
in the opinion that the limits of the puted territory. On that point the
treaty of 1783, being undefined parties are at issue, and cannot
and unadjusted, the sovereignty agree. They have, however, ami-
and jurisdiction of the disputed ter- cably agreed to refer the decision
ritory rests with Great Britain, un- of it to a common friend. Whilst
til that
portion of it, designated in the experiment is making for this
the treaty of 1883, shall have been peaceable settlement of the ques-
finally set apart from the British tion, ought either of the parties to
possessions as belonging to the assume the exercise of sovereignty
United States. Mr. Vaughan's ar- or jurisdiction within the contested
gument assumes that some other territory ? If he does, can he ex-
act of setting apart the territories peet the other parly to acquiesce in
of the United States from those of it. or to look on with indifference?
m.:BL10 DOCUMENTS. [63

It was a mutual conviction of the justification for his arrest, and the
irritating consequence which would subsequent proceedings against
ensue from the exercise of a sepa- him in the courts of New-Bruns-
rate jurisdiction by either of the wick. The President is far from
parties, that led to the under- being disposed to sanction any acts
standing, which has so long pre- of Mr. Baker, by which, on his pri-
vailed between them, to abstain vate authority, he would undertake
from all acts of exclusive jurisdic- the settlement of a national dispute.
tion which might have a tendency He derived no power for any such
to produce inquietude. In con- acts, either from the government of
formity with that understanding, the United States, or, as is believed,
licenses to cut timber from the dis- from the government of Maine.
puted territory, granted by the pro- National disputes ought always to
vincial authority, had been revoked, be adjusted by national, and not in-
and the practice of cutting and re- dividual authority. The acts of
moving the timber has been under- Baker complained of, were, how-
stood,by the government of the ever, performed by him under a
United States, to have been discon- belief that he was within the right-
tinued. ful limits of the state of Maine, and
It follows from the view now pre- with no view of violating the terri-
sented, that the undersigned can- tory, or offending against the laws
not subscribe to the opinion, that of Great Britain. This case, there-
the jurisdiction of the British go- fore, is very different from what it
vernment, through its provincial would have been, if the irregulari-
authority, over the disputed terri- ties attributed to him had been com-

tory, has continued with Great Bri- mitted on the uncontested territory
tain, notwithstanding the treaty of of Great Britain.
1783. To maintain that opinion, The undersigned finds himself as
Mr. Vaughan must make out, either, unable to agree that the misconduct
first, that the terms of the treaty do of Mr. Baker, whatever it may have
exclude altogether the disputed ter- been, warranted the government of
ritory, or that, if they include it, New-Brunswick in taking cogni-
actual possession of the disputed zance of his case, for the purpose
territory was with Great Britain in of trying and punishing him by Bri-
1783. Neither proposition can be tish laws, as he was unprepared to
established. admit that the want of civil govern-
Mr. Vaughan seems to think that ment, on the part of the inhabitants
some civil government is absolutely of the disputed territory, created a
necessary within the disputed ter- right in the government of New-
ritory. If its utility be conceded Brunswick to supply, in that re-
in reference to the inhabitants, it In assu-
spect, their necessities.
would not be a necessary conse- ming that Baker rendered himself
quence that the government of amenable to the laws of New-
New-Brunswick, and not the state Brunswick, Mr; Vaughan decides
of Maine, ought to exert the requi- the very question in controversy.
site civil authority. He decides that the part of Maine
The alleged irregularity of the in contest appertains to the province
conduct of John Baker is relied of New-Brunswick, and that the
upon by Mr. Vaughan as forming a laws of New-Brunswick can run
04] ANM AL REGISTER, 18-27-8-9.

into the state of Maine, as the limits be sufficient to remove them and
;

of that state are understood to exist that, if he,Mr. Bagot, would pro-
by the government of the United cure and communicate their names
States. The provincial govern- to the Secretary of State, he would
ment of New-Brunswick, in the invite the governor of Massachu-
arrest and trial of Baker, for acts setts to take the necessary mea-
of his, done on the disputed terri- sures for restraining them. But
tory, commits the very error which their, names were never, in fact,
is ascribed to Baker, that of under- disclosed to this government.
.

taking, in effect, to determine a Among the papers recently com-


national question, the decision of municated by the government of
which should be left to the govern- New-Brunswick to Mr. Barrell, the
ment of Great Britain and the Uni- agent of the United States, the Pre-
ted States, which are, in fact, en- sident has observed, with regret and
deavouring peaceably to settle it. surprise, a letter from Mr. Bagot to
It would have been more con- the lieutenant governor of the pro-
formable with good neighbourhood, vince, bearing date the 8th of De-
and the respective claims of the cember, 1818, in which, after re-
two governments, as well as the ferring to the above interview, Mr.
mutual forbearance which they Bagot gives it as his opinion that
stand pledged to each other to prac- the government of New-Brunswick
tise, if a friendly representation had might remove the settlers by force.
been made to the government of the This conclusion is not only unwar-
United States ot any misconduct ranted by any thing which passed
charged against John Baker, or any at that interview, but, I am directed
other citizen of the United States,in- to say, is contrary to that which

habiting the disputed territory, ac- the government of the United States
companied by a request for the re- had reason to expect would have
dress called for by the nature of resulted from it. So far from con-
the case. Such was the course ceding a right in the government
pursued by Sir Charles Bagot, as of New-Brunswick forcibly to re-
far back as the year 1818. In move those persons, their names
December of that year, he had an were requested, to enable their own
interview with the Secretary of government to operate upon them,
State, in which he preferred. a com- if necessary. In the letter from
plaint of irregular settlements at- Mr. Bagot to the lieutenant go-
tempted by citizens of the United vernor of New-Brunswick, he did,
States on the lands in controversy. agreeably to the request of the
The Secretary of State, on receiv- Secretary of State, ask for their
ing the complaint, stated that he names, whilst the advice that the
supposed the settlers were of that government of New-Brunswick
class of intruders denominated should forcibly remove them as in-
squatters, meaning persons who truders obviously superseded the
commence settlements upon the only practical purpose for which'
public lands without title that, as,
;
their names had been desired, that
by Mr. Bagot's representation, it the governor of Massachusetts
appeared that they were entering might be called upon by peaceable
on the disputed borders in families, means, and by his lawful authority,
peaceable means would, doubtless. to restrain them.
PUBLIC DOCUMENTS.

The enumeration of the settlers applied to the government of the


on the Madawasca, as a part of the United States, to remove the set-
population of the United States, tlers, he would have manifested a
which took place in 1820, was not disposition to preserve the dispu-
under the authority of the state of ted territory in the state in which
Maine it was made in virtue of
;
^it was at the conclusion of the
the laws of the United States, and treaty of Ghent. But, by treat,
by officers duly commissioned by ing the settlers as British subjects,
them. Mr. Vaughan says, there and enforcing on them British
was a remonstrance against it at laws, there is, at the same time, a
the time no trace of any such re-
;
manifest departure from the reso-
monstrance is discernible in the lution formed by the Lieut. Gover-
records of this department. nor, and a disregard of the lawful
In the note which Mr. Vaughaa rights of the United States. If a
addressed to the undersigned, on succession of illegal settlements
the 21st day of November last, it can be made within the territory,
was stated that the Lieut. Gover- and of these unauthorized intru-
nor of New-Brunswick had resol- sions lay a just ground for the
ved to maintain the disputed terri- exercise of British authority, and
tory in the state in which it was at thexenforcement of British laws, it
the conclusion of the treaty of is obvious that, so far from main-
Ghent that treaty was signed on
:
taining the country in the uninha-
the 24th of December, 1814, and bited state in which it was at the
the exchange of its ratifications date of the Treaty of Ghent, the
was made on the 17th day of Feb- whole of it may become peopled,
ruary, of the ensuing year. More and be brought, with its inhabi-
than seven years thereafter, and tants,under British subjection.
four years after the interview be- Mr. Vaughan supposes that the
tween Sir Charles Bagot and the acts of British authority, to which
Secretary of State, certain persons, the undersigned, in the course of
without authority, settled them- this correspondence, has had oc-
selves on the waste and uninha- casion to object, can in no shape
bited lands of the Aroostook, within affect the final settlement of the
the disputed territory, supposing boundary, nor tend to strengthen
that they were occupying Ameri- the claims of Great Britain, nor in
can ground. Within only three or any manner to invalidate the rights
four years past, the provincial of the United States. If there were
government has undertaiken to is- an absolute certainty of a speedy
sue civilprocess against the set- settlement of the boundary within
tlers, for the purpose of enforcing a definite time, Mr. Vaughan might
the collection of debts, and the be correct in supposing that the
performance of other social duties. rights of the respective parties
The undersigned, in his note of the would not be ultimately affected by
20th ultimo, has stated that he those acts of jurisdiction. But it
could not reconcile this exercise of is now near half a century since

jurisdiction with the above resolu- the conclusion of the treaty of


tion of the Lieutenant Governor of
peace, out of which the contro-
New-Brunswick, and he is still versy grows, and it is more than
unable to perceive their compati- thirteen years, since the final rati-
bility. If the Lieut. Governor had fication of that of Ghent, providing
AXIS UAL REGISTER, 1627-5-9.

a mode of amicably settling the dis- tiary, has the honour to acknow-
pute. It remains unadjusted. Mr. ledge the receipt of the note of the
Vaughan, himself, has repeatedly Secretary of State of the United
expressed regret, in which the un- States, dated the 17th instant, in
dersigned has fully participated, which, in order to guard against
on account of the delay. Judging any misrepresention of his silence,
from past experience, as well as he has taken occasion to express
the uncertainty of human affairs in his decided dissent from the princi-
general, we are far from being sure ples and opinions advanced by the
when a decision will take place. undersigned, in justification of cer-
If, in the mean time, Great Britain tain acts of jurisdiction which have
were to be allowed quietly to pos- been exercised in the disputed ter-
sess herself of the disputed ter- ritory by the provincial authorities
ritory, and to extend her sway over of New Brunswick.
it, she would have no motive for As it is the intention of the un*
co-operating in quickening the ter- dersignecl to submit to the conside-
mination of the settlement of the ration of His Majesty's govern-
question. Without imputing to her ment the correspondence which
a disposition to procrastination, she has taken place between the Sec-
would, in such a state of things, retary of State of the United States
be in the substantial enjoyment of and himself, he is not disposed to
all the
advantages of a decision of prolong the discussion respecting
tKe controversy in her favour. The the exercise of jurisdiction in the
President of the United States can- disputed territory.
not consent to this unequal con- When he received the com-
dition of the parties and the un-
:
plaints against the conduct of the
dersigned, in conclusion, is charged Lieutenant Governor of New-
again to protest against the exercise Brunswick, he thought it his duty
of all and every act of exclusive to suggest the grounds upon which

jurisdiction, on the part of the go- that conduct might be justified, and
vernment of the province of New- the irritation might be mitigated
Brunswick and to announce to
;
which was likely to arise out of it.
Mr. Vaughan, that that government The undersigned is at a loss to
willbe responsible for all the con- understand the distinction made by
sequences, whatever they may be, Mr. Clay, between the actual and
to which any of those acts of constructive possession of the dis-
juris-
diction may lead. puted territory, previously to the
The undersigned requests Mr. conclusion of the treaty of 1783.
Vaughan to accept the renewed Though a part of that territory was
assurances of his high considera- uninhabited, and in a state of waste,
tion. H. CLAY. so far from neither party
having
DEPARTMENT OF STATE, the actual possession, the sove-

Washington, 17th March, 1828. reignty and possession of the en-


tire Province of Nova Scotia was
vested indisputably in His Britan-
Mr. Vaughan to Mr. Clay. nic Majesty, and it is the received
The Hon. HENRY CLAY, &c. opinion that the Plenipotentiaries
dec. &c. The undersigned, His engaged in concluding the treaty
Britannic Majesty's Envoy Extra- of 1783, did intend, and did agree
ordinary and Minister Plenipoten- to leave untouched, the rights of
PUBLIC DOCUMENTS.

His Majesty over the province of optional in his excellency to exer-


Nova Scotia. cise, or not, jurisdiction within the
The boundary, from the mouth limits of his province.
of the river St. Croix to its sources, Proceedings in a tract of land
is clearly defined the right con-
; upon the river Madawasca, in
tinuation of the line entirely de- which a settlement was established
pends, upon the position of the soon after the treaty of 1783, by
northwest angle of Nova Scotia, French Acadians, have furnished,
which the British commissioners of repeatedly, cause of remonstrance
boundary, under the fifth article of to both governments. From the
the treaty of Ghent, have placed date of 1786, the laws by which
at Mars Hill, and the American those settlers have been governed,
commissioners have placed at a and the magistrates by whom those
great distance to the northward, laws have been executed, have
and not far from the right bank of been derived from New-Brunswick.
the river St. Lawrence. Whether any, and what part of
The undersigned agrees with that settlement belongs to the Uni-
Mr. Clay in wishing to avoid any ted States, depends upon the pro-
discussion of the claims of the re- visions of the treaty of 1783. Until
spective governments ; but he has the two governments can agree
ventured to point out the very great upon the true intent of that treaty,
difference between the commis- possession and actual jurisdiction
sioners of boundary, as he con- remains with Great Britain.
ceives that, until that difference It is true that, in 1820, there
shall be reconciled, jurisdiction was an attempt to invalidate that
must continue to be exercised jurisdiction, when the marshal of
within the disputed limits by the the state of Maine sent an agent to.
original possessors. A
joint juris- enumerate the population of that
diction appears to the undersigned settlement, under a law enacted by
inadmissible, as it must prove im- the general government of the Uni-
practicable. ted States. The undersigned
The undersigned cannot acqui. learns, with regret, that there is no
esce in the opinion given by Mr. record in the department of state
Clay, that the issuing of legal pro- of a remonstrance against that pro-
cess, within the last few years, in a ceeding by the British government,
settlement upon the river Aroos- as he had asserted. Such was the
took, formed originally in an unau- conviction upon his mind, justified
thorized manner by stragglers from by the frequent remonstrances
other districts, is to be considered which he has been called upon to
as an infringement of the engage- make, since the summer of 1825,
ment of the Lieutenant Governor against proceedings of agents from
of New-Brunswick to preserve the the state of Maine, authorized to
disputed territory in the state in sell lands, and to lay out roads, and
which it was at the conclusion of
townships in the same district.
the treaty of Ghent. These set- With regard to the arrest of
tlements were established pre- Baker, the Secretary of State, in
viously to the government of New. his last note, seems to think, that
Brunswick being confided to Sir as he committed the outrage for
Howard Douglas; and the under- which he was taken up under a
signed conceives that it was not that he was upon Mfc*
conviction
68] ANNUAL REGISTER, 1827-8-9.

ritory belonging to the United remark, that we have demanded


States, a representation should have the liberation of John Baker, a
been made of his offence to the citizen of the United States, and
full indemnity for the wrongs which
government of the latter.
The undersigned has only to re- he has suffered by the seizure of
fer the Secretary of State to his his person within the limits of the
note dated the 27th February, state of Maine, and his subsequent
where it is shown that Baker was abduction and confinement at Fre-
perfectly aware of his residing derickton in jail. We have also
within the jurisdiction of New- demanded, that the government of
Brunswick, as he had received the New-Brunswick shall cease from
provincial bounty for corn raised the exercise of all and every act of
upon land newly brought into cul- exclusive jurisdiction within the
tivation. disputed territory, until the ques-
The undersigned regrets that he tion of right is settled by the two
should have found himself under governments. The considerations
the necessity of making the fore- which have led to those demands
going observations and he cannot
; are so fully set out in the corres-
conclude without expressing his pondence, that it is not deemed
earnest wish that the reference to necessary now to repeat them.
arbitration may relieve the Secre- The President charges me to in-
tary of State, and the undersigned, struct you to address an official
from any further discussion rela- note to the British government,
boundary on the north-
tive to the calling upon it to interpose
its au-

eastern frontier of the United thority with the provincial govern-


States. ment to enforce a compliance with
The undersigned avails himself both demands. The government
of occasion to renew to Mr.
this of the United States cannot con-
Clay the assurance of his distin- sent to the exercise of any sepa-
guished consideration. rate British jurisdiction within any
CHAS. R. VAUGHAN. part of the state of Maine, as the
Washington, March 25, 1828. limits of that state are defined by
the treaty of 1783, prior to the de-
MR. CLAY TO MR. LAWRENCE. cision of the question of title. And
Department of State, > if there be a perseverance in the
Washington, March 31, 1828. $ exercise of such jurisdiction, this
Wm. B. Lawrence, Charge d'
'Af- government will not hold itself re-
faires, London. sponsible for the consequences. It
SIR: I transmit herewith a may, and probably will be urged,
that if the province of New-Bruns-
copy of a correspondence which
has passed between Mr. Vaughan, wick should abstain from exerting
the British minister, and this de- its authority over the inhabitants
exercise situated on the controverted ground,
partment, respecting the
of jurisdiction, on the part of the disorder and anarchy amongst them
within will ensue. Should such an argu-
province of New-Brunswick,
the territory respectively claimed ment be brought forward, you will
no
by the United States and Great reply, that the inhabitants will,
Britain,, on our northeastern
bor- doubt, institute some form of go-
rtfr. In the course of it YOU will vernment themselves, adapted to
PUBLIC DOCUMENTS. [69

their condition, as they did for a rica, regrets that he is compelled

long time on the Madawaska ; that to call to the notice of his majesty's
whether they do or not, however, principal Secretary of State for
it will be competent to the govern- foreign affairs, to acts on the part of
ments of Maine and New-Bruns- the government of the province of
wick, within their respective ac- New-Brunswick, within the terri-
knowledged limits, to guard against tory claimed by the United States
any disorders; that the govern- and Great Britain respectively, not
ment of the United States cannot only wholly inconsistent with that
consent to the exercise of any ex- mutual forbearance which, it has
clusive British authority within the been understood, should govern the
contested territory, founded on the proceedings of both countries dur-
plea of necessity ;
and that many ing the pendency of the question
of the settlers being intruders upon of boundaries, for the decision of
the soil, can have no right to com- which arrangements have recently
plain of any disorders among them- been made, but of a character to
selves, resulting from their own lead, by inviting retaliation, to dif-
unauthorized intrusion. The Pre- ficulties of the most serious nature.
sident hopes that the British go- The proceedings complained of,
vernment, participating in the de- to which it will be the duty of the
sire which he most anxiously feels undersigned particularly to refer,
to avoid all collision on account of took place in settlements near the
a temporary occupation of the ter- Aroostopk and St. John's rivers,
ritory in contest, will effectually within the territory which is, and

interpose its authority to restrain always has been, considered by the


the provincial government from the United States as a part of the pre-
exercise of any jurisdiction over it. sent state, formerly district, of
Such an interposition alone will Maine. It appears from official
supersede those precautionary mea- documents, that, in this section of
sures which this government will country, various attempts to exer-
otherwise feel itself constrained to cise exclusive jurisdiction have
adopt. been made by the Lieutenant Go-
I also transmit herewith copies vernor of New-Brunswick ;
that
of the report of Mr. Barrell, and American citizens residing within
of Mr. Davis, who were respec- the territory in dispute have been
tively deputed by the governments subjected to an alien tax ; that they
of the United States, and the state have been compelled to serve in
of Maine, to proceed to the dis- the British militia ;
that the pro-
puted territory, and to ascertain vincial government has undertaken
on the spot the causes of the re- to issue civil process against them
cent disturbances which have oc- for enforcing the collection of debts,
curred there. and for other purposes ; that they
I am, respectfully, your obedient have been summoned to appear be-
servant, H. CLAY. fore the tribunals of New-Bruns-
wick for intrusion on the land oc-
MR. LAWRENCE TO LORD DUDLEY. cupied by them, as if it was the un-
Rt. hon. the Earl of Dudley, <$>c. contested property of the British
The undersigned, charge d'af- crown and that they have been
;

fairs of the United States of Ame- prosecuted before these foreign


70J ANNUAL REGISTER, 18-27-8-9

courts for alleged political offences, States, the undersigned has been
which, if punishable at all, were charged to call upon the govern-
only cognizable by the authorities ment of Great Britain to interpose
of their own country. its authority with the provincial go-
These attacks on the rights of vernment, in order to the liberation
citizens of the United States having of Mr. Baker, and to the granting
formed the subject of a correspon- to this American citizen a full indem-
dence between the British minister nity for the wrongs which he has suf-
at Washington and the American fered by the seizure of his person
Secretary of State, which it is un- within the limits ofthe state ofMaine,
derstood has been transmitted to and a subsequent abduction and con-
Lord Dudley, the undersigned does finement in jail at Frederickton.
not deem it necessary to enter into The undersigned is further in-
the details of the different indivi- structed to require, that the govern-
dual acts of exclusive jurisdiction ment of New-Brunswick shall cease
that have been matters of com- from the exercise of all and every
plaint, but hastens to a case which act of exclusive jurisdiction within
he is instructed to bring particular- the disputed territory, until the
ly under the consideration of his question of right is settled by the
majesty's government, with a view two governments of Great Britain
to the redress of which it may be and the United States.
susceptible. John Baker, a citizen The motives which have led to
of the United States, residing on a these demands may be sufficiently
tract of land situated at or near the inferred from a consideration ofthe
junction of the Meriumticook with occurrences already cited. In de-
the St. John's river, and held by claring, through the undersigned,
him under a deed from the states that it cannot consent to the exer-
of Massachusetts and Maine, was cise of any separate British juris-
arrested in his own domicile, on the diction, within any part of the state
25th of September last, under cir- of Maine, as it understands the
cumstances of aggravation. While limits of that state to be defined by
Mr. Baker and his family were the treaty of 1783, prior to the de-
asleep, his house was surrounded cision of the question of title, the
by an armed force, and entered by government of the United States is
a person of high official character only protesting against unjustifiable
in the province of New-Brunswick, encroachments on its sovereignty,
by the command of whom Mr. Ba- and asking from Great Britain what
ker was seized and conveyed to it is
willing on its side to accord
Frederickton, and their committed that forbearance which the pre-
where he is still confined
to jail, sent state of the controversy most
on a charge of an alleged misde- strongly inculcates. Indeed^ it is
meanour, growing out of a denial of only by adopting such a course that
British jurisdiction in the territory the collisions, which would arise
where he had settled, as above from an attempt by each party to
stated, under the authority of a give effect to its own pretensions,
grant from two states of the Ame- can be avoided. The importance
rican union. This transaction hav- of abstaining from any act, which
ing received the special considera- might jeopard the amicable rela-
tion of the President of the United tions between the two powers, was
PUBLIC DOCUMENTS. [71

eariy perceived ;
and instances made, by asserting a title derived

have not been wanting in which from possession. Considering the


they have both been restrained by grounds on which the claims of the
considerations of prudence and mu- United States are founded, it is not
tual respect, from exercising acts perceived how arguments drawn
of exclusive jurisdiction within the either from first occupancy or im-
disputed territory. To a complaint memorial possession can be made
made so far back as the year 1818, to bear on the final determination

by Mr. Bagot, at that time his ma- of the principal subject in discus,
jesty's minister in America, of ir- sion between the two countries, or
regular settlements attempted by how they can affect the question of
citizens of the United States on the temporaryjurisdiction. Before the
lands in controversy, the most ready independence of the United States,
attention was paid. On the other not only the territory in dispute,
hand, licenses to cut timber, granted but the whole of the adjoining pro-
by the provincial authorities, have vince and state, was the property
been revoked, and the practice of of a common sovereign. At the
cutting and removing the timber time of the division of the empire,
has been understood by the govern- the United States and Great Bri-
ment of the United States to have tain defined, in express terms, their
been discontinued. Recent cases respective territorial limits, and it
have also occurred, in which the will not, it is presumed, be asserted
interposition of the American go- that, on concluding the treaty of
vernment, requested by Mr. Vaug- 1783, jurisdiction of the one party
han, has been promptly accorded over the country allotted to it was
in the spirit of that rule, of tbe ex- less complete than that which was
pediency of which no better evi- granted to the other over its terri-
dence can be required, than the ne- tory. The treaty by which the se-
cessity which has given rise to the paration of the dominions of the
present communication. two powers was effected, may be
The undersigned purposely assimilated to a deed of partition
avoids any observations which can between individuals holding pro-
lead to a premature discussion on perty in common. From the ex-
points which are to be submitted to change of ratifications, the only
a tribunal selected by the two doubts which could arise were ne-
powers. However unanswerable cessarily restricted to the interpre-
he may conceive the arguments by tation of its
language. Nor has
which the claim of his country to any thing occurred since the revo-
the territory in questron may be lutionary war to vary the rights of
sustained, he is aware that it can Great Britain and America. The
be attended with no advantage to object of the 5th article of the treaty
adduce them on the present occa- of Ghent was merely to direct the
sion.
practical business of surveying and
The undersigned also regards as marking out the boundary line, in
inadmissible all attempts to defend order to give effect to previous
the exercise of British authority, stipulations.
in the territory referred to,
during To avoid, however, any miscon-
the time which may intervene be- struction that might be drawn from
fore the decision of the arbiter is his silence on the subject of a pos-
ANNUAL REGISTER, 1827-8-9.

sessory title, the undersigned deems formed of one or two arbiters as-
it
proper to declare that New- sociated with the Catholic priest.
Brunswick can adduce no claims The settlement on the Aroostook
by which a jurisdiction derived was made within the last six years,
from prescription, or the first occu- partly by citizens of the United
pancy of the country, can be sus- States, partly by British subjects,
tained ; and he is far from admit- but with an impression, entertained
ting that, in this view of this case, by the whole community, that they
the pretensions of the United States were establishing themselves on
are less valid than those of Great American territory. It was not,
Britain. indeed, till within three or four
Itappears, from the best infor- years, that the provincial govern-
mation that can be obtained, that ment undertook to subject these
no settlement had been made in settlers to civil process ; and last
the territory at present in dispute, summer, for the first time, proceed,
prior to the American revolution ; ings for trespass and intrusion on
a
that subsequently to that event, the crown lands were instituted
small one was formed at or near against them.
the Madawaska, by French from The opinion of Great Britain, as
Nova Scotia, who had always pre- to the practical jurisdiction exerci-

viously resisted the English autho- sed over the territory in dispute,
rity ; and that, though some grants so late as the year 1814, may be
of land may have been made to seen by a reference to the pro-
these settlers, by the provincial ceedings at Ghent. When propo-
government, before the determina- sing a revision of the boundary
tion of the river St. Croix, in pur- line of Maine, with reference to
suance of the treaty of 1794, the convenience, and asking the tract
acts of authority which took place now contested as a cession, for
were few and doubtful, nor is it which compensation was elsewhere
believed that they were, till very to be made, it is asserted by the
known much less ac-
" that
recently, to, English plenipotentiaries,
quiesced in by Massachusetts, to the greater part of the territory in
whom, the separation of Maine,
till question is actually unoccupied ;"
the jurisdiction as well as soil be- and strenuous as were the efforts
longed. There was little occasion of his majesty's ministers to adjust
for the employment of criminal pro- such a variation of line as might
cess among the relics of a primitive secure a direct communication be-
population, as these settlers were tween Quebec and Halifax, it no
" where appears, that a fact so im-
represented to be of a mild, fru-
gal, industrious, and pious charac- portant to their object as the actual
ter," desirous of finding a refuge settlement of the country by per.
under the patriarchal and spiritual sons recognising British authority,
power of their religion. For the was conceived to exist.
arrangement of their civil affairs of At as early a period as the gra-
every description, including their dual advance of population requi-
accidental disputes and differences red, the usual preliminary measures
among themselves, they were in were taken by Massachusetts, with
the habit of having recourse to a a view to the settlement of the va-
tribunal of their own establishment. cant lands on her eastern frontier.
PUBLIC DOCUMENTS. [73

hi 1801, a grant of Mars Hill was unwarranted exercise


to justify the
made of the re-
to certain soldiers of power, specially complained of,
volution by a public act of the le- is wanting even the apology of for-

gislature of the state, which was mer usage, unsatisfactory as that


followed by similar proceedings in would be.
favour of others. That the coun- The undersigned is not igno-
try was not occupied, in conformity rant of the inconvenience which
to these grants, is to be ascribed to may arise from the disorder and
the delays usually attendant upon anarchy to which the inhabitants of
the settlement of an exposed fron- the controverted district may be
tier, and to interruptions grow- exposed, should no authority be
ing out of apprehensions of hostili- exercised over them, either by the
ties with the United States or the neighbouring
neighbouring pro-
vince, which were realized by the British province. This is, howe-
declaration of war made by the ver, an evil, to remedy which does
United States against Great Britain not necessarily demand the inter-
in 1812. Not only have many position of New-Brunswick more
acts of authority, in the territory than of the state of Maine. It is
now in dispute been subsequently an inconvenience which the United
exercised by the states of Massa- States cannot consent to remove
chusetts and Maine, but in 1820, by subjecting American territory
the enumeration of the settlers on to a foreign jurisdiction. It is be-
the Madawaska took place under lieved that, should the settlers be
the supreme authority of the Uni- left to themselves, they will insti-
ted States, and without, as far as tute some form of government
can be ascertained, any remon- adapted to their condition, as was
strance on the part of Great Bri- done for a long time on the Mada-
tain, orof the proviace of New- waska; that whether they do or
Brunswick. not, it will be competent to the
In the case of the land on which governments of Maine and New-
his unfortunate fellow citizen, now Brunswick, within their respective
imprisoned at Fredrickton, was ar- acknowledged limits, to guard
rested, the undersigned would re- against any disorders. At all
mark, that though it is situated in a events, the government of the Uni-
section of country to which the ted States cannot consent to the
general description of Madawaska exercise of any exclusive British
is applied, the territoryon which authority within the contested ter-
Mr. Baker and other Americans ritory, founded on the plea of ne-
have established themselves, is to cessity ; and, as many of the set-
the west of the ancient settlement tlers are intruders on the soil, they
of the French Acadians, and it is can have no right to complain of
believed that no part of the coun-
any disorders among themselves,
try where they reside, that is to say, resulting from their own unauthori-
of the track on the St. John's be- zed acts of intrusion.
tween the Meriumpticook and St. The undersigned, on this occa-
Francis rivers, has ever been in sion, cannot avoid observing, that
the possession of persons acknow- the inconveniences which confes-
ledging allegiance to the British sedly arise from the unsettled state
government. It thus appears that, of the boundary between the do-
10
REGISTER, 1827-8-9.

minions of the United States and sition alone will supersede those
Great Britain, constitute a most precautionary measures which the
powerful reason for the adoption of government of the United States
every measure calculated to insure will otherwise feel itself constrain-
a prompt decision of the main ed to adopt.
question at issue. A convention, The undersigned has the honour
formed with a view of submitting to renew to lord Dudley the assu-
the conflicting decisions of the rance of his highest consideration.
commissioners under the fifth ar- W. B. LAWRENCE.
ticle of the treaty of Ghent to the 16, Lower Seymour-street,
arbitration of a friendly sovereign 5thMay, 1823.
or state, having received the as-
sent of both the high contracting Mr. Lawrence to Mr. Clay.
parties, become obligatory on them Legation of the U. S.
bv an exchange of their respec- London, 26th June, 1828.
tive ratifications on the second of Sir, After having, at our con-
April last. In the same official ference on the 19th instant, dispo-
communication in which the un- sed of the business in relation to
dersigned acquainted the earl of the arbiter, lord Aberdeen directed
Dudley with his authority to ex- the conversation to the subject of
change the ratification of the presi-
-
the jurisdiction to be exercised
dent of the United States for that over the disputed territory pending
of the king, he announced his ha- the suit. He seemed to consider
ing received iustructions in relation an exclusive authority derived from
to the further arrangements con- a regular government to be indis-
templated by the convention ; and pensable ; and subsequently pro-
no effort on the part of the United ceeded to maintain that to Great
States, which could, with propriety, Britain this jurisdiction belonged,
be made, has been wanting to ful- at least till his majesty was dives-

fil, literally, the stipulations by ted of it by the decision of the ar-


which the contracting parties en- biter.

gaged to proceed in concert to the In replying to the observations


choice of a friendly sovereign or on the first point, I had little more
state, as soon as the ratifications to do than to repeat the explana-
should be exchanged. tions with which you had furnished
The undersigned would fail in me, and of which I had availed
obedience to his instructions, were myself in my official note to lord
he to conclude this note without Dudley. I cited the government

declaring to lord Dudley that, which the settlers on the Mada-


while the president hopes that the waska had established, in order to
British government, participating point out how the evils of a tern-
in the desire which he most anx- porary anarchy might be, in a great
iously feels to avoid all collision on degree, obviated, without the inter-
account of the temporary occupa- position of either Maine or New-
tion of the territory in contest, will Brunswick. I referred, as I had

effectually interpose its authority done in conversation with his lord-


to restrain the provincial govern, ship's predecessor, to the opinion
ment from the exercise of any ju- expressed last summer by Mr.
risdiction over it, such an interpo- Canning, in an interview with Mr,
PUBLIC DOCUMENTS. [75

Gallatin, and to the convention re- which he contended, and with


specting the territory west of the which I was acquainted, was adopt-
Rocky Mountains. Lord Aber- ed for the regulation of a third
deen here inquired whether I could power, or of individuals, in order
enter into a similar arrangement to prevent the inconvenience which
with regard to the country now would result in an established com-
under consideration. I observed munity, from doubts existing as to
that my remark had been made the period when a transfer of au-
merely by way of illustration that ; thority took place, and a new set of
I had, by order of the president, duties and obligations commenced ;

made a demand for the redress of that in no case could one of the
a specific injury committed on an contracting parties reply to the
American citizen, and had further complaint of the exercise of juris-
required that this country should diction in the territory, which the
abstain from the exercise of exclu- other regarded as ceded to it, the
sive jurisdiction in a territory which fact that it had never delivered up
we maintained belonged to the the possession. If it has a claim
United States that no answer had
;
of right, on that right, and not on
been returned to my reclamations ; the possession, must it support it-
and that, therefore, in no event, self. If otherwise, as the with-
could a new proposition be expected holding of the possession after its
from me that it would be compe-
; being demanded, is per se, a con-
tent for him, in replying to my note, tinued injury, to adduce it, would
to make any offer or suggestion he be to rely on one's own wrong.
might think fit as to the best mode I further remarked that, even con-
of obviating inconveniences from sidering the treaty of 1783 as one
a disputed title, till the judgment of of cession, every delivery has taken
the king of the Netherlands is ob- place of which the subject matter
tained and that his proposals, if it
;
was susceptible. The territory
should not be in my power to ac- now disputed was never held by
cept them, would be transmitted to Great Britain like a town or fort-
my government, who would un- ress. The possession in^ the crown,

doubtedly give them a respectful anterior to the revolution, was only


consideration. constructive, of which, assuredly,
The other topic on which lord the renunciation in the treaty was
Aberdeen touched, gave rise to a fully competent to divest it ; that
more extended discussion. Ta- there had been no uninterrupted
king the same view as Mr. Vaughan exercise of any authority by the
had done in his
correspondence province of Nova Scotia or New-
with you, he
maintained that, Brunswick, since the independence
whatever might be the true bounda- of the United States ; but that, on
ry, the jurisdiction over the dispu- the contrary, as had been else-
ted territory remained with Great where stated, as much at least had
Britain, till our title was completed been done on our side as on theirs,
by an absolute delivery of posses- towards obtaining a title by occu-
sion observing, that this was the
;
pancy.
rule of the law of nations in all I then proceeded to say, that I
cases of cession. had thought proper to show that,
t answered, that the principle for even on the principle assumed by
76] ANNUAL REGISTER, 1827-8-9.

this government, its claim of ex- linquishes all claims to the govern,
clusive jurisdiction was untenable ; ment, propriety, and territorial
but that I totally denied that we rights," imply a renunciation of
held any portion of the territory what is no longer in possession.
embraced within the original states Lord Aberdeen here interrupted
as a " grant" or " cession" from a me, and said that the treaty was in
foreign power, in the sense which the nature of a grant or cession,
had been attributed to those terms. because England gave every thing
After assimilating the state of and received nothing. To this I

things resulting from our revolu- replied, that was not permited to
it

tion, as was done in my official open a solemn instrument, by which


note, to a division of the empire, I an agreement had been fairly and
remarked that there was nothing in honestly affected between indivi-
the form of the treaty of peace, or in duals ;
much less could it be done
the circumstances under which it in the transactions between states
was negotiated, to lead to the con- in order to inquire into the conside-
clusion that on it depended our ration mutually given and receiv-
claims to territorial sovereignty. ed, with a view to change its legal
Even anterior to our separation character ; and that it was, there-
from the mother country, though fore, unnecessary for me to say
we acknowledged the authority of any thing as to the object which
the king of Great Britain, we had England had in view in saving fur-
noi acquiesced in a parliamentary ther war expenditure, securing her
right to interfere with our internal remaining provinces, and obtaining
regulations an attempt to assume
;
the other benefits of peace and 1
;

this power having been, indeed, would only refer to the face of the
one of the causes of the war. instrument itself to ascertain its na-

From the declaration of indepen- ture. added, by tracing the


If, I
dence, and long before its recogni- boundaries in the treaty, England
tion by England, we concluded ceded to us the territory on one side
treaties with foreign states, and of the line, as deseribed in the
exercised all the other prerogatives second article, we ceded to her the
of an established government. I territory on the other side, on which,
also adverted to the terms, as well indeed, we had, at different periods
of the provisional articles of 1782 of the war, more or less preten-
as of the definitive treaty of the sion. The most correct way, how-
succeeding year, in both of which ever, of viewing the subject was
the contracting parties treated on not to consider that the treaty made
the footing of the most perfect grants or cessions to either party,
equality the United States being
;
but that the line was indicated, as
considered in the full possession of is expressed in the article itself, to
the usual attributes of national so- prevent future disputes, a motive
vereignty. A reference to the which frequently has led to a con-
treaties with France and Spain, vention of limits between two go-
with respect to Louisiana and Flo- vernments of equal antiquity.
rida, show that, where real
will As, however, lord Aberdeen still
cessions were made, a different intimated that, whatever view other
language was employed than in nations might take of the question,
that of 1783. where the terms
" re- it could not be
expected that Great
PUBLIC DOCUMENTS. [77

Britain would consider the sove- place on the conclusion of our re-
reignty of the United States
as ex- volutionary war.
or regard I cannot flatter myself that I
isting anterior to 1783,
the recognition of independence, so have been able to change the
far as territory was concerned, in views of lord Aberdeen, but it is
any other light than a cession, I proper for me to add, that he said
observed, that, the main question in that he would give to my observa-

dispute between the countries hav- tions a full consideration, and re-
ing been disposed of, it was desira- quested me not to regard what had
ble that difficulties as to temporary fallen from him as the final opi-

jurisdiction should not be occasion- nion of the British government.


ed by the discussion of an abstract I have the honour to be, with the

preposition. In the inference greatest respect, sir, your most obe-


which it had been attempted to dient servant,
draw from the principle of cession, W. B. LAWRENCE.
connected as it was with the cha- HON. HENRY CLAY,
racter which had been ascribed to Secretary of State, Washington.
the treaty of 1783, I felt confident
that government could not ac-
my LORD ABERDEEN TO MR. LAWRENCE.
quiesce. If admitted, it might be Foreign Office, Aug. 14, 1828.
construed so as to involve the most The undersigned, his majesty's
monstrous consequences, and per- principal secretary of state for fo-
haps be applied in other cases than reign affairs, has the honour to ac-
in the one under consideration. knowledge the receipt of the note
There was, however, another view which Mr. Lawrence, charge d'af-
of the subject, which I would sug- fairs of the United States of Ame-

gest. The independence of the rica, addressed to his majesty's


United States, in general, is not principal secretary of state for fo-
only acknowledged by the treaty, reign affairs on the 5th of May,
but also that of each state, by name, containing representations upon
Massachusetts being enumerated certain occurrences in that district
with the others. If we divest the on the north-eastern frontier of the
question of its national character, United States, the right of posses-
and regard it as a dispute between sion of which is now, by mutual
Maine and New-Brunswick, suc- agreement of the two countries,
ceeding to the respective rights of and in compliance with the provi-
Massachusetts and Nova Scotia, sions of the treaty of Ghent, re-
the argument from the principle of ferred to the arbitration of a friend-
cession would operate altogether ly power.
in our favour for it can hardly be
; Mr. Lawrence's representations,
pretended that, when Nova Scotia, and the demands founded upon
after having been annexed to Mas- them, may be conveniently divided
sachusetts under the charter of into two heads.
William and Mary, was transferred 1st. The representations against
to a separate provincial govern- the arrest of John Baker, a citizen
ment, and subsequently to the of the United States, and residing
French, there was, in either case, within the.said territory, and his re-
any other delivery of possession of moval by the provincial authorities
the unsettled territory than took of New-Brunswick to the capital
78] ANNUAL REGISTER, 1827-8-9.

of that province for trial, on a countries, under the treaty of 1783,


charge of misdemeanor, and the de- having been referred, agreeably to
mand for the "liberation of Mr. the provisions of the treaty of
Baker, and for the granting to him Ghent, to the arbitration of a friend-
a full indemnity for the wrongs ly state, it is a question of actual
which he has suffered by the sei- jurisdiction alone which can now
zure of his person within the limits be discussed, without interfering
of the state of Maine, and his sub- with the province of the arbitrator;
sequent abduction and confinement and between these questions of
in the jail of Frederickton." sovereignty and the actual exer-
2d. The representations against cise of jurisdictiction, the under-
the exercise of jurisdiction by Bri- signed conceives there is a broad
tish authorities within the territory and clear distinction.
in question, and the demand " that With these preliminary observa-
the government of New-Bruns- tions, the undersigned will proceed
wick shall cease from the exercise to remark upon the first demand
of all and every act of exclusive made by Mr. Lawrence ; and, if it

jurisdiction within the disputed ter- has been a source of regret to the
territory, until the question of right undersigned that the various and
is settled between the two govern- pressing calls upon the attention
ments of Great Britain and the of his majesty's government, at this
United States." season of the year, have prevented
The undersigned deems it to be him from returning an earlier an-
his duty to remark, in the outset, swer to Mr. Lawrence's note ad.
with reference to the designation dressed to his predecessor, the re-
which Mr. Lawrence has given to gret is materially diminished by the
the place wherein John Baker was consideration that this delay has
arrested, being "within the
as enabled the undersigned to put Mr.
limits of the state
of Maine," and Lawrence in possession of the pro-
with reference also to the phrase ceedings on the trial of John Baker,
"American territory," applied by at Frederickton, in New-Bruns-
Mr. Lawrence in another part of wick, (a copy of which he has now
his note, to the district in question, the honour to enclose,) which he
that if the United States consider feels persuaded will, in conjunction
the tract of country which forms with the remarks which he has to
the subject of the arbitration, now offerupon them, satisfy Mr. Law-
in progress, as unquestionably their rence that the prosecution institu-
own, the British government are, ted against John Baker by the go-
on their side, as firmly convinced vernment of New-Brunswick, was
of the justice of their claim to de- rendered indispensably necessary
signate those lands as territory be- by the acts of that individual that
;

longing to the crown of Great Bri- it has been conducted with a scru-

tain. pulous regard to justice ; that the


This, however, is not the point sentence which has been passed
for present consideration. The upon him, is, under all the circum-
question of sovereignty, which de- stances of the case, a lenient one ;
pends upon the definition of the and that, in the whole course of
true frontier line between the two these proceedings, no privilege
PUBLIC DOCUMENTS. [79

\vhich Baker could justly claim New-Brunswick over his said pos-
under the law of nations, has been session; that John Baker's part-
violated. ner, Nevers, with Baker's concur,
Postponing, for the present, any rence, applied 40 the government
answer to Mr. Lawrence's re- of New-Brunswick for a grant of
marks on the general question of the same land, for the benefit of
jurisdiction within the district in John Baker; that, in 1822, Baker
which John Baker resided at the himself applied for and received
period of his arrest, and assuming, from the government of New-Bruns-
in this place, that such jurisdiction wick the provincial bounty for the
did belong to the government of cultivation of grain upon that land ;
New-Brunswiek, the undersigned and that, so late as the year 1825,
will proceed to show, from the his- he had voluntarily applied to the
tory of Baker himself, that the ex- British authorities for the enforce-
ercise of it, in the particular case ment of the British laws among the
of that individual, is singularly free American settlers, both in civil and
from any possible imputation of criminal matters; from all which
hardship or severity. circumstances, it is manifest that
Mr. Lawrence will see, from the the seditious practices for which
report of Mr. Barrell, the agent Baker was prosecuted, were not
specially appointed by the govern- committed in ignorance of the au-
ment of the United States to in- thoritywhich had uniformly been
quire into this transaction, (which asserted and exercised
by the go-
report has been officially communi- vernment of New-Brunswick, and
cated to his majesty's government, of which he had himself, in com-
and is doubtless in Mr. Lawrence's mon with the other settlers, claimed
possession,) that John Baker, who the benefit and protection.
had, from the year 1816, until It must be wholly unnecessary
1820, resided in the British provin- for the undersigned to insist upon
ces of New-Brunswick and Ca- the serious nature of the offences
nada, came in the latter year to re- themselves, with which John
side in the Madawasca
settlement, Baker was charged, and of which
where he had joined his brother he was found guilty. The several
Nathan, then carrying on trade in acts of outrage and sedition proved
connexion with a British merchant against him on the trial were such
of the name of Nevers, established as no government actually exercis-
at the capital of New-Brunswick ; ing jurisdiction, and therefore res-
and that, after the death of his bro- ponsible for the peace and security
ther, in 1821, John Baker con- of the community existing under
tinued to occupy the land on which its protection, could allow to
pass
his brother had originally settled,
unpunished, whether the perpetra-
and to carry on the same business tors of offences happened to be its
as before, under the said Nevers. own subjects, or aliens settled with-
It further
appears, as well from Mr. in its jurisdiction, and therefore
Barrell's statement, as from the
owing local and temporary obe-
evidence on Baker's trial, that Na- dience to its laws.
than Baker had, so long ago as the Such being the facts more im-
year 18 19, formally admitted the mediately relating to the individual
jurisdiction of the government of Baker himself, the undersigned
80 ANNUAL REGISTER, 1827-8-9.

has now beg the attention of Mr.


to be situate under the authority of
Lawrence which relate to
to those the government of New-Bruns-
the settlement in which he resided. wick.
It is shown moreover, not an immate-
by the report of Mr. It is,

Barrell, and confirmed by the evi- rial fact, that the settlement thus
dence on Baker's trial, that the originally formed, upwards of forty
Madawaska settlement was formed years ago, by settlers from New-
soon after the treaty of 1783, by Brunswick, was found by Mr. Bar-
British subjects, descendants of rell, at the period of his visit in
the French colonists of
original November last, to contain, out of a
New-Brunswick. It is stated on population of 2000 souls, not more
oath by Simon Hibert, a witness than twenty-five American settlers.
on the trial, who has lived forty This exposition of the substance
years in the settlement, and had of the information collected by the
received a grant of land from the agent of the United States, corro-
provincial government two or three borated as it is by the evidence on
years after he settled there, that oath given before the Supreme
he considered himself to have al- Court at Frederickton, together
ways lived under the government with the detailed narrative of the
of New-Brunswick, and that all proceedings on the trial, will, the
the Madawaska settlers lived un- undersigned trusts, satisfy Mr.
der the same government. Tes- Lawrence that the opinion which
timony to the same effect is given he expressed in his note, " that no-
by Mr. Fraser, a magistrate, who part of the tract in which Baker
has been acquainted with the Ma- resided had ever been in the pos-
dawaska settlers since 1787 and ; session of persons acknowledging
who further proves that the settlers allegiance to the British govern-
had, to his own knowledge, for a ment," is founded in error ; and
long series of years, voted at elec- that full and substantial justice has
tions like other subjects of the pro- been done to Mr. Baker. The
vince New-Brunswick
of and ; undersigned will, therefore, pro-
finally, Mr. Barrell reports, that ceed to the second point to which
" the laws of New-Brunswick he has proposed to advert, namely,
ap-
" that
pear to have been always in force Mr. Lawrence's demand,
since the origin of the settlement ; the government of New-Brunswick
and that the settlers have acqui- should cease from the exercise of
esced in the exercise of British all and every act of exclusive juris-

authority among them, and have diction within the disputed terri-
for many years had an organized tory."
militia." The consideration of this ques-
further proved, by the evi-
It is tion naturally brings before the
dence on the trial, and is admitted undersigned, Mr. Lawrence's as-
by Mr. Barrell, that the lands on sertion, "that New-Brunswick can
which Baker resided form part of adduce no claims by which a juris-
the Madawaska settlement ; and diction derived from prescription,
the acts of Baker himself, and of or first occupancy of the country,
his brother, who preceded him, can be sustained."
show that they considered the land The reply to this allegation has
possessed by them successively to been in a great measure antici-
PUBLIC DOCUMENTS. [81

pated in the course of the prece- der British protection and jurisdic-
and that, until a very recent
ding observations on the case of tion ;

John Baker. But the undersigned period, the right of Great Britain
desires to call the attention of Mr. to exercise acts of
sovereignty
Lawrence more distinctly to the within this territory has never been
following important facts : called in question by the govern-
First, to the fact, (which the un- ment of the United States. Even
dersigned will state in Mr. Law- in the representation addressed by
rence's own words,) that " before Mr. Clay to his majesty's Charge
the independence of the United d 'Affaires at Washington, on the
States, not only the territory in 27th of March, 1825, (which con-
dispute, but the whole of the ad- tained the first objection of any
joining province and state, was the kind advanced by the government
property of a common sovereign." of the United States to the proceed-
Secondly, to the fact, that the ings of the British in the district
United States rest their claim to jointly claimed by the two govern-
the possession of the territory upon ments,) that objection was not di-
the treaty of 1783; by which rected against the exercise of ju-
treaty the independence of the risdiction on the part of Great
United States was recognised by Britain, (which was then, and had
Great Britain, and their boundaries long been notorious,) but against
attempted to be defined thereby,
;
the depredations of individuals,
in effect, admitting the previous such as the cutting of wood, and
title of Great Britain to the terri- other acts tending to render the
tory in question. district of less value to the party to
And, in the third place, to the whom it should finally be assigned.
facts, (which have either been In the face of this accumulated
proved upon oath, on Baker's trial, evidence, that Great Britain has
or admitted by Mr. Barrell, the never yet been practically divested
agent of the United States,) that of her ancient right of jurisdiction,
it cannot
no actual delivery of the territory reasonably be contended
into the possession of the United that the national character of the
States has hitherto taken place ; territory has undergone any change
that from and immediately after the since the period antecedent to the
conclusion of the treaty of 1783, treaty of 1783. It has, indeed,
whatever rights of sovereignty have been formally admitted both by
been exercised in that territory, Great Britain and the United States,
have, until the recent attempts of that the right of eventual sove-
the state of Maine, been exercised reignty over that district is a ques-
by Great Britain that the first
; tion remaining in doubt; but it is

settlers were
colonial subjects of consistent with an acknowledged
his majesty ; that the inhabitants rule of law, that where such a
have always hitherto been treated doubt exists, the party who has
as British subjects ; that they have once clearly had a right, and who
for many years voted at elections, has retained actual possession,
like the other natives of the pro- shall continue to hold it until the
vince ;
have long had an
that they question at issue may be decided.
organized militia, and have con- This territory, therefore, ought,
sidered themselves to be living un- upon every principle, to be con-
11
ANNUAL REGISTER, 1827-8-9.

sidered, for the present at least, as hand, Great Britain has never
subject to the authority and juris- parted with possession the juris-
;

diction of Great Britain; unless diction which she now exercises is


treaties subsequent to that of 1783, the same which belonged to her
shall have imposed an obligation before the treaty of 1788, and
on her to pursue a different line of which she has, ever since that pe-
conduct with respect to it. riod, continued to exercise within
None of the treaties, however, the limits of the territory in ques-
posterior to that of 1783, allude to tion. The undersigned need hardly
the question of jurisdiction and; point out to Mr. Lawrence, that
from their silence on this point, it there is a very material difference
may fairly be inferred, that the between suspending a jurisdiction
United States, who cannot be sup- hitherto exercised, and forbearing
posed to have been ignorant of the to introduce a jurisdiction hitherto
acts of British authority which had unknown ; and that while the Uni-
been exercised throughout the ter- ted States offer to forbear from as-
ritory in question, for so many suming a jurisdiction which they
years, did not entertain any doubt have never exercised, they are de-
of the right of Great Britain in that manding that Great Britain should
respect. For, if such had been lay down a jurisdiction which she
the case, they would surely have has ever maintained and it may
;

.stipulated for the introduction into be proper here to notice the erro-
the latter treaties, especially into neous opinion to which his majes-
that of Ghent, of some provision ty's government, in common with
respecting the exercise of that au- the government of the United
thority against which Mr. Law- States, are disposed to ascribe the
rence is nowinstructed to protest. recent attempts of the state of
The undersigned cannot acqui- Maine to introduce its authority
esce in Mr. Lawrence's extension along the frontier in question, viz.
to this question of jurisdiction of that forbearance on the side of the
that rule of forbearance which has United States might be construed
been inculcated on both sides, with into an admission of the
right of
regard to the exercise of other Great Britain to the possession of
acts of sovereignty not necessary the frontier which she claims.
for the due administration of the Such apprehensions are without
territory now under consideration. foundation. No such inference
With respect such jurisdiction,
to could fairly be drawn from such
the undersigned must be permitted forbearance. But were it other-
to observe, that the circumstances wise, how much more would the
of the two countries are extremely position of Great Britain be preju-
different. The United States have diced by her relinquishment of a
never been in possession of the jurisdiction hitherto invariably
territory their title to it, under the
; maintained ?
treaty of 1788, not admitted by
is The extent of obligation which,
Great Britain ; and every act of in the opinion of his majesty's
jurisdiction done by the United government, is imposed upon
States is an assumption of an au- both parties by the of treaty
thority which they did not pre- Ghent, with regard to this territory,
viously possess. On the other is, that the question of title shall
PUBLIC DOCUMENTS. [83

remain precisely in the same state ample of a vitiated population, it


in which it stood at the date of that would materially endanger the
treaty and that neither party shall
; tranquillity and good government
do any act within its limits, by of the adjoining dominions of his
which the claim of the other, as it majesty, and of the United States.
then stood, may be prejudiced, or In declining, however, to accede
by which the country may be ren- to this proposition of the United
dered less valuable to that state to States, the undersigned fulfils, with
\vhich the possession of it may be pleasure, the commands of his so-
ultimately awarded. vereign, in disclaiming, at the same
It is with this view that the pro- time, in the most unequivocal man-
vincialgovernment of New-Bruns- ner, all intention of influencing the
wick have, with the approbation of decision of the arbiter by any ar-
the British government, discontinu- gument founded upon the continued
ed from issuing licenses for cutting exercise of this jurisdiction, since
wood within the district, and have the period at which the right was
abstained from all other acts not first questioned by the United
absolutely necessary for the peace, States.
able government of the country ; The undersigned will conclude
and the undersigned is happy to by observing, no practical
that, as
have this opportunity of acknow- inconvenience has been alleged
ledging the existence of a corres- by Mr. Lawrence to exist, and as
ponding disposition on the part of his majesty has renounced any ad-
the general government of the vantage which might be derived
United States. in the discussion from the continued
The United States further pro- exercise of jurisdiction during the
pose, that, until the arbitrator shall period of arbitration, the British
have given his decision, neither government conceive that, under
power shall exercise any jurisdic- all the circumstances, it would
tion in the territory. His majesty's clearly be more just, as well as
government are persuaded that the more to the advantage of both
government of the United States countries, to allow the whole ques-
will, on further consideration, see tion to remain upon the footing on
the manifold and serious injuries which it has hitherto stood, until
which would result to both powers its final settlement by the award of
from the proposed arrangement. the arbitrator.
It would make the districts The undersigned
along requests Mr.
the frontier a common refuge for Lawrence to accept the assurances
the outcasts of both nations, and of his high consideration.
introduce among the present inha- ABERDEEN.
bitants, who havelong lived hap- WILLIAM B. LAWRENCE, Esq.
pily under the jurisdiction of Great
Britain, lawless habits, from which
it would hereafter be MR. LAWRENCE TO LORD ABERDEEN'.
extremely
difficult to reclaim them. It would The right /ton. the Earl. of Aber-
thus render those districts of less deen, fyc. fyc. dfc.
value to the state to which they The undersigned, charge d'af-
may be ultimately assigned ; while, fairsofthe United States of Ame-
"by the pernicious contact and ex- rica, had the honour to receive, on
84] ANNUAL REGISTER, 1827-8-9.

the 14th inst. the note which the views which the United States take
Earl of Aberdeen, his majesty's of their rights of territorial sove-
principal Secretary of State for reignty be correct, all the proceed-
foreign affairs, addressed to him in ings referred to must be admitted to
reply to an official communication have been before a tribunal wholly
made by the undersigned, on the without jurisdiction. This topic
5th of May, to the then principal will not, however, be further en-

Secretary of State for foreign af- larged on, as it is presumed that it


fairs, respecting certain acts of is not proposed to conclude, by the
the authorities of New-Brunswick, sentence of a municipal court, the
deemed by the government of the rights of a foreign power ; and that
United States infractions on their no greater force is attached to the
rights of territorial sovereignty. statements alluded to by Lord Aber-
The two specific demands, which, deen, as having been given in the
in consequence of the occurrences course of the trial, than would be
in question, the undersigned, by attributed to any other declarations
the President's orders, presented made under the solemnity of an
to the consideration of his majesty's oath.
government, are severally discussed How United States may
far the
by Lord Aberdeen. regard as an aggravation of their
it

On the subject of the first of original complaint, that the prose-


" the liberation of Mr. cution in New-Brunswick was pro-
them, viz. :
Baker, and the granting to him of ceeded with during the pendency
a full indemnity for the wrongs of a diplomatic discussion on the
which he has suffered," the under- right to arrest Mr. Baker, and that
signed does not deem it expedient, he was brought to trial more than
under existing circumstances, to two months after a formal demand
add any thing to the representa- for his release had been made by
tions heretofore urged. The the American government to the
grounds on which this demand was British minister residing at Wash-
made, are believed to have been ington, must rest with the Presi-
sufficiently set forth in his former dent to decide.
note and it would not be proper
; On the reply of the Earl of Aber-
for him to comment on the British deen to the second demand of the
counter-statement without being United States, viz. :
" that New-
^fcquainted with the President's Brunswick should cease from the
views respecting certain proceed- exercise of all and every act of ex-
ings in New-Brunswick, officially clusive jurisdiction within the dis-
communicated by Lord Aberdeen, puted territory, until the question
and which have occurred subse- of right is settled between the two
quently to the date of the instruc- governments of the United States
tions under which he is acting. and Great Britain," it is the duty
Having thus assigned the reason of the undersigned to offer a few
for his silence, which is applicable considerations, which, he con-
as well to the inferences which have ceives, are calculated materially to
been deduced from "the trial of affect the grounds on which the ap-
John Baker," as to the transaction plication of his govern fnent has been
can hardly be necessary to
itself, it resisted. He is particularly induced
remind Lord Aberdeen that, if the to submit these remarks at this
PUBLIC DOCUMENTS. [85

time, from the circumstance, that as Lord Aberdeen would draw from it

they embrace the substance of ob- isnot explained, he may be permit-


servations which he had the honour ted to remark, that it is not perceiv-
to make Lord Aberdeen in con-
to ed how this historical fact contri-
ference, they willcome with more butes more towards establishing a
title in New-Brunswick than in the
propriety from him than from the
distinguished citizen to whom the state of Maine.
interests of the United States at To use the words of a celebrated
this important court are about to authority, "when a nation takes
be confided, who, however superior possession of a distant country, and
his advantages in other respects, settles a colony there, that country,
must necessarily be unacquainted though separated from the princi-
with what may have passed in per- pal establishment or mother coun-
sonal interviews between his pre- try, naturally becomes a part of the
decessors in office and his majesty's state, equally with its ancient pos-
ministers. sessions."
The second demand of the United From the principle here esta-
States is considered in connexion blished, that the political condition
with the remark incidentally intro- of the people or the mother coun-
duced in the former note of the un- try, and of the colonies, during
dersigned, "that New-Brunswick their union, is the same, the infer-
can adduce no claims by which the ence is unavoidable, that, when a
jurisdiction derived from prescrip- division of the empire takes place,
tion or first occupancy of the coun- the previous rights of the common
try can be sustained." sovereign, on matters equally af-
Without repeating here what has fecting both of the states, accrue
been said on a former occasion, as well to the one as to the other of
respecting the inapplicability of a them.
title founded on possession, even From the possession of the dis-
could such a one be established, puted territory by his Britannic
to the question in controversy, the majesty anterior to 1776, a title by
undersigned will proceed briefly to prescription or first occupancy
examine the grounds on which the might, therefore, with the same
allegation taken from his note is propriety, be asserted for Massa-
attempted to be controverted. The chusetts, of which the present state
three reasons on which the dissent of Maine was then a component
part, as for Nova Scotia, through
of his majesty's Secretary of State
is founded, will be examined in the which latter province the preten.
order in which they are presented. sions of New-Brunswick are de-
The first of them is, " that, be- duced.
fore the independence of the United On the second point, the under-
States, not only the territory in dis- signed conceives it proper to state,
pute, but the whole of the adjoin- that he cannot admit "that the
ing province and state, was the United States rest their claim to the
property of a common sovereign." possession of the territory upon the
To the truth of the statement, which treaty of 1783," in any other sense
is indeed
expressed in the words than that in which his Britannic
of the undersigned, no exception is
majesty founds, on the same treaty,
taken but as the inference which
; his claims to New-Brunswick. By
86] ANNUAL REGISTER, 1827-8-9.

the instrument, in question, which, From


the Declaration of Inde-
besides being a treaty of peace, pendence in 1776, the claims of the
was one of partition and bounda- United States, in their national
ries, the title of the United States character, to all the territory with-
was strengthened and confirmed, in the limits of the former thirteen
but it was not created. It had ex- colonies, are dated. Of the fact
isted from the settlement of the of their being in possession of
country. Where this treaty is ap- sovereignty, comprising, of course,
plicable, it, equally with all other the rights of territorial jurisdiction,
conventional agreements between no further proof can be required,
nations, is of paramount authority, than that they exercised all its
and many of its provisions are, highest prerogatives. Nor were
from their nature, of a permanent these confined to the limits of their
character ; but its conclusion,though own country. Treaties of amity
it created new claims to territory, and commerce, and of alliance,
did not destroy any prior right of were made with France as early as
the people of the United States that 1778, and similar arrangements
was not expressly renounced by it. were entered into by the United
The title to the district in contro- States with other foreign powers,
versy, as well as to all the territory before any settlement of boundary
embraced in the original states, is was attempted to be defined by
founded, independently of treaty, convention between the American
on the rights which belonged to states and the adjacent provinces.
that portion of his Britannic ma- The terms, as well of the provi-
jesty's subjects who settled in his sional article of 1782, as of the de-
ancient colony, now embraced in finitive treaty of the succeeding
the American union, and upon the year, may be cited in confirmation
sovereignty maintained by the of the view here taken. By the
United States in their national cha. first article of both these instru-
" his Britannic
racter, since the 4th July, 1776. ments, majesty ac-
To the general rights of colonists knowledges the said United States,
under the law of nations, allusion viz. New-Hampshire, Massachu-
:

has already been made. To the settsBay, &c. &c. &c. to be free,
particular situation of the inhabi- sovereign, and independent states :

tants of the country, now comprised that he treats with them as such ;
in the United States, it is therefore and for himself, his heirs and suc-
not necessary further to refer, than cessors, relinquishes all claims to
merely to recall to the recollection the government, propriety, and
of Lord Aberdeen, that they were territorial rights of the same, and
not a conquered people, but sub- every part thereof."
jects of the king of Great Britain, This language is sufficiently dif-

enjoying the same rights with Eng- ferent from that employed where it
lishmen and, although they ac-
;
is intended to convey territory by
knowledged the authority of a com- a grant in a treaty, to forbid the
mon sovereign, the right of the par- application of the rules in the cases
liament of the mother country, in of cession to the renunciation of
which they were unrepresented, to his claims made by his Britannic
interfere in their internal concerns, majesty.
was never acquiesced in. If, by tracing the limits in the
PUBLIC DOCUMENTS. [87

treaty by which the boundaries of


have been exclusively exercised
the United States were attempted by Great Britain.
to be defined, England ceded to It may be here proper to remark,

them the territory on the one side that the delivery necessary to effect
of the line, the possessions of Great a transfer of possession is necessa-
Britain on the other side must be dependent, as well upon the cir-
rily
considered as held under a cession cumstances under which property
from the United States. On these is held, as upon the nature of that
provinces, indeed, the independent property itself.
states of America had more or less With respect to a town or for-
pretensions at different times during tress, the delivery is made by cer-
the war ; and they were also en- tain distinct sensible acts. This is
titled to prefer claims to a portion important in an established com-
of them, founded on their being an munity, in order to prevent the in-
acquisition from France at the time convenience which would result
they formed an integral part of the from doubts arising as to the period
empire. when the transfer of authority took
There is, however, nothing in a place, and a new set of duties and
treaty of partition or boundaries obligations commenced. The same
that conflicts with the idea of a per- motives do not, however, exist with
fect equality between the contract- regard to an uncultivated wilder-
ing parties. For the purpose of ness, and with no propriety can the
preventing all future disputes, the rules which govern in the one case
avowed object of the 2d article of be applied to the other.
the treaty of 1783, such conven- Without insisting in this part of
tions are frequently entered into the argument that, from the posses-
between two nations of the same sion of the "common sovereign,"
antiquity. independent of that of the provin-
As it is believed that the exposi- cial authorities, anterior to the re-
tion which has been given is suffi- volution, no title in favor of New-
cient to show that the character of Brunswick could be derived, which
the right which the United States would not equally accrue to Maine,
are entitled to advance under the sufficient to observe, that it is
it is

treaty of 1783, does not imply any admitted on all sides, that the first
" admission of the settlements were formed within the
previous title of
Great Britain to the territory in last forty years, and that consequent,
question," considered distinct from ly, by the possession, at the con-
that of Massachusetts, the under, elusion of the treaty of 1783, to
signed may now proceed to exa- whichever party it legally belonged,
mine the allegation made in the was only a constructive one. If
third place by Lord Aberdeen, the preceding views are correct, the
" that no actual
delivery of the ter- constructive possession in question
ritory into the possession of the was in the United States long before
United States has hitherto taken the date of the treaty, and no further
place," and the further assertion, acts were or could have been requi-
that, since the treaty of 1783, until red to complete any title that might
the recent attempts of the state of then have been confirmed to the
Maine, the rights of sovereignty American union. But had anv
88] ANNUAL REGISTER, 1827-8-9.

ceremonies been necessary, as- Conceiving that sufficient has


suredly the solemn one of making been said to prove that the Ameri-
the treaty would have been suffi. cans, supposing them to have a
cient ; and looking to the fact that claim of right, either had the con-
the district was then wholly unin- structive possession at the period
habited, it is difficult to
conjecture of the ratification of the treaty of
what other formal surrender could 1783, or that every transfer was
have been conveniently devised. made of which the subject matter
It is also to be noticed in discus- is susceptible, it only remains, on
sing this point, that the treaty of this head, to speak of the posses-
1788, which is long prior in date to sion subsequent to the peace of
the present federal constitution, was 1783.
not made with the national govern- From the nature of things, a
ment exclusively, but, as appears by titlefounded on " immemorial pre-
the article already cited, the states scription" cannot exist among the
were recognised by it as distinct, descendants of Europeans esta-
independent communities. When blished in Ameriea ; but as it is
it is borne in mind that
"
they are all implied even in a title by ordi-
enumerated by their ancient colo- " the
nary prescription," that pro-
nial names, and that "the northwest prietor cannot allege an invinci-
angle of NovaSootia" is also intro- ble ignorance that he cannot jus-
;

duced as one of the points of the tify his silence by lawful and solid
boundary, it is, without other corro- reasons and that he has neglected
;

borating considerations, sufficient- his right, or kept silence during a


ly obvious that the former bounda- considerable number of years," it

riesbetween Massachusetts and would seem that while the officers


Nova Scotia were intended to be of the two governments were ac-
retained. Under these circum- tually employed in ascertaining the
stances, it is not immaterial that boundary, no new prescriptive title
Nova Scotia (including, of course, could accrue.
the territory in dispute, if it belongs Without, therefore, noticing any
to that province,) was, by a charter establishment founded during the
of William and Mary, incorporated period that the business of survey-
in the colony 6f Massachusetts bay. ing and marking out the boundary
By what other mode of transfer, it line was in actual progress, it may
may be asked, than that adopted in be well to consider for a moment
the case of the U. States, was that the character of the settlement
ancient possession of Massachusetts through which the British claim of
divested, either in favour of the possession is derived.
separate provincial government af- The first inhabitants near the
terwards established there, or of the Madawaska river were, as was for-
French to whom it was restored in merly French Acadians, or,
stated,
1697 ? If no actual delivery of the in the words of Lord Aberdeen,
uncultivated lands was made on " descendants ofthe
original French
these occasions, according to the colonists ofNew-Brunswick ;" but
reasoning of lord Aberdeen, the as this people had, from the period
former constructive possession of of their subjugation by the joint
Massachusetts remain at this day in arms of England and America, to
full force. the formation of their settlement.
PUBLIC DOCUMENTS. [89

uniformly resisted the authority of render unnecessary the introduc-


their conquerors, it is not apparent tion of principles on which there
how they are to be considered was danger that the two govern-
"British subjects." The claim ments might not agree, to begin the
which either Maine or New-Bruns- deductions of the rights of the pow-
wick has on their obedience is only ers from the treaty of partition, by
one founded on local allegiance ;
which a separation of their domi-
and the existence of this right can- nions was affected.
not be established in behalf of either This method seemed also the
party, except by an assumption of most expedient, as so far as the
the point in controversy. It can, treaty was applicable, it, from its
therefore, hardly be seriously con- nature, precluded all reference to
tended that such a settlement, aided pre-existing which became
titles,

by the recent attempts of New- merged in it and it was believed


;

Brunswick to introduce its autho- that the ground which it occupied


rity by enrolling the militia, and covered the whole matter in contro-
serving process along the frontier, versy. The undersigned felt that
affords evidence of a possession as he might then, without entering at
against claimants under a title con- all into the facts respecting the
firmed by treaty, not only of the settlement of the country, have
land actually occupied by the indi- contented himself with the remark,
viduals in question, but of an extent that " considering the grounds on
of country embracing several mil- which the claims of the United
lions of acres. States are founded, it is not per-
The undersigned has already ceived how arguments, drawn
disavowed for his government, any either from the first occupancy, or
knowledge of, much less acquies- immemorial possession, can be
cense in, these irregular intrusions made bear on the principal sub-
to
on the soil and to avoid repeti-
; ject in discussion between the two
tion, he also refers to his former countries, or how they can affect
note for an enumeration of the acts the question of temporary jurisdic-
of sovereignty exercised by the tion."
American governments. The course of reasoning, how-
The objections offered to his al- ever, which Lord Aberdeen has
" that
legation, New-Brunswick adopted, does not now leave the un-
can adduce no claims by which a dersigned at liberty to omit the
jurisdiction derived from prescrip- preceding exposition and he trusts ;

tion or firstoccupancy of the coun- that he has shown that there is no


try can be established," have now room for the application of the rule
been met and in maintaining a
; of law cited by the British secretary
" that where a doubt
position, from the attempt to con- of state, viz.
trovert which Lord Aberdeen has exists, party who has once
the
drawn important inferences, the clearly had a right, and who has
undersigned has treated somewhat retained actual possession, shall
at length a topic, which, in his pre- continue fo hold it until the question
vious communication, was only at issue may be decided."
incidentally noticed. He then con- It is a sufficient reply to the infe-
ceived that it would prevent pro- rence deduced from the silence of
tracted discussion, and perhaps the treaty of Ghent, and of pre
12
90] ANNUAL REGISTER. 1827-8-9.

vious treaties, as to the exercise of what principle, consistent with the


jurisdiction by Great Britain, that rule they contended for, complaints
it isevident from the proceedings were urged by Mr. Vaughan, re-
on the occasion particularly men- specting the laying out of land into
tioned, that the impression was en- townships, and marking out roads,
tertained " that the greater part of by the agents of Maine and Massa-
the territory in question was then chusetts. Had the impression of
unoccupied ;" nor does it appear the government of the United States
that the French settlement, on been the same with that of his ma-
which the British possession is now jesty's government, as now ex-
supported, was at that time known plained, it is not probable that the
to the plenipotentiaries of either disparity in numbers between the
power. American citizens and French Aca-
The undersigned learns with re- dians, in the disputed territory, re-
gret, that the United States must lied on by lord Aberdeen as a
consider themselves mistaken in material fact, would have at this
the opinion which they had formed time existed.
of the rule of forbearance incul- But, as the conclusion of lord
cated on both sides. They had Aberdeen on the demand of the
supposed that by it the parties stood American government is founded
pledged to each other to abstain on the opinion " that the circum-
from the performance of any new stances of the two countries are ex-
acts which might be construed into tremely different," and as it is be-
an exercise of the rights of sove- lieved that this supposition has been
reignty or soil over the disputed proved to be erroneous, the under-
territory. As explained by lord signed still flatters himself that on
Aberdeen, the mutual restriction a fuller examination, all objection
would apply exclusively to the ex- willcease to a proposition which
ercise of the presumed rights of the has for its motive the prevention
respective parties as proprietors of of dangerous collisions between
the soil, not to their pretensions as neighbouring and friendly powers,
sovereigns of the territory. and that his majesty's government
It is difficult to reconcile with will admit the propriety of abstain-
the idea now conveyed, the assu- ing from a jurisdiction, the exer-
rance given early in the last year cise of which, if persevered in, may
by the British minister at Wash- lead to consequences for which the
" that the lieutenant
ington, gover- undersigned is instructed to declare
nor of New-Brunswick cautiously that the government of the United
abstains, on his part, from exer- States cannot hold themselves re-
cising any authority in the dis- sponsible.
puted territory, which could invite The undersigned takes the liberty
an encroachment as a measure of of observing, that great as may be
retaliation." And presuming that the inconveniences of an absence
no more was intended to be asked of exclusive jurisdiction on the
from the American government frontiers,they have not been, on
than his majesty's authorities were other occasions, deemed, either by
prepared to grant in return, the un- the United States or Great Britain,
dersigned cannot understand on of sufficient magnitude to induce
PUBLIC DOCUMENTS. [91

sacrifices of territorial claims, as is judicial to the rights of the United


abundantly evincedby conven- States, their omitting to notice these
tions entered into by them respect, occurrences in a remote section of
their dominions, and of which they
ing their territory.
He would also adduce a fact that were ignorant, is wholly different
has fallen within the scope of his from their acquiescing in a trans-
official knowledge, which shows action where their authority, ap-
that the opinion of the President pealed to by an American citizen,
was, at no very remote period, par- has been openly set at defiance.
ticipated in by one of Lord Aber- The undersigned doubts not that
deen's predecessors in office, at the government of the United
the time referred to, at the head of States will do full justice to the
his majesty's government. Mr. spirit in which Lord Aberdeen dis-
Gallatin, in a despatch to the Secre- claims, by command of his sove-
tary of State of the United States, reign, all intention of influencing
dated in July, 1827, after speaking the decision of the arbitrator by
of a conference with the First Lord any exercise of jurisdiction over
of the Treasury respecting the the disputed territory and he takes
;

northeastern boundary, observes, this opportunity to remark, that it


that " Mr. Canning also suggested has not been his intention, either
the propriety of abstaining on both on the present or other occasions,
sides, pending the suit, from any by any designation which he may,
act of sovereignty over the con* for convenience, or for thepurpose
tested territory." of expressing the conviction of his
That such a stipulation was not government on that subject, have
introduced into the late arbitration given to the district, to assume as
convention, is probably to be attri- uncontro verted any of the points in
buted to the supposed adequacy of dispute. He is fully aware that,
the existing understanding between in the face of a solemn instrument,
the parties, and to the fact that no to whiclfy his country is a party,
collisions of importance, not disa- setting forth that differences as to
vowed, had then occurred. the settlement of the boundary in
Considering the protracted dis- question do exist, and agreeing to
cussion on the case of Mr. Baker, refer them to the decision of a
and the several other grievances friendly sovereign or state, such
alluded to in the note of the 5th of an attempt, if made, would be worse
May, or brought into view by the than useless.
correspondence at Washington, the He has, moreover, endeavoured,
undersigned cannot account for the as far as practicable, to abstain
conclusion to which Lord Aber- from any investigation of the ques-
deen has " that no tion of right the true province of
arrived, prac-
ticalinconvenience has been al- the arbiter. He can only now add
ledgedby Mr. Lawrence to exist." his regret, that there is not the
He would observe, on the remark same accordance of views between
which Lord Aberdeen founds on their respective governments on
this allegation, that, if British ju- the subject to which this note re-
risdiction has been heretofore oc- lates, as was on a recent occasion
casionally exercised in cases pre- happily found to exist on a more
02] ANNUAL REGISTER, 087-8-9.

important business, affecting the Aberdeen the assurances of his


same territory, which the under- highest consideration.
signed had the satisfaction to ar- W. B. LAWRENCE.
range with Lord Aberdeen. 16, Lower Seymour-street,
The undersigned renews to Lord August 22, 1S28.

INUNDATED LANDS ON THE MISSISSIPPI.

Letter from the Secretary of the 31st degree of north latitude may
Treasury, transmitting to con- be estimated at 2,245,680 acres, of
gress the information required which 398,000 acres lie in the state
by a resolution of the house of of Mississippi. This estimate in-
the 24th December last, in rela- cludes the whole of the country
tion to lands on the Mississippi, which is subject to inundation by
in the state of Louisiana, which the Mississippi and the waters of
are rendered unfit for cultivation the gulf. A portion of this area,
by the inundations of said river. however, including both banks of
GENERAL LAND OFFICE, > the Mississippi, from some distance
January 12, 1829. \ below New-Orleans to Baton
Sir, In compliance with a reso- Rouge, and the west bank nearly
lution of the house of representa- up to the 31st degree of latitude,
tives, "directing the Secretary of and both sides of the Lafourche
the Treasury to communicate to for about fifty miles from the Mis-
this house any information in his ,
by means of levees or
sissippi, has,
possession, showing the quantity embankments, been reclaimed at
and quality of the public lands in the expense of individuals. The
the state of Louisiana which are strips of lands thus reclaimed are
rendered unfit for cultivation from of limited extent ; and, estimating
the inundations of the Mississippi, their amount as equal to the depth
and the value of said lands when of forty acres on each side of the
reclaimed, and the probable cost Mississippi and Lafourche for the
of reclaiming them," I have the distance above stated, they will
honour to report, that the Missis- amount to about 500,000 acres,
sippi, in its course between the which, deducted from 3,183,580
33d degree of north latitude, the acres, will leave the quantity of
northern boundary of Louisiana, and 2,683,580 acres below the 31st de-
the Gulf of Mexico, inundates, gree of latitude, which is now sub-
when a tract
at its greatest height, ject to annual or occasional inun-
of country, the superficial area of dations ;
this added to the quantity
which may be estimated at of inundated lands above the 31st
5,429,260 acres: that portion of degree of latitude, makes the
the couutry thus inundated which whole quantity of lands within the
lies below the 31st degree of lati- area stated, and not protected by
tude may be estimated at 3,183,580 embankments, equal to 4,929,160
acres ; and that portion above the acres.
PUEJJC DOCUMENTS. [93

By deepening and clearing out tion of one individual for every two
the existing natural channels, and acres ; and it is highly probable
that the population would rapidly
by opening other artificial ones,
through which the surplus water, accumulate to such an extent as to
that the bed of the Mississippi is banish every kind of labour from
not of sufficient capacity to take agriculture except that of the hu-
off, may be discharged into the man species, as is now the case in
gulf; with the
aid of embankments many of the best districts of China;
and natural or artificial reservoirs, and this result would also have
and by the use of machinery been produced in many parts of
(worked in the commencement by Holland, had not that country be-
steam, and as the country becomes come, from the nature of its cli-
open and cleared of timber by mate, a grazing country.
windmills,) to take off the rain The alluvial lands of Louisiana
water that may fall during the pe- may be divided into two portions ;
riod that the Mississippi may be the first, extending from the 33d to
above its natural banks, it is be- the 3 1st degree of north latitude,
lieved that the whole of this in a direction west of south, may
country may be reclaimed, and be termed the upper plain, is 120
jnade in the highest degree pro- miles in length, and generally from
25 to 80 miles in breadth, and, at
^ductive.
The immense value of this dis-
// trict of country when reclaimed, is
particular points, is of still greater
width. That portion below the
riot to be estimated so much by the 31st degree of north latitude, may
extent of its superfices as by the be termed the lower plain. It ex-
extraordinary and inexhaustible tends in a direction from north-
quality of the soil, the richness of west to south-east for about 240
its products, and the extent of the miles, to the mouth of the Missis-
population it would be capable of sippi ;
is compressed at its northern
sustaining. Every acre of this land point, but opening rapidly, it forms
lying below the 31st degree of at its base a semi-circle, as it pro-
north latitude might be made to trudes into the gulf of Mexico, of
produce three thousand weight of 200 miles in extent, from the Cha-
sugar ;
and the whole of it is
par- falaya to the Rigoletts. The ele-
ticularly adapted to the production vation of -the plain at the 33d de-
of the most luxuriant crops of rice, gree of north latitude, above the
indigo and cotton. Good sugar common tide waters of the gulf of
lands on the Mississippi, partially Mexico, must exceed one hundred
cleared, may be estimated as worth and thirty feet.
$100 per acre, and rapidly ad- This plain embraces lands of va-
vancing in value. The rice lands rious descriptions, which may be
of South Carolina, from their limit-
arranged into four classes :

ed quantity, are of greater value. The first which is proba-


class,
It isbelieved that the exchangeable bly equal in quantity to two thirds
value of the maximum products of of the whole, is covered with
these lands, when placed in a
high heavy timber, and an almost im-
state of cultivation, would be ade-
penetrable undergrowth of cane
quate to the comfortable support of and other shrubbery. This por-
2,250,000 people, giving a popula- tion, from natural causes, is rapid.
ANNUAL EGISTER,J,8-27-8-9.

ly drained as fast as the waters rapid manner to throw up obstruc.


retire within their natural channels, tions at the mouths of all water
and, possessing a soil of the great- courses emptying into them, it is

est fertility, tempts the settler, af- fairly to be inferred that the allu-
ter a few years of low water, to vial plain of Egypt has, in time
make an establishment, from which past, been as much subject to inun-
he is driven off by the first extraor- dation from the waters of the Nile,
dinary flood. as that of Louisiana now is from
The second class consists of those of the Mississippi, and that
Cyprus swamps these are basins,
: the floods of the Nile have not
or depressions of the surface, from only been controlled and restrict,
which there is no natural outlet ;
ed within its banks by the labour
and which filling with water during and ingenuity of man, but have
the floods, remain covered by it been regulated and directed to the
until the water be evaporated, or irrigation and improvement of the
be gradually absorbed by the earth. soil of the adjacent plain a work
:

The beds of these


depressions better entitled to have been handed
being very universally above the down to posterity by the erection
common low water mark of the of those massive monuments, the
rivers and bayous, they may be pyramids of Egypt, than any other
readily drained, and would then be event that could have occurred in
more conveniently converted into the history of that country.
rice fields than any other portions That the labour and ingenuity of
of the plain. man are adequate to produce the
The third embraces the
class same result in relation to the Mis-
sea marsh, which is a belt of land sissippi river and the plain of Lou-
extending along the Gulf of Mexi- isiana, is a position not to be
co, from the Chafalaya to the Rigo- doubted ; and it is believed that
letts. This belt is but partially there are circumstances incident
covered by the common tides, but to the topography of this plain,
is subject to inundation from the that will facilitate such results.
high waters of the gulf during the The Mississippi river, on enter-
autumnal equinoctial gales it is ; ing this plain at the 33d degree of
generally without timber. north latitude, crosses it diagonally
The fourth class consists of to the high lands a little below the
small bodies of prairie lands, dis- mouth of the Yazoo ; from thence
it winds along the highlands of the
persed through different portions
of the plain ; these pieces of land, states of Mississippi and Louisiana
to Baton Rouge, leaving in this dis-
generally the most elevated spots,
are without timber, but of great tance, the alluvial lands on its wes-
fertility. tern branch ; from a point a little be-
The alluvial plain of Louisiana, low Baton Rouge it takes an easter-
and that of Egypt, having been ly course through the alluvial plain,
created by the deposite of large and nearly parallel to the shores
rivers watering immense extents of of the Gulf of Mexico, until it
country, and disemboguing them- reaches the English Turn : and
selves into shallow oceans, mode- from thence, bending to the south,
rately elevated by the tide, but it disembogues itself into the Gulf

which, from the influence of the of Mexico by six or seven different


winds, are constantly tending in a channels. The banks of the Mis.
PUBLIC DOCUMENTS. 95J

sissippi,which are but two or three shorter distance than the Mississip-
feet above the common tide water pi itself, it would take of a large
near its mouth, gradually ascend column of water if its channel was
with the plain of which they con- not very much obstructed.* Near-
stitute the highest ridges, to the ly opposite to Manchac, but lower
33d degree of north latitude, where down the river, is Bayou Plaque-
they are elevated above the low mine, a cut off from the Mississip-
water mark of the river thirty or pi to the Chafalaya ; but as there
forty feet. The banks are, howe- is a considerable declination, in

ver, subject to be overflowed this part of the plain, of the alluvial

throughout this distance, except lands, and being unobstructed in


at those points protected by levees its passage, it is
rapid, and takes
or embankments ;
from
this arises off a large body of water where;

a law incident to running water it leaves the river, however, its bed
courses of considerable length, is fivefeet above the. level of the
which is, that the floods in them low water mark. About 88 miles
acquire their greatest elevation as above Manchac, and just below the
you approach a point nearly equi- 31st degree of latitude, is the Cha-
distant from their mouths and falaya. This is one of the ancient
sources. The depth of the Mis. channels of the Mississippi river,
sissippi is from 120 to 200 feet, and being very deep, carries off at
decreasing as you approach very all times
great quantities of water ;
near the mouth, to a moderate and were its obstructions removed,
depth. Exclusive of a number of it would
probably carry off a much
small bayous, there are three large larger quantity. As the distance
natural canals or channels, by from the point where the Chafala-
which the surplus waters of the ya leaves the Mississippi, along its
Mississippi are taken off to the gulf. channel, to the gulf, is only 182
The first of these above New-Or- miles, and that which the Missis-
leans, is Lafourche, which, leaving sippi traverses from the point of
the river at Donaldsonville, reaches separation to the gulf is 318, it is
the gulf in a tolerably direct course evident that a given column of
of about ninety miles. The La- water may be passed off in much
fourehe is about 100 yards wide ; less time through the channel of
its bed is nearly on a level with the the latter stream. From this topo-
low water mark where it leaves the graphical description of that por-
river ;
its banks are high, and pro- tion of the plain south of the 31st
tected by slight levees ; and in high degree of latitude, it is evident,
floods it takes off a large column of that, independent of the general
water. Above Lafourche the Ba- and gradual declination of this plain
you Manchac, or Iberville, con- descending with the Mississippi,
necting with the lakes Maurepas it also has a more
rapid declination
and Ponchartrain, takes off into the towards the Lakes Maurepas and
gulf, through the Rigoletts and Ponchartrain on the east, and to-
other passes, a considerable por-
tion of the surplus waters of the
* The difference between the
Mississippi ; the bed of this bayou highest
is 14 feet above the level of the
elevation of the waters at the afflux of
the Manchac, and the lowest level of the
low water of the Mississippi, and tida in Ponchartrain, w from 27 to SO
as it reaches tide water in a much feet.
961 ANNUAL REGISTER, 1827-8-9.

wards the valley of the great Lake plished by increasing the capacity
of Attakapas on the west, and it and number of outlets of the na-
may, as to its form and configura- tural channels by which the water
tion, be compared to the convex is now
disembogued, and by forming
surface of a flattened scollop shell, other artificial ones, if necessary,
having one of its sides very much by which the volume of water that
curved, and the surface of the other enters into the lower plain of Loui-
somewhat indented ;
there is, siana, inany given time, may be
therefore, good reason to believe discharged into the gulf of Mexico
that, by conforming to the unerring within the same time. If that volume
indications of nature, and aiding were ascertained with any tolera-
her in those operations which she ble degree of accuracy, then the
has commenced, this plain may be number and capacity of the chan-
reclaimed from inundation. nels necessary for taking it off into
The quantity of water which has the gulf might be calculated with
been drawn off from the Missis- sufficient certainty. A
reference
sippi, through the Iberville, the to the map of that country will
Bayou Lafourche and the Chafa- show that the rivers which dis-
laya, has so reduced the volume charge themselves into the lower
of water which passes off through plain of Louisiana, and whose
the Mississippi proper, that indivi- waters are carried to the gulf in
dual enterprise has been enabled common with those of the Missis-
to throw up embankments along sippi, drain but a small tract of
the whole course of that river, upland country ; for Pearl river,
frgm a point a little below that and, if necessary, at a very mo-
where the Cafalaya leaves the derate expense, the Teche, may
Mississippi nearly to its mouth, and be thrown into the ocean by sepa-
for forty or fifty miles on each side rate and distinct channels.
of the Lafourche ; the lands thus At the thirty-first degree of north
reclaimed will not, however, ave- latitude, and near to the point
rage forty acres in depth, fit for where Red river flows into, and
cultivation, and may be estimated the Chafalaya is discharged from,
at 400,000 acres. This is certain- the Mississippi, the waters of that
ly the most productive body of land river are compressed into a nar-
in the United States, and will be in rower space than at any other point
a very short period, if it is not at below the 33d degree of north
present, as productive as any other latitude; this may be considered
known tract of country of equal as the apex of the lower plain. The
extent. contraction of the waters of the
If the waters drawn off in any Mississippi at this point is occa-
given time from the Mississippi sioned by the Avoyelles, which,
through the natural channels, now during high water, is an island, and
formed, were delivered into the is alluvial land, but of ancient ori-

gulf through those channels in the gin ;


from this island a tongue of
same given time, then they would land projects towards the Missis-
not overflow their natural banks, sippi, which, though covered at
and the adjacent lands would be high water, is of considerable
reclaimed ; but this is not the fact ; elevation. It is probable, there-
and the object can only be accom- fore, that at the point thus designa-
PUBLIC DOCUMENTS. [97

ted, a series of experiments and off a considerable portion of the


admeasurements could be made, water by channels. The
artificial

by which the volume of water dis- Red river, arrested in its direct
charged in any given time, on the progress by the elevated lands of
lower plain, by the Mississippi, at Avoyelles, is deflected in a direc-
its
stages of elevation,
different tion contrary to the general course
might be ascertained with sufficient of the Mississippi, and traverses
accuracy to calculate the number the whole width of the upper plain
and capacity of the channels ne- in a circuitous course of upwards
cessary to discharge that volume of of thirty miles before it reaches
water into the gulf of Mexico in that river. There is good reason
the same time. With this data, to believe that the waters of the
the practicability and the expense Red river, or a very large portion
of enlarging the natural, and ex- of them, in times past, found their
cavating a sufficient number of way through Bayou Bosuf and the
new, channels to affect this object, lake of the Attakapas to the ocean ;

might readily be ascertained. If and during high floods a small por-


that work could be accomplished tion of the waters "of that river arc
by the government, every thing now discharged into the Bayou
else in respect to the lower plain Bceuf, at different points between
should be individual exer-
left to the Avoyelles and Rapide. deep A
tion, and the lands would be re- cut from the Red river, through the
claimed as the increase of popula- tongue of elevated alluvial land east
tion and wealth of the country of the Avoyelles, to the Chafalaya,
might create a demand for them. and opening the natural channels
The contraction of the plain of by which it now occasionally flows
the Mississippi by the elevated into the Bayou Bceuf, would pro-
lands of the Avoyelles, and the bably take off the waters which ac-
manner in which Red river passes cumulate at the lower termination
through the whole width of the of the upper plain with such rapi-
upper plain, to a distance of nearly dity, and reduce their elevation so
thirty miles, has a strong tendency much as to enable individual enter-
to back up all the waters of the
prise and capital to continue the
upper plain; therefore it is that, embankments, which now termi-
immediately above this point, there nate below this point, not only
is a
greater extent of alluvial lands, along the whole course of the Mis-
more deeply covered with water sissippi, but along all those exten-
than at any other point, perhaps, sive water courses running through
on the whole surface of the plain the upper plain.
of Louisiana and at some distance
; The Tensa, a continuation of
below this point, the embankments Black river, is, for fifty miles above
of the Mississippi terminate. To its junction with Red river, a deep
enable individuals to progress with water course, and in breadth but little
these embankments, and to facili- inferior to the Mississippi. It draws
tate the erection of others but a very small portion of its wa-
along
the water courses, and to reclaim ters from the high lands, but com-
with facility the lands of the upper municates with the Mississippi by
plain, it will probably be found to a number of lakes and bayous, at
be indispensably necessary to draw different from near its
points,
13
98] ANNUAL REGISTER, 1827-8-9.

mouth to its source, which is near counter currents in every possible


the 33d degree of latitude, and direction ; but when the floods
through these channels aids in have attained their greatest known
drawing off the surplus water of height, then this whole plain be-
the Mississippi, while it continues comes covered with water, from a
to rise ; when the Mississippi, how- few inches to twelve feet deep, as
ever, retires within its banks, the its surface may be more
or less de-
waters in these bayous take a dif- pressed ;
and could be ex-
if it

ferent direction, and are returned posed to view, would exhibit the
through the same channels into the appearance of an immense lake,
Mississippi. Particular local causes with a few insulated spots dispersed
will produce this effect at particu- throughout it, such as the island of
lar points ; but the general cause, Sicily, the banks of the lakes Con-
so far as these bayous connect with cordia, Providence, and Wash-
the Tensa, will be found in the fact ington, and some very narrow strips
that th -re is not a sufficient vent partially distributed along the banks
for the waters of the upper plain of the Mississippi and the other
at the point of connexion with the water courses. If the whole of the
lower plain of Louisiana. The upper plain were reclaimed in the
Tensa is also connected, in times manner above mentioned, then th
of high water, at several points, waters being contracted into much
with the Washita and its branches. narrower channels would necessa.
When the Mississippi has risen to rily be very considerably elevated
a point a few feet below its natu- above the point to which they now
ral banks, the whole of the upper rise and passing off on the lower
;

plain of Louisiana is divided by the plain with greater elevation and


natural channels which connect the greater rapidity, and having only
Mississippi with the Tensa, and the present natural channels of
the Tensa with the Washita, into a outlet to the gulf, the inevitable
number of distinct islands of va- consequence would be, that the
rious extent. The banks of the whole of the lower plain would be
rivers and the natural channels inundated, and probably parts of
which connect them are very ge- Attakapas and Opelousas would
nerally the most elevated lands; again be subject to inundation.
and each and all these islands The reclamation of both the
might be reclaimed from inunda- plains of Louisiana will depend,
tion by embankments, thrown en- under any possible plan that may
tirelyaround them, of from six to be proposed, upon the practica-
twelve feet high, provision being bility of tapping the Mississippi and
made to take off* the rain water, Red rivers, at one or more points,
and that occasioned by leakage and to an extent that may draw off
and accidental crevices in the rapidly such a quantity of water
banks, with machinery. While the as will prevent the refluent waters
Mississippi is rising, the waters are now collected just above the 31st
carried off through these natural degree of latitude, from rising to
channels and their outlets into the the heights to which they now do,
lakes and the lowest and most de- and the practicability of delivering
pressed parts of the plain. During the waters into the ocean within pe-
this process, there are currents and riods equal to those in which they
PUBLIC DOCUMENTS. [99

drawn off. We have seen The course of the Mississippi


that the natural channels of the from Donaldsonvilie to New-Or-
Lafourche, Plaquemine, Iberville, leans being nearly parallel to the
gulf, and the
and the Chafalaya, have so reduced distance to the gulf
the mass of water in the Missis- across that part of the plain being
sippi, fcelow their points of afflux, much shorter than that by its natu- *

as to enable individuals, by very ral channel to tide water, that por-


moderate embankments, to confine tion of the river presents eligible
that part of the Mississippi within points for tapping, particularly near
its banks. The Lafourche is the to New-Orleans ;
the commerce of
only one of these natural channels which, in time not perhaps distant,
that takes off" the waters to the may require a deep cut to be made
ocean so rapidly and directly as to to the gulf. The width of the river
enable individuals to erect levees at Donaldsonvilie being about
or embankments along its whole seven hundred yards, the rise above
course. The passes of the Rigo- its natural banks about one yard,

lets, and at Berwick's bay, not and its velocity two and a half
being sufficient to take off the wa- miles an hour ; if, then, by one or
ters which flow through them as more tappings below this point, a
fast as they are discharged into volume of water of the above dimen-
their resevoirs, it is evident that no sions could be carried off to the
beneficial effect could be derived ocean with equal velocity, then
from tapping the Mississippi at any would the highest elevation of the
point on its eastern bank, or at any river be reduced very considerably
point on the Western bank above every where below such tapping,
the Lafourche, unless the capacity and for some distance above. Such
of the outlets at Berwick's bay and a reduction of the elevation of this
the Rigolets be greatfy enlarged. part of the river, aided by the clear-
The passes at the Rigolets are well ing out of the rafts from the Chafa-
known; and it is
probable that by laya, would possibly produce so
enlarging them, and cutting off that great a reduction of the refluent
portion of the waters of Pearl river waters at the junction of the Red
which now flows through them, and Mississippi rivers, as to enable
they might be made adequate to individuals to proceed gradually to
take off, in a sufficiently short pe- the reclamation of the whole of the
riod, the waters of Iberville and upper plain by common embank-
those of the short rivers of Beli- ments. It would then require only
ciana, so as to prevent that portion an increased capacity to be given
of the plain between the Iberville to the outlets of the lake of Attaka-
and the city of New-Orleans from pas, to insure the
reclamation of
being inundated, except so far as both plains. Buf if this effect can-
the waters of Ponchartrain, ele- not be produced by the tappings
vated by high winds and tides, may below the Lafourche, then they
produce that effect. It is only, must be> made at points higher up,
therefore, on the west bank of that either between Plaquemine and
river, or the south bank of Red the Chafalaya, or at a point about
river, that the proposed tappings the mouth of the Bayou Lamourie,
can be made with the prospect of orDu Lac, on Red river. A refe-
a successful issue. rence to the map will show that
100J ANNUAL REGISTER,
the waters of Red river can be It enters Berwick's bay about
taken to the Gulf from this point eighteen miles from the Gulf. Near,
in an almost direct course, through ly opposite 10 the mouth of the
channels that it is more than proba- Teche is the mouth of Bayou Black,
ble they formerly occupied, and in or Bayou Bceuf. This bayou, like
a distance of less than one half of the Teche, is also a natural canal,
that by which they reached the occupying the highest elevation of
ocean through the channel of the a narrow tract of land, extending
Mississippi, and by forty or fifty eastwardly nearly to the Bayou
miles lessthan that through the Lafourche, that is seldom inun-
channels of the Chafalaya. A dated, and which would seem to be
deep cut at this point, of ten miles, a prolongation of the Utakapas
through an alluvial soil, would dis- country ; inducing a belief that the
charge the waters of Red river in Teche formerly discharged its wa-
Bayou Bosuf and as these waters
;
ters at a point farther east, into a
would pass through an alluvial plain bay that occupied the whole of the
having probably a fall of not less present plain, from the Attakapas
than sixty feet in seventy miles lake to Bayou Lafourche and the
from the point of tapping, there is Mississippi. It is this elevated
reason to believe that they would ridge that causes the indentation in
work for themselves, without much the lower plain to be deluged by
artificial aid, a channel of great the waters of the Mississippi, which,
capacity. forcing a passage for themselves
The question then arises, how across the Teche, have formed an
are these waters, in addition to the outlet called Berwick's bay. This
superabundant waters of the Chafa- path is narrow, and is about seven
laya, which already overflow all or eight feet deep, passing in part
the valley of the lake of Attakapas, of its course through lands not of
to be taken off to the gulf ? To recent alluvion, and disembogues
solve this question satisfactorily, it into the bay of Achafoiia, through
will be necessary to take a view the lake of that name, and two or
of the outlets of the lake of Atta- three other outlets.
kapas. The Teche is a natural Following up, then, this indica-
canal, almost without feeders or tion of nature, by cutting artificial
outlets,except at its mouth, and outlets from the lake of Attakapas
having no doubt been a channel for across the Teche, at different
a much larger mass of water in time points, for a distance of fifteen or
past, its adjacent lands have been twenty miles above its mouth, at
formed precisely as those of the such places as the drains emptying
Mississippi have been, and its into the ocean may approach near-
banks of course occupy the highest est to Attakapas lake, giving to
elevation of the country through such cuts any width that may be
which it runs. For miles forty required, and a depth that may be
above its mouth it is contracted by on a level with low water mark,
the waters of the Attakapas Jake on and embanking the lake of Attaka-
the one side, and by those of the
pas so as to raise it three feet above
gulf on the other, so as to exhibit its present surface, it is believed
almost literally a mere tongue of that a capacity may be obtained for
lancLjust above high water mark. taking off any volume of water that
PUBLIC DOCUMENTS. [10J

n may be necessary to throw into minute knowledge which they


the lake of Attakapas, and at an would obtain of the topography of
expense very trifling incomparison the entire plain, would enable them
to the object to be obtained. All to designate different portions of it
the waters of the Atchafalaya being in both plains which could be re-
thrown into lake Attakapas, and claimed from inundation at an ex-
that lake embanked, the whole of pense commensurate with the pre-
the plain between it and the Mis- sent capital and population of the
sissippi would be exempt from in- country.
undation. The rain water, and The gradual elevation of the
that from the weepings and cre- plain of the Mississippi,* by the
vices in the embankments, would annual deposites, and the accumu-
find a reservoir in the deepest lakes lation of population and capital,
and beds of Grand river, the sur- will ultimatelyaccomplish its entfre
plus being taken off by machinery, reclamation from the inundations
or by tide locks in some of the of the Mississippi but the interpo-
;

bayous, which now connect with sition of the government and the
these lakes in the highest floods. judicious expenditure of a few mil-
It is believed that three brigades lions of dollars would accomplish
of the topographical corps, opera- that object fifty or perhaps a hun-
ting for a few seasons from the 1st dred years sooner than it will be
of November to the 1st of July, effected by individual capital, aided
would be able to obtain sufficient by the slow operations of nature.
data to decide upon the practica- I attach a small diagram of the

bility of devising, and the expense country, as illustrative of some of


of accomplishing, a plan that would the points referred to in this report.
effect the reclamation of both With great respect,
plains : but if it should be found to Your obedient servant,
be impracticable, or too expensive GEO. GRAHAM,
for the state of the population and The Hon. RICHARD RUSH,
wealth of the country, yet the Secretary of the Treasury*

* The
gradual elevation of the plain is not perceptible, because the gradual ele-
vation of the beds of the water courses, arising from the same cause, occasions as
general an overflow of their banks as formerly but that which is perceptible is tho
;

rapid Riling up of the ponds and shallow lakes; and there can be no question that
the great annual alluvion and vegetable deposite must produce similar effects through
the whole plain.
The Mississippi river is among the muddiest in the world, and deposites its muddy
particles with great rapidity ; its waters hold in solution not less than one sixteenth
part of their bulk of alluvion matter, and some experiments are stated to give a greater
proportion. If then, within the embankments of the Mississippi, a piece of level
ground be surrounded by a dike sixteen inches high, and filled by the waters of the
Mississippi when above its banks, and those waters drawn off when they have de-
posited all their muddy particles, nearly one inch in depth of alluvion matter will have
been obtained ; ifthis process be repeated as often as practicable during a season of high
waters, a quantity of alluvion will have been accumulated of not less than six or eight
inches in depth. This process is similar to that termed warping in England, and is
in use to some extent along the waters of the estuary of the Humber for manuring
lands; and it is a process by which the lands of the plain of Louisiana will be ren-
dered inexhaustible, so long as the Mississippi continues to bear its muddy waters to
the ocean.
102] ANNUAL REGISTER, 1827-8-9.

An estimate of the expense of exca- charging from the lake, with great
vating Outlets from the Lake of velocity, acolumn of water of fif-
the Attakapas to the Gulf of teen yards in width and one yard
Mexico. in depth, at the point where it left

Onthe presumption that the wa. the lake.


ters of the gulf of Mexico, at low No estimate, with any tolerable
tide, reach within six miles of the approximation to accuracy, can be
lake and it is believed that they made of the expense of excavating
do, at several points, between the a deep cut from Red river to the
Bayou Cypress and Berwick's bay Bayou Bceuf, and of enlarging the
let positions at one or more of bed of that bayou; of the embank-
the most favourable of these points ments along the Attakapas, neces-
be selected, the aggregate width of sary to give it the required eleva-
which shall be two thousand yards ;
tion;
or for tide locks, machinery,
let such portions of these positions dec. until an accurate survey on
as may be inundated at high water, the ground made. It is possible
be drained by common embank- that the judicious expenditure of
ments, so that oxen may be used five million dollars, by the govern-
in removing the earth ;
let excava- ment, would be sufficient to make
tions be made through them of such the excavations, and erect embank-
widths as may be best adapted to ments, tide locks, and other ma-
the removal of the earth, leaving, chinery, that would bo necessary
however, the proportion of excava- to give such a control over the
tion to that of embankment as three waters of the Mississippi, and its
to one. A number of canals will outlets, as to reduce them so nearly
then be formed, with an embank- within their banks at high floods as
ment between each, the excavation to enable individual capital to pro-
of which, their beds being on a gress with the entire embankment
level with low water, would not of them, and the reclamation of the
average a depth of three feet. whole plain.
These proportions will give the The quantity of land belonging to
amount of excavation as equal to the government within the limits of
15,840,000 cubic yards, which, at the alluvial plain may be estimated
20 cents the cubic yard, gives at three millions of acres, which, at
$3,168,000 as the expense of ex- a minimum price of ten dollars per
cavating outlets, which, at low tide, acre, would be upwards of thirty
would have the capacity of dis- millions of dollars.

A Treaty of Commerce and Navigation, between the United States of


America and His Majesty the King of Sweden and Norway.

In the name of the Most Holy and lidating the commercial relations
Invisible Trinity. subsisting between their respective
The United States of America territories, and convinced that this
and His Majesty the King ofSweden object cannot better be accom-
and Norway, equally animated with plished than by placing them on the
the desire of extending and conso- basis of a perfect equality and re-
PUBLIC DOCUMENTS. [103

:iprocity, have, in consequence, in ballast, into the ports of the Uni-

agreed to enter into negotiation for ted States of America, from what-
a new Treaty of Commerce and ever place they may come, shall be
Navigation and, to this effect, have
;
treated on their entrance, during
appointed Plenipotentiaries, to wit ;
their stay, and at their departure,
The President of the United States upon the same footing as national
of America, John James Appleton, vessels coming from the same place,
Charge d'Affaires of the said States with respect to the duties of tonnage,
at the Court of His Majesty, the
light houses, pilotage, and port
King of Sweden and Norway and :
charges, as well as to the perquisites
His Majesty the King of Sweden of public officers, and all other
and Norway, the Sieur Gustave duties or charges of whatever kind
Cuunt de Wetterstedt, his Minister or denomination, levied in the name
of State and of Foreign Affairs, or to the profit, of the government,
Knight Commander of his orders, the local authorities, or of any pri-
Knight of the Orders of St. Andrew, vate establishment whatsoever.
St. Alexander Newsky, and St. Ann, And reciprocally, the vessels of
of the first class, of Russia ; Knight the United States of America, arri-
of the Order of the Red Eagle, of ving, either laden, or in ballast, in
the first class, of Prussia Grand
;
the ports of the kingdom of Sweden
Cross of the Order of Leopold, of and Norway, from whatever place
Austria one of the Eighteen of the
; theymay come, shall be treated on
Swedish Academy ; who, after hav- their entrance, during their stay,
ing exchanged their full powers, and at their departure, upon the
found in good and due form, have same footing as national vessels com-
agreed upon the following articles :
ing from the same place, with respect
ARTICLE I. to the duties of tonnage, light houses
The citizens and subjects of each pilotage, and port charges, as well
of the two high contracting parties as to the perquisites of public offi-
may, with all security for their per- cers, and all other duties or charges,
sons, vessels, and cargoes, freely of whatever kind or denomination,
enter the ports, places, and rivers, levied in the name, or to the profit of
of the territories of the other, the government, the local authori-
wherever foreign commerce is per- ties, or of any private establishment
mitted. They shall be at liberty to whatsoever.
sojourn and reside in all parts what- ARTICLE in.
soever of said territories ; to rent All that may be lawfully import-
and occupy houses and warehouses ed into the United States of Ame-
commerce ; and they shall
for their rica, in vessels of the said states,
cnj v generally, the most entire se-
>
may also be thereinto imported in
curity and protection in their mer- Swedish and Norwegian vessels,
cantile transactions, on condition of and in those of the island of St.
their submitting to the laws and or- Bartholomew, from whatever place
dinances of the respective countries. they may come, without paying
ARTICLE II. other or higher duties, or charges,
Swedish and Norwegian vessels, of whatever kind or denomination,
and those of the island of St. Bar- levied in the name, or to the profit,
tholomew, arriving either laden or of the government, the local au-
104J ANNUAL REGISTER, 1827-8-9.

thorities, or of any private esta- ARTICLE V.


blishments whatsoever, than if im- The stipulations contained in the
ported in national vessels. three preceding articles, are, to
And reciprocally, all that may their full extent, applicable to the
be lawfully imported into the king- vessels of the United States of Ame-
doms of Sweden and Norway, in rica, proceeding, either laden, or
Swedish and Norwegian vessels, or not laden, to the colony of St. Bar-
in those of the island of St. Bar- tholomew, in the West Indies, whe-
tholomew, may also be thereinto ther from the ports of the kingdoms
imported in vessels of the United of Sweden and Norway, or from
States of America, from whatever any other place whatsoever; or
place they may come, without pay- proceeding from said colony, either
ing other or higher duties, or laden or not laden, whether bound
charges, of whatever kind or deno- forSweden or Norway, or for any
mination, levied in the name, or to other place whatsoever.
the profit, of the government, the ARTICLE VI.
local authorities, or of any private It expressly understood, that
is
establishments whatsoever, than if the foregoing second, third, and
imported in national vessels. fourth articles, are not applicable
ARTICLE IV. to the coastwise navigation from
All that may be lawfully export- one port of the United States of
ed from the United States of Ame- America, to another port of the
rica in vessels of the said states, said states * nor to the navigation
may also be exported therefrom in from one port of the kingdoms of
Swedish and Norwegiari*vessels, or Sweden or of Norway to another,
in those of the island of St. Bar- nor to that between the two latter
tholomew, without paying other countries; which navigation each
or higher duties, or charges, of of the two high contracting parties
whatever kind or denomination, reserves to itself.
levied in the name, or to the profit, ARTICLE VII.
of the government, the local au- Each of the two high contracting
thorities, or of any private establish- parties engages not to grant, in its
ments whatsoever, than if exported purchases, or in those which might
in national vessels. be made by companies or agents,
And reciprocally, all that may be acting in its name, or under its
lawfully exported from the king- authority, any preference to impor-
doms of Sweden and Norway, in tations made in its own vessels, or
Swedish and Norwegian vessels, or in those of a third power, over those
in those of the island of St. Bar- made in the vessels of the other
tholomew, may also be exported contracting party.
therefrom in vessels of the United ARTICLE VIII.
States of America, without paying The two high contracting parties
other or higher duties, or charges, engage not to impose upon the na-
of whatever kind or denomination, vigation between their respective
levied in the name, or to the profit, territories, in the vessels of either,
of the government, the local au- any tonnage or other duties of any
thorities, or of any private esta- kind or denomination, which shall
blishments whatsoever, than if ex- be higher, or other than those
ported in national vessels. which shall be imposed on every
BUBLIC DOCUMENTS, [105

other navigation, except that which soil or industry of the oth^r con.
they have reserved to themselves, tracting party, and on the importa-
respectively, by the sixth article of tions and exportations made in its
the present treaty. vessels.
ARTICLE IX. ARTICLE XI.
There not be established,
shall The citizens or subjects of
one
in the United States of America, of the high contracting parties, ar-
upon the products of the soil or in- riving with their vessels on the
dustry of the kingdoms of Sweden coasts belonging to the other, but
and Norway, or of the island of not wishing to enter the port, or
St. Bartholomews, after having entered therein, not
any prohibition
or restriction of importation or ex-
wishing to unload any part of their
portation, or any duties of any kind cargo, shall be at liberty to depart
or denomination whatsoever, un- and continue their voyage, without
less such prohibitions, restrictions, paying any other duties, imposts,
and duties, shall, likewise, be esta- or charges, whatsoever, for the
blished upon articles of like nature, vessel and cargo, than those of pi-
the growth of any other country. lotage, wharfage, and for the sup-
And reciprocally, there shall not port of light-houses, when such
be established in the kingdoms of duties shall be levied on national
Sweden and Norway, nor in the vessels in similar cases. It is un-
island of St. Bartholomews, on the derstood, however, that they shall
products of the soil or industry of always conform to such regulations
the United States of America, any and ordinances concerning naviga-
prohibition or restrictions of impor- tion, and the places and ports which
tation or exportation, nor any du- they may enter, as are, or shall be,
tiesof any kind or denomination in force with regard to national ves-
whatsoever, unless such prohibi- sels and that the custom-house
;

tions, restriction*, duties, be


and be permitted to visit
officers shall
likewise established upon articles them, to remain on board, and to
of like nature, the growth of the take all such precautions as may
island of St. Bartholomews, or of be necessary to prevent all unlaw-
any other place, in case such im- ful commerce, as long as the ves-

portation be made into, or from, sels shall remain within the limits
the kingdoms of Sweden and Nor- of their jurisdiction.
way; or of the kingdoms of Swe- ARTICLE XII.
den and Norway, or of any other It isfurther agreed, that the ves-
place, in case such importation or sels of one of the high contracting
exportation be made into, or from, parties, having entered into the
the island of St. Bartholomews. ports of the other, will be permit-
ARTICLE X. ted to confine themselves to unla-
All privileges of transit, and all ding such part only of their car-
bounties and drawbacks which may goes, as the captain or owner may
be allowed within the territories of wish, and that they may freely de-
one of the high contracting parties, part with the remainder, without
or
upon the importation or exportation paying any duties, imposts,
that
of any article
whatsoever, shall, charges, whatsoever, except for
likewise, be allowed on the articles partwhich shall have been landed,
of like nature, the products of the and which shall be marked upon,
14
1U6] ANNUAL REGISTER,
and erased from, the manifest ex- formably to the laws, and deprived
hibiting the enumeration of % the of the exercise of their functions by
articles with which the vessel was the offended government, which
laden ;
which manifest shall be shall acquaint the other with its
presented entire at the custom- motives for having ihus acted; it
fiouse of the place where the ves- being understood, however, that
sel have entered. Nothing
shall the archives and documents rela-
shall be paid on thai part of the tive to the affairs of the consulate

'cargo which the vessel shall carry shall be exempt from all search,

away, and with which it may con- and shall be carefully preserved
tinue voyage, to one, or several
its under the seals of the consuls, vice
other ports of the same country, consuls, or commercial agents, and
there to dispose of the remainder of the authority of the place where
of its cargo, if composed of arti- they reside.
c\es whose importation is permitted, The consuls, vice consuls, com-
oh paying the duties chargeable mercial agents, or the persons duly
upon it or it may proceed to any
;
authorized to supply their places,
o or country. It is understood, shall have the right, as such, to sit
however, that all duties, imposts, as judges and arbitrators in such
or charges whatsoever, which are, differences as may arise between
or may become chargeable upon the captains and crews of the ves-
the vesseJsthemselves, must be paid sels belonging to the nation whose
at the first port where they shall interests are committed to their
break bulk, or unlade part of their charge, without the interference of
cargoes ; but that no duties, im- the local authorities, unless the
posts, or charges, of the same des- conduct of the crews, or of the
cription, shall be demanded anew captain, should disturb the order or
in.the ports of the same country, tranquillity of the country or the;

which such vessels might, after- said consuls, vice consuls, or com-
wards, wish to enter, unless na- mercial agents, should require their
tional vessels be, in similar cases, assistance to cause their decisions
subject to some ulterior duties. to be carried into effect or support-
V&TICLE XIII. ed. It is, however, understood,
Each of the
high contracting that this species of judgment, or
parties grants to the other the pri- arbitration, shall not deprive the
vilege of appointing, in its com- contending parties of the right they
mercial ports and places, consuls, have to resort, on their return, to
vice consuls, and commercial the judicial authority of their coun-
agents, who shall enjoy the full try.
protection, and receive every as- ARTICLE XIV.
sistance necessary for the due The said consuls,
vice consuls,
exrci&e of their functions ; but it or commercial agents, are author-
"^siy declared, that, in case ized to require the assistance of the
of illegal or improper conduct, local authorities for the arrest, de-
with, respect to the laws or govern- tention, and imprisonment, of the
ment of the country in which said deserters from the ships of war
consuls, vice consuls, or commer- and merchant vessels of their
cial agents, shall reside,they may and for this purpose, they
country ;

b prosecuted and punished con- shall apply to the competent tribu-


PUBLIC DOCUMENTS. [101

a!s, judges, and officers, and those entitled thereto, if claimed


shall, in writing, demand
said de- within a year and a day, upon
serters, proving, by the exhibition paying such costs of salvage as
of the registers of the vessels, the would be paid by national vessels
rolls of the crews, or by other offi- in the same circumstances ; and
cial documents, that such indivi- the salvage companies shall not
duals formed part of the crews, and compel the acceptance of their
on this reclamation being thus sub- services, except in the same cases,
stantiated, the surrender shall not and after the same delays, as shall
be refused. be granted to the captains and
Such deserters, when arrested, crews of national vessels. More-
shall be placed at the disposal of over, the respective governments
the said co suls, vice consuls, or will take care that these compa-
commercial agents, and may be nies do not commit any
vexatioui^
confined in the public prisons, at or arbitrary acts.
the request and cost of those who ARTICLE xvi.
claim them, in order to be sent to It is agreed that vessels arriving
the vessels to which they belonged, directly from the United States of
or to others of the same country. America, at a port within the do-
But, if not sent back within the minions of his majesty the king of
space of two months, reckoning Sweden and Norway, or from the
from the day of their arrest, they territories of his said majesty in
shall be set at liberty, and shall not Europe, at a port of the United
be again arrested for the same States, and provided with a bill of
cause. health granted by an officer having
It isunderstood, however, that, competent power to that effect, at
if thedeserter should be found to the port whence such vessel shall
have committed any crime or of- have sailed, setting forth that no
fence, his surrender may be de- malignant or contagious diseases
layed, until the tribunal before prevailed in that port, shall be sub-
which the case shall be depending, jected to no other quarantine than
shallhave pronounced its sentence, such as may be necessary tor the
and such sentence shall have been visit of the health officer of the
carried into effect. port where such vessel shall have
ARTICLE xv. arrived ; after which, said vessels
In case any vessel of one of tfie shall be allowed immediately to.
high contracting parties shall have enter and unload their cargoes;
been stranded or shipwrecked, or provided always, that there shall
shall have suffered any other da- be on board no person who, during
mage on the coasts of the domi- the voyage, shall have been at-
nions of the other, every aid and tacked with any malignant or con-
assistance shall be given to the tagious disease ; that such vessels
persons shipwrecked or in danger, shall not, during their passage,
and passports shall be granted to have communicated with any ves-
them to return to their country. sel liable, itself, to undergo a qua-
The shipwrecked vessels and mer- rantine ;
and that the country
chandise, or their proceeds, if the whence they came shall not, at
same have been soM, shall
shxll that time, be so far infected or sus-
be restored to their owners, or to pected, that, before their arrival erf
108] ANNUAL REGISTER, 1827-8-9.

ordinance had been issued, in con- uncertainty resulting therefrom


sequence of which all vessels with respect to the various events
coming from that country should which may take place, it is agreed
be considered as suspected, and that a merchant vessel belonging
consequently subject to quarantine. to either of them, which may be
ARTICLE XVII. bound a port supposed, at the
to
The second, fifth, sixth, seventh, time of its departure, to be block-
eighth, ninth, tenth, eleventh, aded, shall not, however, be cap-
twelfth, thirteenth, fourteenth, fif- tured or condemned for having
teenth, sixteenth, seventeeth, eigh- attempted, a first time, to enter
teenth, nineteenth, twenty-first, said port, unless it can be proved
twenty-second, twenty-third, and that said vessel could, and ought
twenty-fifth articles of the treaty of to have learned, during its voyage,
amity and commerce concluded at that the blockade of the place in
Paris on the third of April, one question still continued. But all
thousand seven hundred eighty- vessels which, after having been
three, by the plenipotentiaries of warned off once, shall, during the
the United States of America, and same voyage, attempt a second
of his majesty the king of Sweden, time to enter the sam^ blockaded
together with the first, second, port, during the continuance of
fourth, and fifth separate articles, said blockade, shall then subject
signed on the same day by the themselves to be detained and con-
same plenipotentiaries, are revi- demned.
ved, and made applicable to all the ARTICLE XIX.
countries under the dominion of The
present treaty shall conti-
the present high contracting par- nue in force ten years, counting
ties,and shall have the same force from the day of the exchange of
and value as if they were inserted the ratifications and if, before the
;

in -the context of the present trea- expiration of the first nine years,
ty. It being understood that the neither of the high contracting
stipulations contained in the arti- parties shall have announced, by
cles above cited, shall always be an the other,
official notification, to
considered, as in no manner affect- itsintention to arrest the operation
ing the conventions concluded by of said treaty, it shall remain bind-
either party with other nations, ing for one year beyond that time,
during the interval between the ex- and so on, until the expiration
piration of the said treaty of one of the twelve months whjch will
thousand seven hundred eighty- follow a similar notification, whate-
three, and the revival of said arti- ver the time at which it may take
cles by the treaty of commerce place.
and navigation, concluded at Stock- ARTICLE xx.
holm by the present high contract- The
present treaty shall be rati-
ing parties, on the fourth of Sep- fied by the president of the United
tember, one thousand eight hun- States of America, by and with the
dred and sixteen. advice and consent of the Senate,
ARTICLE XVIII. and by his majesty the king of
Considering the remoteness of Sweden and Norway, and the rati-
the respective countries of the two fications shall be exchanged at
high contracting parties, and the Washington within the space of
PUBLIC DOCUMENTS. [109

nine months from the signature, or of importation from Sweden and


sooner, if possible. Norway.
In faith whereof, the respective The present separate article
have signed shall have the same force and value
plenipotentiaries
the present treaty, by dupli- as if it were inserted, word for word,
cates, and have affixed there- in the treaty signed this day, and
to the of their arms.
seals shall be ratified at the same time.
Done Stockholm, the fourth
at In faith whereof, we, the under-
of July, in the year of Grace, signed, by virtue of our re-
one thousand eight hundred spective full powers, have
and twenty-seven. signed the present separate
J. J.APPLETON. [L.S.] article, and affixed thereto the
G. COUNT DE WETTERSTEDT. [L.S.] seals of our arms.
Done at Stockholm, the fourth
SEPARATE ARTICLE.
of July, one thousand eight
Certain relations of proximity
hundred and twenty-seven.
and ancient connexions having led
J. J. APPLETON. [i"S]
to regulations for the importation G. COUNT DE WETTERSTEDT. [L.S.]
of the products of the kingdoms of
Sweden and Norway into the The said treaty and separate
Grand Duchy of Finland, and that article have been duly ratified on
of the products of Finland into
both parts, and the respective rati-
Sweden and Norway, in vessels of fications of the same were exchan-
the respective countries, by spe-
cial stipulations of a treaty still in ged at Washington, on the eigh-
teenth day of January, one thou-
force, and whose renewal forms sand eight hundred and twenty-
at this time the subject of a ne-
between the courts of eight, by Henry Clay, Secretary
gotiation of State "of the United States, and
Sweden and Norway and Rus-
Robert, Baron de Stackelberg,
sia, said stipulations being, in Colonel, Knight of the order of the
no manner, connected with the
sword, and Charge d'Affaires of
existing regulations for foreign his majesty, the king of Sweden
commerce in general, the two high
and Norway, near the said United
contracting parties, anxious to re- States, on the part of their respec-
move from their commercial rela-
tive
tions all kinds of ambiguity or mo-
governments.
tives of discussion, have agreed
that the eighth, ninth, and tenth ar- A Convention between the United
ticlesof the present treaty shall not States of America and his Ma-
be applicable either to the naviga- jesty the King of the United King-
tion commerce above men-
and dom of Great Britain and Ireland.
tioned, nor consequently to the WHEREAS it is provided, by the
exceptions in the general tariff of of the Treaty of Ghent,
fifth article
custom-house duties, and in the that, in case the commissioners
regulations of navigation resulting appointed under that article, for the
therefrom, nor to the special ad- settlement of the boundary line
vantages which are, or may be therein described, should not be
granted to the importation of tallow able to agree upon such boundary
and candles from Russia, founded line, the report or reports of those
upon equivalent advantages grant- commissioners, stating the points
ed by Russia on certain articles on which they had differed, should
110] ANNUAL REGISTER, 1827-8-9.

be submitted to some friendly sove- or state, as soon as the ratifica.


reign or state, and that the decision tions of this convention shall have
given by such sovereign state, been exchanged, and to use their
on such points of difference, should best endeavours to obtain a deci-
be considered by the contracting sion, if practicable, within two years
parties as final and conclusive : after the arbiter shall have signi-
That case having now arisen, and fied his consent to act as such.
it
having, therefore, become expe- ARTICLE II.

dient to proceed to, and regulate The reports and documents there-
the reference, as above described ; unto annexed, of the commission-
the United States of America and ers appointed to carry into execu-
his Majesty the King of the United tion the fifth article of the treaty

Kingdom of Great Britain and Ire- of Ghent, being so voluminous and


land, have, for that purpose, named complicated as to render it im-
their plenipotentiaries, that is to probable that any sovereign or
say : The President of the United state should be willing or able to
States has appointed ALBERT GAL- undertake the office of investiga-
LATIN, their Envoy Extraordinary ting and arbitrating upon them, it is

and Minister Plenipotentiary at the hereby agreed to substitute for


Court of his Britannic Majesty ; those reports, new and separate
and his said Majesty, on his part, statements of the respective cases,
has appointed the Right Honoura- severally drawn up by each of the
ble CHARLES GRANT, a Member of contracting parties in such form
;

Parliament, a Member of His said and terms as each may think fit.
Majesty's most Honourable Privy The said statements, when pre-
Council, and President of the Com- pared, shall be mutually communi-
mittee of the Privy Council for Af- cated to each other by the con-
fairs of Trade and Foreign Planta- tracting parties, that is to say, by
tions ;
and HENRY UDWIN ADDING- the United States to his Britannic
TON, Esq., who, after having ex- Majesty's Minister or Charge d'Af-
changed their respective full pow- faires at Washington, and by Great
ers,found to be in due and proper Britain to the Minister or Charge
form, have agreed to, and conclu- d'Affaires of the United States at
ded the following articles :
London, within fifteen months af-
ARTICLE i. , ter the exchange of the ratifications
It is agreed that the points of dif- of the present convention.
ference which have arisen in the After such communication shall
settlement of the boundary between have taken place, each party shall
the American and British domi- have the power of drawing up a
nions, as described in the fifth ar- second and definitive statement, if
ticle of the treaty of Ghent, shall itthinks fit so to do, in reply to the
be referred, as therein provided, to statement of the other party, so com-
some friendly sovereign or state, municated ; which definitive state-
who shall be invited to investigate, ments shall, also, be mutually com-
and make a decision upon, such municated, in the same manner as
points of difference. aforesaid, to each other, by the con-
The two contracting powers en- tracting parties, within twenty-one
gage proceed in concert to the
to months after the exchange of ratL
Choice of such friendly sovereign fications of the present convention.
PUBLIC DOCUMENTS, 1.111

ARTICLE III. ARTICLE IV.


feach of the contracting parties The map called Mitchell's
Map,
shall, within nine months after the by which the framers of the treaty
exchange of ratifications of this of 1783 are acknowledged to have
convention, communicate to the regulated their joint and official
other, m the same manner as afore- proceedings, and the map A, which
said, ail the evidence intended to be has been agreed on by the con-
broughi in support of its claim, be- tracting parties, as a delineation of
yond that which is contained in the the watercourses, and of the boun-
reports of the Commissioners, or dary lines in reference to the said
papers thereunto annexed, and other water courses, as contended for by
written documents laid before the each party, respectively, and which
Commission under the fifth article has accordingly been signed by the
of the treaty of Ghent. above named plenipotentiaries, at
Each of the contracting parties the same time with this convention,
shall be bound, on the application shall be annexed to the statements
of the other party, made within six of the contracting parties, and be
months after the exchange of the the only maps that shall be consL
ratifications of this convention, to dered as evidence mutually ac-
'

give authentic copies of such indi- knowledged by the contracting


vidually specified acts, of a public parties of the topography of the
nature, relating to the territory in country.
question, intended to be laid as It shall, however, be lawful for
evidence before the arbiter, as have either party to annex to its respec-
been issued under the authority, or tive first statement, for the purposes
are in the exclusive possession, of of^neral illustration, any of the
each party. or topographical
maps, surveys,
No maps, surveys, or topographi- delineations, which were filed with
cal evidence, of any description, the Commissioners under the fifth
shall be adduced by either party, article of the treaty of Ghent, any-

beyond that which is hereinafter engraved map heretofore published,


stipulated, nor shall any fresh evi- and also a transcript of the above-
dence of any description, be ad- mentioned map A, or of a section
duced or adverted to, by either thereof, in which transcript each
party, other than that mutually party may lay down the highlands,
communicated or applied for, as or other features of the country, as
aforesaid. it shall think fit ; the water courses

Each party shall have full power and the boundary lines, as claimed
to incorporate in, or annex to, ei- by each party, remaining as laid
ther its or second statement,
first down in the said map A.
any portion of the reports of the But this transcript, as well as all
Commissioners, or papers there- the other maps, surveys, or topo-
unto annexed, and other written graphical delineations, other than
documents, laid before the Com- the map A, and Mitchell's map, in-
mission under the fifth article of tended to be thus annexed, by either
the treaty of Ghent, or of the other party, to the respective statements,
evidence mutually communicated shall be communicated to the other
or applied for, as above provided, party, in the same manner as afore-
which it mav think fit. said, within nine months after the
112] ANNUAL REGISTER, 1827-8-9.

exchange of the ratifications of this immediately communicated by each


Convention, and shall be subject party to the other.
to such objections and observations And in case the arbiter should
as the other contracting party may find the topographical evidences
deem it expedient to make thereto, laid, as aforesaid, before him, in-
and shall annex to his first state- sufficient for the purposes of a sound
ment, either in the margin of such and just decision, he shall have the
transcript, map or maps,
or other- power of ordering additional sur-
wise. veys to be made of any portions of
ARTICLE V. the disputed boundary line or ter-
All the statements, papers, maps, ritory as he may think fit ; which
and documents, abovementiooed, surveys shall be made at the joint
and which shall have been mutually expense of the contracting parties,
communicated as aforesaid, shall, and be considered as conclusive by
without any addition, subtraction, them.
pr alteration, whatsoever, be jointly ARTICLE VII.
and simultaneously delivered in to The decision of the arbiter, when
the arbitrating sovereign or state, given, shall be taken as final
within two years after the exchange and conclusive, and it shall be car-
of ratifications of this convention, ried, without reserve, into imme-
unless the arbiter should not, within diate effect, by commissioners ap-
that time, have consented to act as pointed for that purpose by the con-
such ; in which case, all the said tracting parties.
statements, papers, maps, and docu- ARTICLE VIII.
ments, shall be laid before him This convention shall be ratified,
within six months after the time and the ratifications shall be ex-
when he shall have consented so changed, in nine months from the
to act. No other statements, pa- date hereof, or sooner, if possible.
pers, maps, or documents, shall In witness whereof, we, the re-
ever be laid before the arbiter, ex- spective plenipotentiaries, have
cept as hereinafter provided. signed the same, and have affix-
ARTICLE VI. ed thereto the seals of our arms.
In order to facilitate the attain- Done at London, the twenty-
ment of a just and sound decision ninth day of September,
on the part of the arbiter, it is in the year of our Lord one

agreed, that in case the said arbiter thousand eighthundred and


shou'd desire further elucidation or twenty-seven.
evidence, in regard to any specific ALBERT GALLATIN. [L. s.]
point contained in any of the said CHARLES GRANT. [L. s.]
statements submitted to him, the HENRY UNWIN ADDINGTON. [L. s.]
requisition for such elucidation or
evidence shall be simultaneously The said convention, and the
made to both parties, who shall respective ratifications of the same,
thereupon be permitted to bring were exchanged at London on the
further evidence, if required, and second day of April, one thousand
to make, each, a written reply to eight hundred and twenty-eight, by
the specific questions submitted by William Beach Lawrence, Charge
the said arbiter, but no further and
; d'Affaires of the United States at
such evidence and replies shall be the Court of his Britannic Majesty.
PUBLIC DOCUMENTS. [113

and the Right Honourable Charles in case either should think fit, at
Grant and Henry Unwin Adding, any time after the 20th of October,

ton, Esquire, on the part of their 1828, on giving due notice of twelve
^respective governments. months to the other contracting

party, to annul and abrogate this


Convention ; and it shall, in such
A Convention between the United
case, be accordingly entirely an-
States of America and his Majesty
nulled and abrogated, after the ex-
tJie King
of the United Kingdom of notice*
piration of the said term
of Great Britain and Ireland. ARTICLE III.
The United States of America Nothing contained in this Con-
and his Majesty the King of the vention, or in the third article of
United Kingdom of Great Britain the Convention of the 20th of Oc-
and Ireland, being equally desirous tober, 1818, hereby continued in
to prevent, as far as possible, all force, shall be construed to impair,
hazard of misunderstanding be- or in any manner affect, the claims
tween the two nations with respect which either of the contracting par-
to the territory of the Northwest ties may have to any part of the
Coast of America, west of the country westward of the Stony or
Stony or Rocky Mountains, after Rocky Mountains.
the expiration of the third article ARTICLE IV.
of the Convention concluded be- The present Convention shall be
tween them on the 20th of October, ratified, and the ratifications shall
1818 and, also, with a view to
; be exchanged in nine months, or
give further time for maturing sooner, if possible.
measures which shall have for In testimony whereof, the re-
their object a more definite settle- spective plenipotentiaries have
ment of the claims of each party to signed the same, and have
the said territory, have respectively affixed thereto the seals of
named their plenipotentiaries, to their arms.
treat and agree concerning a tem- Done at London, the sixth

porary renewal of the said article. day of August, in the year


ARTICLE I. of our Lord one thousand
All the provisions of the third eight hundred and twenty-
article of the Convention concluded seven.
between the United States of Ame- ALBERT GALLATIN. [L. s.]
rica and his Majesty the King of CHARLES GRANT. [L. s.]
the United Kingdom of Great Bri- HENRY UNWIN ADDINGTJON. [L. s.]
tain and Ireland, on the 20th of
October, 1818, shall be, and they The said Convention, and the
are hereby, further indefinitely ex- respective ratifications of the same,
tended and continued in force, in were exchanged at London, on the
the same manner as if all the pro- second day of April, one thousand
visions of the said article were eight hundred and twenty-eight,
herein specifically recited. by William Beach Lawrence,
ARTICLE II. Charge d'Affaires of the United
It shallbe competent, however, States at the Court of his Britannic
to either of the contracting parties, Majesty, and the Right Honourable
15
114] ANNUAL REGISTER, 1827-S-4.

Charles Grant, and Henry Unwin of July, 1815, were herein speciil,
Addington, Esquire, on the part of cally recited.
their respective governments. ARTICLE II.
It be competent, however,
shr.ll
to either of the contracting parties,
JL Convention between the United in case either should think fit, at
States of America, and his Ma- any time after the expiration of the

jesty the King of


the United said ten years that is, after the

Kingdom of Great Britain and 20th of October, 1828 on giving


Ireland. due notice of twelve months to the
other contracting party, to annul
The UnitedStates of America, and abrogate this Convention ; and
it shall, in such case, be accord-
ISind Majesty the King of the
his
United Kingdom of Great Britain ingly entirely annulled
and abro-
and Ireland, being desirous of con- gated, after the expiration
of the
tinuing in force the existing
corn- said term of notice.
tnercial regulations between the two ARTICLE III.

Countries, which are contained in The present Convention shall be


the Convention concluded between ratified, and the ratifications shall
them on the 3d of July, 1815, and be exchanged in nine months, or
further renewed by the fourth ar- sooner, if possible.
ticle of the Convention of the 20th In witness whereof, the respec-
October, 1818, have, for that pur- tive plenipotentiaries have
pose, named their respective pleni- signed the same, and have
potentiaries ; who, after having fixed thereto the seals of their
communicated to each other their arms.
respective full powers, found to be Done at London, the sixth
in due and proper form, have day of August, in the
agreed upon and concluded the fol- year of our Lord one
lowing articles. thousand eight hundred
ARTICLE I. and twenty-seven.
All the provisions of the Conven- ALBERT GALLATIN. [L. s.J
tion concluded between the United CHARLES GRANT. [L. s.J
States of America and his Majesty HENRY UNWIN ADDINGTON. [L. s. J
the King of the United Kingdom of
Great Britain and Ireland, on the The said Convention, and the
3d of July, 1815, and further con- respective ratifications of the same,
tinued for the term of ten years by were exchanged at London on the
the fourth article of the Convention second day of April, one thousand
of the 20th October, 1818, with the eight hundred and twenty-eight, by
exception therein contained, as to William Beach Lawrence, Charge
St. Helena, are hereby further in- d'AfTaires of the United States of
definitely, and without the said ex- America at the Court of his Bri-
ception, extended and continued in tannic Majesty, and the Right
force, from the date of the expira- Honourable Charles Grant and
tion of the said ten years, in the Henry Unwin Addington, Esquire,
same manner as if all the provisions on the part of their respective
of the same Convention of the 3d govcrhments.
PUBLIC DOCUMENTS. [115

~4. Convention of friendship, com- sels, be also imported in ves.


may
merce, and navigation, between sels of the said free
Hanseatic Re-
ilie United States
of America, and publics of Lubeck, Bremen, and
the free Hanseatic Republics
of Hamburg, and that no higher oi*
Lubeck, Bremen, and Hamburg. other duties upon the tonnage or
The UnitedStates of America, cargo of the vessel, shall be levied
on the one part, and the Republic or collected, whether the importa-
tion be made in vessels of the Uni-
and Free Hanseatic City of Lu-
ted States, or of either of the said
beck, the Republic and Free Han-
Hanseatic Republics. And, in like
seatic City of Bremen, and the
manner, that whatever kind of pro-
Republic and Free Hanseatic City
of Hamburg, (each state for itself duce, manufacture, or merchandise,
of any foreign country, can be, from
separately,) on the other part, time to time, lawfully imported into
being desirous to give greater fa-
either of the said Hanseatic Re-
cility to their commercial inter-
publics, in its own vessels, may be
course, and to place the privileges
also imported in vessels of the
of their navigation on a basis of
United States and that no higher
the most extended liberality, have ;

or other duties upon the tonnage or


resolved to fix, in a manner clear,
distinct, and positive, the rules cargo of the vessel, shall be levied
or collected, whether the importa-
which shall be observed between
tion be made in vessels of the one
the one and the other, by means of
a convention of friendship, com- party, or of the other. And they
further agree, that, whatever may
merce, and navigation.
be lawfully exported, or re-expor-
For the attainment of this most
desirable object, the President of ted, by one party, in its own ves-

the United States of America has sels, to any foreign country, may,
in like manner, be exported or re-
conferred full powers on Henry
exported in the vessels of the other
Clay, their Secretary of State ;
And the same
and the senate of the Republic and party. bounties,
free Hanseatic City of Lubeck, duties,and drawbacks, shall be al.
the senate of the Republic and free
lowed and collected, whether such
Hanseatic City of Bremen, and the exportation or re-exportation be
made in vessels of the one party,
senate of the Republic and free
Hanseatic City of Hamburg, have
or of the other. Nor shall higher*
or other charges, of any kind, be
conferred full powers on Vincent
imposed in the ports of the one
Rumpff, their Minister Plenipoten-
party, on vessels of the other, than
tiary near the United State of Ame-
are, or shall be, payable in the*
rica, who, after having exchanged
their said full powers, found in due
same ports by national vessels.
and proper form, have agreed to ARTICLE II.

the following articles : No higher or other duties shall


ARTICLE I. be imposed on the importation, into
The
contracting parties agree, the United States, of any article,
that, whatever kind of produce, the produce or manufacture of the
manufacture, or merchandise, of free Hanseatic Republics of Lu-
any foreign country, can be, from beck, Bremen, and Hamburg and ;

time to time, lawfully imported into no higher or other duties shall be


the United States, in their own ves. imposed pn the importation, into
116] ANNUAL REGISTER, 1827-8-9.

either of the said republics, of any Hamburg, and of the intimate con-
article, the produce or manufac- nexion of and navigation
trade
ture of the United States, than are, subsisting between these repub-
or shall be, payable on the like ar- lics, it is hereby stipulated and
ticle, being the produce or manu- agreed, that any vessel which shall
facture of any other foreign coun- be owned exclusively by a citizen
try ; nor shall any other, or higher or citizens of any or either of them,
duties or charges, be imposed by and of which the master shall also
either party on the exportation of be a citizen of any or either of
any articles to the United States, them, and provided three fourths of
or to the free Hanseatic Republics the crew shall be citizens or sub-
of Lubeck, Bremen, or Hamburg, jects of any or either of the said re-
respectively, than such as are, or publics, or of any or either of the
shall be, payable on the exporta- states of the confederation of Ger-
tion of the like articles to any other many, such vessel, so owned and
foreign country nor shall any pro-
; navigated, shall, for all the pur-
hibition be imposed on the impor- poses of this Convention, be taken
tation or exportation of any article, to be, and considered as, a vessel
the produce or manufacture of the belonging to Lubeck, Bremen, or
United States, or of the free Han- Hamburg.
seatic Republics of Lubeck, Bre. ARTICLE V.
men, or Hamburg, or from, the
to, vessel, together with her
Any
ports of the United States, or to, or cargo, belonging to either of the
from, the ports of the other party, free Hanseatic Republics of Lu-
which shall not equally extend to beck, Bremen, or Hamburg, and
all other nations. coming from either of the said ports
ARTICLE III. to the United States, shall, for all
No priority or preference shall purposes of this Convention, be
be given, directly or indirectly, by deemed to have cleared from the
any or either of the contracting republic to which such vessel be-
parties, nor by any company, cor- longs ; although, in fact, it may
poration, or agent, acting on their not have been the one from which
behalf, or under their authority, in she departed ; and any vessel of
the purchase of any article, the the United States, and her cargo,
growth, produce, or manufacture, trading to the ports of Lubeck, Bre-
of their states, respectively, import- men, or Hamburg, directly, or in
ed into the other, on account of, succession, shall, for the like pur-
or in reference to, the character of poses, be on the footing of a Han-
the vessel, whether it be of the one seatic vessel, and her cargo,
party or the other, in which such making the same voyage.
article was imported it being the
; ARTICLE IV.
true intent and meaning of the con- It is likewise
agreed that it shall
tracting parties, that no distinction be wholly free for all merchants,
or difference whatever shall be commanders of ships, and other
made in this respect. citizens of both parties, to manage,
ARTICLE IV. themselves, their own business, in
In consideration of the limited allthe ports and places subject to
extent of the territories of the Re- the jurisdiction of each other, as
publics of Lubeck, Bremen, and well with respect to the consign-
PUBLIC DOCUMENTS. [11?

ment and sale of their goods and persons and property of the citi-
merchandise, by wholesale or re- zens of each other, of all occupa-
tail, as with respect to the loading, tions, who may be in the territories
unloading, and sending off their subject to the jurisdiction of the one
ships; submitting themselves to or the other, transient, or dwelling
the laws, decrees and usages there therein, leaving open and free to
established, to which native citi- them the tribunals of justice for
zens are subjected they being, in
,
their judicial recourse, on the same
all these cases, to be treated as terms which are usual and custo.
citizens of the republic in which mary with the natives or citizens
they reside, or at least to be placed of the country in which they may
on a footing with the citizens or be ;
for which they may employ,
subjects of the most favoured na- in defence of their rights, such ad-
tion. vocates, solicitors, notaries, agents,
ARTICLE VII. and factors, as they may judge
The each of the con-
citizens of proper, in all their trials at law ;
trading parties shall have power and such citizens or agents shall
to dispose of their personal goods, have as free opportunity as native
within the jurisdiction of the other, citizens to be present at the deci-
by sale, donation, testament, or sions and sentences of the tribu.
otherwise ;
and their representa- nals, in all cases which may con-
tives,being citizens of the other cern them and likewise at the
;

party, shall succeed to their said taking of all examinations and evi-
personal goods, whether by testa- dence which may be exhibited in
ment or ab intestate, and they may the said trials.
take possession thereof, either by ARTSCLE IX.
themselves or others acting for The contracting parties, desiring
them, and dispose of the same at to live in peace and harmony with
their will, paying such dues only all the other nations of the earth,
as the inhabitants of the country by means of a policy, frank, and
wherein said goods are, shall be equally friendly with all, engage
subject to pay in like cases : and mutually not to grant any particu
if, in the case of real estate, the lar favour to other nations, in re
said heirs would be prevented from spect of commerce and
navigation,
entering into the possession of the which not immediately be-
shall
inheritance on account of their come common to the other party,
character of aliens, there shall be who shall enjoy the same freely, if
granted to them the term of three the concession was freely made,
years to dispose of the same, as or on allowing the same compensa-
they may think proper, and to tion, if the concession was con-
withdraw the proceeds without mo- ditional.
lestation, and exempt from all du- ARTICLE X.
ties of detraction on the part of The present Convention shall be
the government of the respective in force for the term of twelve
states. years, from the date hereof; and,
ARTICLE VIII. further, until the end of twelve
Both the
contracting parties months after the government of the
promise and engage, formally, to United States, on the one part, or
give their special protection to the the free Hanseatic Republics of
116J ANNUAL REGISTER, 1827-8-9.

Lubeek, Bremen, or Hamburg, or of our Lord one thousand eight


either of them, on the other part, hundred and twenty-seven, in the
shall have given notice of their in- fifty-second, year of the Indepen-
tendon to terminate the same ; dence of the United States of Ame-
each of the said contracting parties rica. [L. s.] H. CLAY.
reserving to itself the right of giving [L. s.] V. RUMPFF.
such notice to the other, at the end !?

of the said term of twelve years : The said Convention, and the
and it is hereby agreed between respective ratifications of the same,
them, that, at the expiration of were exchanged at Washington on
twelve months after such shall have the second day of June, one thou-
been received by either of the par- sand eight hundred and twenty-
ties from the other, this Convention, eight, by Henry Clay, Secretary
and all the provisions thereof, shall, of State o- the United States, and
altogether, cease and determine, Vincent Rumpff) Minister Plenipo-
as far as regards the States giving tentiary of the free Hanseatic Re-
and receiving such notice it being; publics of Lubeck, Bremen, and
always understood and agreed, Hamburg, near the said United
that, if one or more of the Hansea- States, on the part of their respec-
tic Republics aforesaid, shall, at tive governments.
the expiration of twelve years from
the date hereof, give or receive
notice of the proposed termination
An additional Article to the Con.
vention of the 20th December, 1827,
of this Convention, it shall, never-
between the United States of America,
theless, remain in full force and
and the Hanseatic Republics of
operation, as far as regards the re-
Lubeck, Bremen, and Hamburg,
maining Hanseatic Republics, or concluded and signed, at Washington,
Republic, which may not have
on the 4th day of June, 1828.
given or received such notice.
ARTICLE XI. The United States of America,
The present Convention being and the Hanseatic Republics of Lu-
approved and ratified by the Presi- beck, Bremen, and Hamburg, wish-
dent of the United States, by and ing to favour their mutual commerce
with the advice and consent of by affording, in their ports, every
the Senate thereof; and by the necessary assistance to their res-
Senates of the Hanseatic Repub- pective vessels, the undersigned
lics of Lubeck, Bremen, and Ham- Plenipotentiaries have further
burg, the ratifications shall be agreed upon the following addi-
exchanged at Washington within tional article to the Convention of
nine months from the date hereof, friendship, commerce, and naviga-
or sooner, if possible. tion, concluded at Washington on
In faith whereof, we, the pleni- the twentieth day of December,
potentiaries of the contracting par- 1827, between the contracting par-
ties, have signed the present Con- ties.

vention, and have thereto affixed The Consuls and Vice-Consuls


our seals. may cause to be arrested the sailors,
Done, in quadruplicate, at the being part of the crews of the ves-
city of Washington, on the twen- sels of their respective countries,
tieth day of December, in the year who shall have deserted from the
PUBLIC DOCUMENTS, [119

said vessels, in order to send them shall have the same force and value
back and transport them out of the as if it were inserted, word for word,
country. For which purpose, the in the Convention signed at Wash-
said Consuls and Vice-Consuls shall ington on the twentieth day of De-
address themselves to the courts, cember, 1827, and being approved
judges, and officers competent, and and ratified by the President of the
shall demand the said deserters, in United States, by and with the ad-
writing, proving, by an exhibition of vice and consent of the Senate
the registers of the said vessels, or thereof, and by the Senates of
ship's roll, or other official docu- the Hanseatic Republics of Lubeck,
ment, that those men were part of Bremen, and Hamburg, the ratifica-
said crews ;
and on this demand tions shall be exchanged at Wash-
being so proved, (saving, however, ington within nine months from the
where the contrary is proved,) the date hereof, or sooner, if possible.
delivery shall not be refused ; and In faith whereof, we, the under-
there shall be given all aid and as- signed, by virtue of our respective
sistance to the said Consuls and full powers, have signed the present

Vice-Consuls, for the search, additional article, and have thereto


seizure, and arrest of the said de- affixed our seals.
serters, who shall even be detained Done, in quadruplicate, at the City
and kept in the prisons of the coun- of Washington, on the fourth day
try at their request and expense, of June, in the year of our Lord one
until they shall have found opportu- thousand eight hundred and twenty-
nity of sending them back. But, if eight.
they be not sent back within two [L. s.] H. CLAY.
months, to be counted from the day [L. s.] V. RUMPFF.
of their arrest, they shall be set at
liberty, and shall be no more ar- The said additional article, and
rested for the same cause. the respective ratifications of the
It is understood, however, that if same, have, this day, been exchang-
the deserter should be found to have ed at Washington, by Henry Clay,
committed any crime or offence, his Secretary of State of the United
surrender may be delayed until the States, and Anthony Charles Caze-
tribunal before which the case shall nove, Conulof the Hanseatic Re-
be depending shall have pronounced public of Bremen, and Vice-Consul
its sentence, and such sentence of the Free Hanseatic Republic of
shall have been carried into effect. Hamburg, on the part of their res-
The present additional article pective governments.
120] ANNUAL REGISTER, 1827-8-tf.

II. FOREIGN.

CANADA.

LEGISLATURE OF NEW-BRUNSWICK.

Frederickton, N. B., Council Chamber, rience, in my administration of the


December 9, 1828.
government of this province.
This being the day appointed for Although the revenue of the pre-
the meeting of the legislature, his sent year, may not be quite equal
excellency the Lieutenant Gover- to that of the past, yet, I am hap-
nor came in state to the Council py to have it in my
power to say,
Chamber, at 2 o'clock, and opened that in this contingent fluctuation,
the session with the following which may be easily accounted
speech :
for, there is nothing to apprehend
Mr. President, and Gentlemen of for the future, and that the finan-
}

his Majesty s Council ; cial resources of the country are


Mr. Speaker, and Gentlemen of the substantially sound and unimpaired.
House of Assembly : Mr. Speaker, and Gentlemen of the
I have called you together at a House of Assembly;
season which is not, I fear, the The treasurer's accounts shall be
most convenient, in consequence you as soon as they can
laid before
of having received an intimation be prepared and I rely on your
:

from his majesty's government, making provision for the ordinary


which gave me every reason to ap- services of the province.
prehend that at a later period I I shall likewise cause to be laid
should be deprived of the pleasure before you statements drawn up
of meeting you in session, to bring by the person whom I have ap-
forward some important business pointed to examine and report upon
which I wish to recommend, in per- the expenditures of the public mo.
son, to your consideration. neys.
In furtherance of those objects, To give the fullest and surest ef-
and your deliberations for the
in fect toa measure so important, I
public good, I have no doubt that I instructed that gentleman, not only
shall continue to receive that as- to make a strict and efficient audit
sistance from your zeal, wisdom, of each and every account of ex-
and loyalty, which I have hitherto penditure for the present year, but
had the high satisfaction to expe- further to have retrospect to a pe-
PUBLIC DOCUMENTS. [121

riod at which it appeared material commercial affairs of the


country,
to commence; and to carry for- it
highly consolatory to perceive
is
ward by distinct years, a statement that the liberal grants which
you
showing the amount of appropria- have made, realized and promptly
tions in each, so as to exhibit an ac- applied as they have been to the
curate and comprehensive view of more important public works, have
the staie of the expenditure at the effected more than was contem.
present time. Referring to those plated, or could, in other times,
statements, and in due considera- have been accomplished with equal
tion of the advances and heavy ex- means.
penses which have been incurred [After recommending the agri-
on account of a yet recent calami- culture and the fisheries of the pro-
ty, Irecommend the expediency of vince, as well as the institutions of
making less liberal appropriations education and learning, to the con-
than usual, for some of the extraor- tinued protection of the legislature;
dinary and other services of the advising the erection of light hou-
country : and a rigid observance of ses on the coast, &c., his excellen-
economy, until those floating ad- cy proceeds :]
vances are redeemed. I have great satisfaction in ac-
Mr. President, and Gentlemen of quainting you that, in compliance
his Majesty 's Council ; with my representations, a measure
Mr. Speaker, and Gentlemen of the has been adopted by his majesty's
House of Assembly ; government, for completing the ar-
I am happy to acquaint you that mament of all the militia forces of
various important operations of in- this province, without any
charge
ternal improvement have made upon its local funds. I shall have
considerable advancement during occasion to communicate with you
the present year. Had those re- by special message, on some ar-
trenchments in the expenditure of rangements, relating to this impor-
the country, which I now recom- tant subject. Confident, now, in
mend, been suddenly introduced, the full efficiency of an excellent
when the late severe depression militia system, to the formation of
occurred, many of the public works which my attention has long been
then under execution must have devoted, and which you have en-
been suspended, and the country abled me to establish, by law.
subjected to great additional dis- Provided with every requisite by
tress, from the more general stag- which to render that system prac-
nations so thrown upon her inter- efficient, when necessary
tically ;

nal operations. Being enabled, by and convinced of the sentiments


a particular arrangement, to keep and spirit which would animate
those works in full activity, I deem- and inspire it for the defence and
ed it highly expedient rather to security of the country, I congra-
cause them to proceed with increas- tulate you on the perfection of a
ed spirit, than to relax in exertions measure upon which so much re-
which I perceived would be highly liance may justly be placed in the
productive, as well as in other res- day of need, and which, by a judi-
pects beneficial. The effect is cious exercise of the powers vested
apparent: and in reviewing the in me, will be lightly felt by the
past period of depression in the people, when no need is. I re-
16
122] ANNUAL REGISTER, 1827-6-9.

commend this system to your con- object of the measure ; and with
tinued support, in all its essential the extent to which New-Bruns-
provisions. wick may participate, with the other
I took an early opportunity of North American provinces, and the
bringing uisder the consideration West India colonies, generally, in
of a former assembly, the expe- a national work which it may fairly
diency of ascertaining the practi- be considered will be beneficial to
cability, and probable cost, of all.

opening a water communication In a position one of the least re-


across the narrow isthmus which mote from the parent state ; and
separates the gulf of Si. Lawrence remarkably favoured, in produc-
from the bay of Fundy. The tions as well as in localities, for

practicability of such an under- constant and mutually advantageous


%

taking has been satisfactorily as- intercourse with her, and with
certained : but it would not have other of her colonies Protected
been prudent for New-Brunswick, by her power, and free to partici-
to take the execution upon herself; pate in the benefits of her extend-
and the circumstances of those ed commerce, which she adapts
times were not altogether propi- with special regard to the interests
tious for bringing it forward on ge- of these possessions With a rich
neral grounds. But in the present and fertile soil, over which cultiva-
state of the inter-colonial trade, the tion and its attendant benefits are

accomplishment of this great pro- gradually extending their comforts


ject becomes an object of so much and their blessings or, where still
;

national importance, that I have re- in a virgin state, abounding with


commended it in the strongest valuable productions which will
manner to the paternal considera* long enable this province to con-
tion of his majesty's government, tribute to the commercial and ma-
and to the governments of the ritime greatness of the empire, and
adjoining provinces. Copies of at the same, if properly managed,

my communications on this sub- to improve her own condition and


ject, shall be laid before you. enrich herself Intersected with
Though not to be undertaken solely rivers, and other water communi-
on New-Brunswick's account, this cations, extending from near the
is a measure in which she is most centre where this capital is fast
nearly concerned, and which could rising in consideration and impor-
not proceed without your concur- tance, to every part of the sea-
rence. In the documents which board, where, at the estuaries of
have been prepared for your infor- noble rivers, a flourishing and po-
mation, you will find reason suffi. pulous city, thriving towns, and
cient to induce you to give to the dense communities, about to be-
measure, the fullest consideration ;
come such, have already arisen
and, without giving any precise Surrounded by seas, teeming with
pledge, these will incline you to af- sources of future wealth and pow-
ford whatever conditional contribu- er and not deficient, in the more
;

tion may appear to correspond unexplored recesses of her soil, of


with the particular position and other inherent resources, which at
circumstances of this province, a suitable season, it will become
viewed relatively with the general prudent and productive to develope-
PUBLIC DOCUMENTS. [123

Enjoying all the rights and privi- and transmit to your descen-
selves,
leges of British subjects, under the dants nor indulge too freely in
;

paternal government of our most the hope and expectation, that


gracious sovereign, and a wise sys- New-Brunswick shall flourish in
tem of laws, framed by yourselves, no common degree, if her inhabi-
administered at the charge of your tants continue to show that they
generous and affectionate parent know how to estimate the bless-
With capabilities of high statistical ings, and improve the advantages
value, and such as these, in pos- they possess ; and if proper
mea-
session of a hardy, loyal, indus- sures be taken by all on whom it
trious and well disposed population :- may depend to promote and secure
I hold not too them.
high the advantages
which you may secure to your-

LEGISLATURE OF NOVA-SCOTIA.
From th Halifax Royal Gazette, Feb- Mr. Speaker, and Gentlemen of the
ruary 11. House of Assembly,
On Thursday, at two o'clock, his I am happy to acquaint you that
excellency Sir Peregrine Maitland, your address respecting the dispo-
attended by his suite, went to the sal of the duties collected under
Council Chamber, and having ta- the statutes of the Imperial Parlia-
ken his seat, a message was sent ment, for regulating the colonial
to the Assembly, commanding their trade, has received the considera-
attendance ;
on their entrance, his tion of his majesty's government ;
excellency opened the session with and I doubt not you will discern in
the following speech :
the communication I am instructed
Mr. and Gentlemen of
President, to make to you, a fresh proof of
his Majesty's Council, Mr. Spea- that liberal policy towards the co-
ker, and Gentlemen of the House lonies, which prevails in his Majes-
of Assembly, ty's councils.
I have called you
together at The usual accounts and esti.
the time which best accords with mates shall be laid before you, and
the ordinary course of public bu. I trustyou will make the necessary
siness, with the desire I have felt provision for the public service.
to obtain early, for
my administra- Mr. President, and Gentlemen of
tion, the advantage of your council his Majesty's Council, Mr. Spea-
and support. ker, and Gentlemen of the House
It is a great satisfaction to me,
of Assembly,
that I can rely with confidence for
Fully sensible that it is my duty,
this constitutional aid, on that tem- as it is my inclination, to execute
per and public spirit which have the trust committed to me by my
ever been so honourable to this
sovereign with the utmost advan*
legislature, and so productive of tage to the province, it has natu-
successful consequence to its la-
rallybeen my endeavour to make
bours, myself acquainted with the general
124] ANNUAL REGISTER, 1827-8-9.

interests, and to ascertain how far extensively beneficial. A


full re-
the measures, recently
adopted by port on this interesting subject shall
the legislature, were on trial be submitted to you, so soon as the
likely
to produce the results for which commissioners in the several coun-
they were contemplated. ties shall supply the necessary de-
The fisheries have, under the tails.

encouragement you have afforded I shall freely communicate with


-them, been engaged in with spirit, you by message on all subjects
and it is hoped, with advantage to touching the public interests, as
the persons most interested in their occasions may arise ;
in the fullest
success and although I am not
; assurance, that any suggestion
yet enabled to give you all the in- which, by our labours, can be ren-
formation desirable, in regard to dered subservient to the increase of
the operation of your act for the general welfare, will not be
promoting the establishment of recommended by me to your con-
schools, it
appears to have been sideration in vain.

OPENING OF THE PARLIAMENT OF LOWER CANADA.

Quebec, November 21, 1828. province, if I did not look forward,


A little
before two o'clock his ex- with a sanguine hope, to the enjoy-
cellency the administrator of the ment of your confidence, and your
government came down in state cordial co-operation in my adminis-
from the castle of St. Louis. Be- tration of the government.
ing seated on the throne, his excel- Without a good understanding
lency opened the session in the between the different branches of
following speech : the legislature, the public affairs
Gentlemen of the Legislative of the colony cannot prosper; the
Council, evils which are now experienced,
Gentlemen of the House of As- cannot be effectually cured, the
sembly, prosperity and welfare of his ma-
His majesty having been most jesty's Canadian subjects cannot
graciously pleased to confide to be promoted and you may there-
;

me the government of this impor- fore believe that no exertions will


tant colony, it affords me great be spared on my part, to promote
satisfaction to meet you in
provin- conciliation, by measures in which
cial parliament. the undoubted prerogatives of the
Placed in a situation of so much crown, and your constitutional pri-
importance, at a period of pecu- vileges, will be equally respected.
liar difficulty, I cannot but feel that His majesty's government has,
very arduous duties are imposed however, relieved me from the
upon me duties, indeed, which I
:
responsibility attendant upon any
should despair of being able to dis- measures to be adopted for the
charge, to the satisfaction of his adjustment of the financial difficul-
majesty, and his faithful and loyal ties that have unfortunately occur-

subjects the inhabitants of this red and \ shall take an early op.
:
PUBLIC DOCUMENTS. [125

portunity of conveying to you by useful acts as may have recently


message, a communication from expired ; and, indeed, to all matters
his majesty, which I have been es- of public interest that may appear
pecially commanded to make to to be of pressing necessity and

you upon the subject of the appro- importance.


priation of the provincial revenue. Possessing, as yet, but an imper-
It will be my duty to lay at the fect knowledge of the great inte-
same time before you, the views of rests of the province, and the wants
his majesty's government upon of its inhabitants, I refrain at the
other topics, connected with the present time, from recommending
government of this province, to toyou measures of public improve-
which the attention of the ministers ment, which it will be my duty to
of the crown has been called you ; bring under your consideration at
will see in them proofs of the a future day. In all countries,
earnest desire of his majesty's go- however, good roads and other
vernment, to provide, as far as may internal communications a ge- ;

be practicable, an effectual remedy neral system of education, estab-


for any case of real grievance ; lished upon sound principles ;-
and you may rely on my affording and a well-organized, efficient mi-
you every assistance towards the litiaforce, are found to be so con-
elucidation of any questions which ducive to the prosperity, the happi-
may arise for discussion in the ness, and the security of their in-
course ef your proceedings. habitants, that I may be permitted
Gentlemen of the, House of Assem- to mention them, at present, as ob-
%, jects of prominent utility.
I shall direct the accounts of the But an oblivion of all past jea-
provincial revenue, and expendi- lousies and dissentions is the first
ture of the last two years, to be great step towards improvement of
laid before you, as soon as possi- any kind and when that is happily
;

ble, with
every explanation re- accomplished, and the undivided
specting them, which it is in my attention of the executive govern-
power to afford you. ment, and the legislature, shall be
Gentlemen of the Legislative given to the advancement of the
Council, general interests of the province,
Gentlemen of the House of Assem- in a spirit of cordial co-operation,
Uy, there is no reason to doubt that
Relying on your zeal and dili- Lower Canada will rapidly advance
gence in the discharge of your le- in prosperity ; and emulate, ere
gislative duties, 1 feel persuaded long, the most opulent and flourish-
that you will give your immediate
ing portions of the North American
attention to the renewal of such continent.

PARLIAMENT OF LOWER CANADA.


Legislative Council Chamber, lowing message from his excellen-
Friday, Nov. 28th. cy the administrator in chief.
Lieutenant Colonel Yorke, civil MESSAGE.
secretary, brought down the fol- James Kempt. His excellency
126] ANNUAL REGISTER, 1827-8-9.

the administrator of the govern- his majesty's government have pre


ment avails himself of the earliest scribed to his excellency the limits
opportunity of conveying to the within which his communications
legislative council the following to the legislature on this mailer are
communication, which he has re- to be confined.
ceived king's commands to
the His excellency is commanded
make to the provincial parliament. by his majesty to acquaint the le-
In laying the same before the le- gislative counsel, that the discus-
gislative council, his excellency is sions which had occurred some
commanded by his majesty to state, years past between the different
that branches of the legislature of this
His majesty has received too province respecting the appropria-
many proofs of the loyalty and at- tion of the revenue, have engaged
tachment of his Canadian subjects, and
his majesty's serious attention,
to doubt their cheerful acquies- that he has directed careful en-
cence in every effort which his quiry to be made, in what man-
majesty's government shall make to ner these questions may be adjust-
reconcile past differences, and he ed with a due regard to the pre-
looks forward to a period, when by rogative of the crown, as well as
the return of harmony, all branches to their constitutional
privileges,
of the legislature will be able to and to the general welfare of his
bestow their undivided attention on faithful subjects in Lower Canada.
the best methods of advancing the His excellency is further com-
prosperity, and developing the re- manded to state, that the statutes
sources of the extensive and valua- passed in the 14th and the 81st
ble territories comprised within his years of the reign of his late
majesty's Canadian provinces. majesty, have imposed upon the
With a view to the adjustment lords commissioners of his ma-
of the question in controversy, his jesty's treasury, the duty of appro-
majesty's government has commu- priating the produce of the revenue
nicated to his excellency Sir James granted to his majesty by the first
Kempt its views on different o of these statutes ;
branches of this important subject ;
o and thai, whilst the
but as the complete settlement of law shall continue
the affairs of the province cannot unaltered by the
be effected but with the aid of the same authority by which it was
imperial parliament, the instruc- framed, his majesty is not autho-
tions of his excellency are at pre- rized to place the revenue under
sent confined to the discussion of the control of the legislature of
points alone, which can no longer this province.
be left undecided without extreme The roceeds of the revenue
disadvantage to the interests of the CO CO CO arising from the act of
province. the imperial parliament,
Among the most material of these 14 Geo. 3. together with
points, the first to be adverted to, the sum appropriated by
is, the proper disposal of the finan- r-l CO the provincial statute 35
cial resources of the country ; and Geo. 3. and the duties levied under
with the view of obviating all future the provincial statutes 41 Geo. 3.
misunderstanding on this matter, cap. 18 and 14, may be estimated
PUBLIC DOCUMENTS. [137

for the current year, at the sum of which the amount of the crown re-
3,700. venues above mentioned may prove
The produce and casual and ter- inadequate) may require.
ritorial revenues of The balance in the hands of the
the crown and of fines receiver general, which is not
w
tf s and forfeitures may placed by law at the disposal of
be estimated for the the crown, must await the appro-

g 3 same period at the priation which it may be the plea-


s
2 .S sum of sure of the provincial legislature to
3,400.
Ttiese several sums, make.
making together the sum of His excellency is further com-
38,100, constitute the whole esti- manded by his majesty to recom-
matad revenue arising in this pro- mend to the legislative council, the

vince, which the law has placed at enactment of a law, for the indem-
the disposal of the crown. nity of any persons who have here-
His majesty has been pleased to tofore, without authority, signed or
direct that from this collective re- acted in obedience to warrants for
venue of 38,100, the salary of the the appropriation to the public ser-
officers administering the govern- vice of any appropriated moneys of
ment of the province, and the sala- this province : And his majesty
ries of the judges, shall be defrayed. anticipates that they will, by an
But his majesty being graciously acquiescence in this recommenda-

disposed to mark, in the strongest tion, show that they cheerfully con-
manner, the confidence which he cur with him in the efforts which
reposes in the liberality and affec- he is now making for the establish-
tion of his faithful provincial par- ment of a permanent good under-
liament, has been pleased to com- standing between the different
mand his excellency to announce branches of the executive and le-
to the legislative council, that no gislative government.
farther appropriation of any part The proposals which his excel-
of this revenue will be made until lency has been thus instructed to
his excellency shall have been ena- make for the adjustment of the
bled to become acquainted with their pecuniary affairs of the province,
sentiments, as to the most advanta- are intended, to meet the difficul-
geous mode in which it can be ap- ties of the ensuing year, and he

plied to the public service ; and it trusts they may be found effectual
will be gratifying to his majesty, if for that purpose.
the recommendation made to the , His majesty has however fur-
executive government of the pro- ther commanded his excellency to
vince on this subject, shall be such acquaint the legislative council, that
as it may be able with propriety, a scheme for the permanent set-
and with due attention to the inte- tlement of the financial concerns
rest and the efficiency of his ma- of Lower Canada, is in contempla-
jesty's government, to adopt. tion,and his majesty entertains no
His majesty fully relies upon the doubt of such a result being attain-
liberality of his faithful provincial able as will prove conducive to the
parliament, to make such further general welfare of the province,
provision as the exigencies of the and satisfactory to his faithful Ca-
public service of the province (for nadian subjects.
128] ANNUAL REGISTER, 1827 -9,

The complaints which have majesty's treasury for the amount


reached his majesty's government, of his receipts.
respecting the inadequate security His excellency is further in-
heretofore given by the receiver structed to acquaint the legislative
general and by the sheriffs, for the council, that although it was found
due application of the public mo- necessary by an act passed in the
neys in their hands, have not es- last session of the imperial parlia-

caped the very serious attention of ment, 9 Geo. IV. cap. 76, sec.
the ministers of the crown. 26, to set at rest doubts which had
It has appeared to his majesty's arisen, whether the statute for re-
government that the most effec.tual gulating the distribution between
security against abuses in these de- the provinces of Upper and Lower
partments, would be found in enfor- Canada, of the duties and customs
cing in this province, a strict adhe- collected at Quebec, had not been
rence to a system established under inadvertently repealed by the ge-
his majesty's instructions in other co- neral laws of a later date, his ma-
lonies, for preventing the accumula- jesty's government have no desire
tion of balances in the hands of that the inteference of parliament

public accountants, by obliging them in this matter should be perpetuated,


to exhibit their accounts to a com- if the provincial legislatures can
petent authority, at short intervals, themselves agree upon any plan
and immediately to pay over the as- for a division of these duties which
certained balance into a safe place may appear to them more conve-
of deposite ; and in order to ob- nient and more equitable ; and on
viate the difficulty arising from the the whole of this subject, his ma-
want of such place of deposite in jesty's government will be happy
Lower Canada, his excellency is to receive such information and as-
authorized to state that the lords sistance as the legislative council
commissioners of his majesty's and assembly of this province may
treasury will hold themselves re- be able to supply.
sponsible to the province for any The appointment of an agent in
sums which the receiver general or England to indicate the. wishes of
sheriffs may pay over to the com- the inhabitants of Lower Canada,
missary general, and his excellen- appearing an object of great solici-
cy is instructed to. propose to the tude with the assembly, his majes-
legislative council, the enactment ty's government will cheerfully ac-
of a law, binding those officers to cede to the desire expressed by
pay over to the commissary gene- the house of assembly upon this
ral such balances as, upon render- head provided that such agent be
;

ing their accounts to the compe- appointed, as in other British colo-


tent authority, shall appear to be nies, by name, in an act to be
remaining in their hands, over and passed by the legislative council
above what may be required for and assembly, and approved by the
the current demands upon their executive government of the pro-
respective offices; such payments vince ; and his majesty's govern-
being made on condition that the ment are persuaded that the legis-
commissary general shall be bound lature will not make such a selec-
on demand to deliver bills on his tion as to impose on the govern-
PUBLIC DOCUMENTS. [129

<of rejecting the bill on the ground townships. Regulations affecting


of any personal objection to the matters of this nature can
obviously
proposed agent. be most effectually made by the
His majesty's government is fur- provincial legislature ;
and his ex-
ther willing to consent to the abo- cellency is commandedto draw the
lition of the office of agent, as it is attention of the legislative council
at present constituted ;
but it is to these subjects, as matters re-
trusted that the liberality of the quiring their early and most serious
house of Assembly will indemnify attention.
the present holder of this office, In conclusion, his excellency has
to whose conduct in that capacity been commanded to state, that his
no objection appears ever to have majesty relies for an amicable ad-
been made ; indeed, without some justment of the various questions
adequate indemnity being provided which have been so long in dis-
for him, it would not be compatible
pute, upon the loyalty and attach-
with justice, to consent to the im- ment hitherto evinced
by his ma-
mediate abolition of his office. jesty's Canadian subjects, and on
His majesty's government being that of the provincial parliament ;
very sensible of the great incon- and that his majesty entertains no
venience which has been sustain- doubts of the cordial concurrence
ed, owing to the large tracts of of the legislative council, in all
land which have been suffered to measures calculated to
promote the
remain in a waste and unimproved common good, in whatever
quarter
condition, in consequence of the such measures may happen to ori-
neglect or poverty of the grantees, ginate.
it has
appeared to his majesty's
government that the laws in force RESOLUTIONS
in Upper Canada, for laying a tax
the House of Assembly, in answer
upon wild land, on which the set- Of
tlement duties had not been per- to the foregoing Message.

formed, should be adopted in this 1 . That this house has derived

province ; and his excellency is in- the greatest satisfaction from the
structed to press this subject on the gracious expression of his majes-
attention of the legislative council ty's beneficent views towards this
with that view. province, and from the earnest de-
The attention of his majesty's sire of his excellency, the adminis-
government has also been drawn trator of the government, to pro-
to several other important topics ; mote the peace, welfare, and good
among which may be enumerated government of the province, as
:

The mischiefs which are said to evinced in his excellency's mes-


result from the system of tacit sage of Friday last.
mortgages effected by a general ac- 2. That this house has, never-
knowledgment of a debt before a theless, observed with great con-
notary the objectionable and ex- cern, that it may be inferred from
;

pensive mode of conveyancing said the expression of that part of the


to be in use in the townships; the ne- said message which relates to the
cessity of a registration of deeds appropriation of the revenue, that
;

and the want of proper courts for the pretension put forth at the com-
the decision of causes arising in the mencement of the late administra-
17
130J AMVL'AL REGISTER, 1827-S-9

lion to the disposal of a large por- the interests and efficiency of his
tion of the revenue of this province, government, this house will most
may be persisted in. respectfully consider any estimate
3. That under no circumstances, for the necessary expenses of the
and upon no considerations what- civil government for the ensuing

soever, ought this house to aban- year, which may be laid before it,
don, or in any way compromise, its confidently trusting, that in any
inherent and constitutional right, such estimate a due regard will be
as a branch of the provisional par- had to that economy which the pre-
liament representing his majesty's sent circumstances of the country
subjects in this colony, to superin- and its other wants require.
tend and control the receipt and 7. That oh the permanent set-

expenditure of the whole public tlement before mentioned being ef-


revenue arising within this pro- fected, wjth the consent of this
vince. house, it will be expedient to ren-
4. That any legislative enact- der the governor, lieutenant go-
ment in this matter by the parlia- vernor, or^any person administering
ment of the united kingdom, in the government, for the time being,
which his majesty's subjects in the judges and executive council-
this province are not and cannot lors, independent of the annual vote
be represented, unless it were for of this house, to the extent of their
the repeal of such British statutes, present salaries.
or any part of British statutes, as 8. That although this house feels

may be held by his majesty's go- most grateful for the increased se-
vernment to militate against the curity against the illegal applica-
constitutional right of the subject tion of the public money which
in this colony, could in no way tend must result from his majesty's go-
to a settlement of the affairs of the vernment referring all persons who
province. may have been concerned in such
5. That no interference of the application to an act of indemnity
British legislature with the esta- to be consented to by this house, it
blished constitution and laws of will be inexpedient to consent to
this province, excepting on such any such enactment, till the full
points as from the relation between extent and character of such illegal
the mother country and the Ca- application may have been fully in.
nadas can only be disposed of by quired into and considered.
the paramount authority of the 9. That this house feels the
British parliament, can in any way most sincere gratitude for his ma-
tend to the final adjustment of any jesty's solicitude to effect the most
or ^misunderstandings
difficulties perfect security against the recur-
which may exist in this province, rence of abuses on the part of per-
but rather to aggravate and per- sons intrusted with public moneys
petuate them. in this province.
6. Thatin order to meet the 10. That this house has not com-
of the ensuing year, and
difficulties plained, nor have any complaints
to second the gracious intentions been made known to it, respecting
of his majesty for the permanent the arbitration for the distribution
settlement of the financial concerns between the provinces of Upper
of the province, with due regard to ment the painful and invidious duty
PUBLIC DOCUMENTS. [131

and Lower Canada of the duties hereafter result, from the manner
collected in Lower Canada but in which the powers and
; superin-
that in this, as in every other re- tendence of the cvownl in the most
spect, this house will most cheer- essential particular as effecting the

fully co-operate inevery equitable general prosperity of the province,


and constitutional measure which may have been exerted.
may be submitted to it as desira- 14. That it is the desire of this house
ble by the inhabitants of Upper to take as speedily as possible every
Canada. measure in its power, that the inhabi.
11. That thishouse has seen tants of the townships, upon a subdi-
with sentiments of the highest sa- vision of the counties in which they
tisfaction and gratitude, the decla- are situated,by act of the provincial
ration of the willingness of his ma- parliament, shall have a full and
jesty'sgovernment cheerfully to equitable representation in this
accede to the desires which the house, of persons of their own free
assembly has so frequently expres- choice ; and that the house will
sed during the last twenty years, of cheerfully concur in every mea-
having an agent in England to in- sure which may appear to be most
dicate the wishes of the inhabitants desirable to their inhabitants, and
of Lower Canada ; and that it is most conducive to the general Wel-
expedient to for such an fare.
provide
appointment without delay. 15.That this house is fully sen-
12. That so soon as the scheme sibleof the distinguished mark of
in contemplation of his majesty's confidence reposed in the loyalty
government for the permanent set- and attachment hitherto evinced
tlement of the financial concerns by his majesty's Canadian subjects
of the province shall have been and their representatives in the
made known and considered, it
provincial parliament, by his ma-
may be expedient to provide some jesty's declaration that he relies on
adequate indemnity to such per- them for an amicable adjustment
sons as were placed on the civil es- of the various questions which have
tablishment of this province with been so long in dispute.
salaries prior to the year 1818, 16. That amongst these ques*
and whose offices may have been tions not particularly mentioned on
found to be unnecessary, or require the present occasion, this house
to be abolished. holds as most desirable to be adjust-
13. That this house will cheer- ed and most essential to the future
fully consent in any measure which peace, welfare, and good govern-
may appear most likely to be suc- ment of the province, viz.:
cessful in effectually removing the The independence of the judges,
great inconvenience which has and their removal from the political
been sustained from the non-per- business of the province.
formance of the duties of settle- The responsibility and accounta^
ment by grantees or holders of land bility of public officers.
obtained from the crown, and A greater independence of sup-
otherwise remove the obstructions port from the public revenue, 'and
to the settlement of the country more intimate connexion with the
which may have resulted, or may interests of the colony* in th^
182] ANNUAL REGISTER, 1827-8-9.

composition of the legislative coun- tioned against by the subjects in


cil. this province, thereby assuring to
The application of the late pro- all the invaluable benefit of an im-

perty of the Jesuits to the purpose


and constitu-
partial, conciliatory
of general education. tionalgovernment, and restoring a
The removal of all obstructions well-founded and reciprocal confi-
to the settlement of the country, dence between the governors and
particularly by the crown and the governed.
clergy reserves remaining unoccu- That an humble address be pre-
pied in the neighbourhood of roads sented to his excellency the admi-
and settlements, and exempt from nistrator of the government, with
the common burthens ;
a copy of the foregoing resolu-
And a diligent inquiry into, and tions, humbly praying that he would
a ready redress of, all grievances be pleased to submit the same to
and abuses which may be found to his majesty's government in Eng-
exist, or which may have been peti- land.

LEGISLATURE OF UPPER CANADA.


York,U.C. Majesty's faithful Canadian sub-
His Excellency addressed both jects ;
and the public good
I trust, if

Houses of the Provincial Parlia- be exclusively and diligently con-


ment in the following Speech : sidered, in the exercise of your im-
portant functions, that those ends
Honourable Gentlemen of the Legis- will be assured, and that the bene-
lative Council, and Gentlemen of ficial effects of your proceedings
ike House of Assembly. will soon be apparent in every part
At the time of my assuming the of the province.
government which his Majesty has Gentlemen of the House of Assembly.
been pleased to commit to my I have ordered the estimates of

charge, I was desirous of meeting the present year, and the public
you in provincial parliament at an accounts, to be laid before you.
earlier period than the- present but : The commands of his majesty
the interests of the country have that have relation to the several
been best consulted by convening addresses of the House of Assem-
you at a season when little embar- bly of the last parliament, shall be
rassment, or inconvenience, can be communicated to you.
experienced in any district, from Honourable Gentlemen, and Gentlemen^
your being called to your legisla- The laws that are about to expire
tive duties. will require your consideration.
In recommending your immediate The repeal of the " An
act, entitled,
and earnest attention to be directed act for Pro-
better securing this
to affairs that are closely connected vince," &c. passed in the 44th year
with the welfare of the colony, I of the late king, is, I think, advi-
must remark, that no surer proofs sable, as it seldom can be applied
of your vigilance and judgment can to cases which it was intended to
be adduced, than the prosperity, meet.
happiness and contentment of his The report of the arbitrators on
PUBLIC DOCUMENTS. [138

the part of Upper and Lower Cana- suaded that some better expedient
da, for ascertaining the proportion than statute labour must be resort,
of duties to be paid to this province, ed to for maintaining the roads in
has been transmitted to me and it;
a proper state.
must be satisfactory to you to be The sums expended on the useful
informed, that on that question, an works now in progress, circulate in
equitable arrangement has taken their natural channels, remain in
place. the province, enrich it, and promote
The public schools are general- industry. On the extent of protec-
ly increasing, but their present or- tion and encouragement afforded
ganization appears susceptible of to projects of this kind and on ;

improvement. your being prepared, by means of


Measures will be adopted, I hope, the essential aid of well organized
to reform the Royal Grammar institutions, for the reception and
School, and to incorporate it with location of every description of set-
the university recently endowed by tler,the agricultural interests of
his majesty, and to introduce a sys- the colony, and the advance of its
tem in that
seminary that will open commerce, will be found chiefly to
to the youth of the province the depend.
means of receiving a liberal and ex-
tensive course of instruction. Un- GENERAL ORDERS.
ceasing exertion should be made to Horse-Guards, July 18, 1829.
attract able masters to this country, His majesty, being desirous to
where the population bears no pro- encourage officers to become set-
portion to the number of officers and tlers in the British North American
employments, that must necessarily provinces, is pleased to command
be held by men of education and that grants of land, in the propor-
acquirements, for the support of the tions undermentioned, shall, on the
laws, and of your free institutions. recommendation of the general
The expense already incurred in commanding be made to
in chief,
carrying on the works in the Gore those officers who may be induced
and Niagara districts has been con- to avail themselves of the offer,
siderable, but few will regret that viz.
they have been undertaken. Such Acres.
enterprises can, at first, be seldom Lieutenant-colonel, - - 1200
It is obvious, 1000
duly appreciated.
however, that the value of the pro-
Major,
Captain, ------ 800
ductions of your soil can never be Subaltern, 500
known, unless you have canals, subject always to the conditions of
and good internal communications, actual residence, and cultivation of
to facilitate your commercial in- the land assigned, within a limited
tercourse with the vast empire of period.
which you form a part. Officers who shall propose to
From the observations of the De- settle in the British provinces of
puty Post-Master-General at Que- North America, will, if of a proper
bec, to which I shall draw your at- age, and if their service shall be
tention, respecting the impossibili- considered as entitling them to the
ty of forwarding the mails with ei- indulgence, be permitted to
dis-
ther expedition or safety, I am per- pose of their commissions and
in ;
134J ANNUAL REGISTER, 1827-8^9.

order that his majesty's govern- mitted by the governor or officer


ment may have security for the
full commanding in the province, that
appropriation to the intended pur- the officer is actually settled.
pose of the sums produced by such The reserved money will then be
sale, it is his majesty's command, paid to him.
that the agent, to whom the pur- By command of the right hon-
chase money is paid, shall be in- ourable, the .general commanding
structed to retain in his hands one in chief.
third of the amount in each case, HERBERT TAYLOR, Adj. Gen.
until a certificate shall be trans-

MEXICO.

Speech of citizen Guadeloupe Victoria, President of the Mexican United


States, delivered in the hall of the Congress of the Union, at the regular
session, May 21, 1828.

Citizens Representatives and Senators The cry of universal indignation


of the Congress of the Union: drowned that of the discontented,
At the beginning of this year, and they plunged themselves intothe
and of the second term of the con- abyss which they had endeavour-
gress of the union, the republic ex- ed to open for their country. The
perienced a crisis, and the institu- government did not alter its course,
tions to which we had pleged our and public spirit being confirmed
oath, and which the people has by the triumphs of the cause of
maintained, were exposed to a liberty, the congress and the execu-
violent attack. The Mexican na- tive were able to devote them-
tion achieved its liberty by great selves to the exact discharge of
efforts, confirmed its independence their duties, as soon as they had
by means of costly sacrifices, and fulfilled the sacred and important
felt secure that if danger threat- one, of giving domestic peace to
ened, would be fearlessly met, in
it the republic.
defence of a system which places The very efforts which were
our country on a level with the made to disturb the public order,
most refined and fortunate nations. only served to give it more stabili-
Events have proved the justness of ty, -and there is no corner in the
this anticipation. the unani-By vast extent of the United Mexican
mous expression of opinion, the States, which does not fully en-
project of a revolution was con- joy it.

demned, and anarchy saw its vain During the session, the treaty of
hopes dissipated, and became con- boundaries between this republic
vinced of its own impotence. The and the United States of North
people, the congress, the govern- America has been approved, and
ment, saved the constitution, saved by the govern-
after being ratified
the political existence of the great ment, has been sent for an ex-
Mexican nation. change of ratifications to our 034
PUBLIC DOCUMENTS, [1S5

nister plenipotentiary in that coun- cutive,which has further given the


try. 1 lie treaty of amity, naviga- necessary directions for its being
tion, and commerce, with the same
carried into effect.
nation, has been discussed in the The public treasury, in conse-
representatives' chamber, and quence of the changes in the new
when it shall obtain the approba- tariff of maritime customs, which
tion of the general congress, will retards the receipt of the duties for
strengthen the liberal harmony ninety days more than before, has
which now subsists between the suffered some falling off, which has
two nations. The proper exequa- been inert ased by the schemes of
tur has been granted to the con- speculators. Notwithstanding, no
suls named by that government for diminution is remarked in the ar-
our ports of Campeche and Ma- rivals of vessels in our ports ; and
zatlan. our domestic markets, in the midst
The minister plenipotentiary of of the commercial changes that
the republic of Colombia, having have occurred, afford a fair profit
fulfilled the most important objects for the goods consumed, and in-
of his mission to his government, vite speculators to new enter-
has presented his letters of recall, prises.
and taken leave. Happily, the chief part of our at-
The treaties of union, league, tention has hitherto been occupied
and perpetual confederation, con- in the interior of the republic; and
cluded at Panama between the ple- if the government has until now

nipotentaries of the American re- given itself much anxiety to attend


publics, have been examined by with the fidelity and promptitude
the chamber of representatives, which the national honour demands,
and I confidently hope that the to the loans of foreign houses, we

congress will devote its first la- may now be assured that the firm
bours to the conclusion of a mat- determination of the government,
ter, which has excited the attention seconded harmoniously by the in-
of the world. defatigable zeal and activity of the
The general congress having congress, will accomplish the ob-
approved ^>f the treaty of amity, ject in view. To this end, the eighth
navigation, and commerce, with his part of the receipts of the maritime
majesty the king of the Nether- ports is appropirated, and this
lands, it has been forwarded for return will produce an alleviation,
the exchange of ratifications. An so that the interruption that has
exequatur has also been granted been suffered in the operation of
for a commission of Mexican con- the sinking fund and the payment
sul, executed by the president of of dividends will cease.
the Swiss Diet in favour of Senor The executive has also trans-
Carlos Lavater. mitted to the two chambers pro-
The law for the naturalization jects of a law whereby the pay-
of foreigners, which the best inte- ment will be expedited, so that we
rests of the republic have so
long shall be able to repeat the evidence
demanded, has been passed in the of that good faith which charac-
session which is now concluded terizes the Mexican nation.
;
The
it has also been
signed by the exe- urgency of these duties demands,
136] ANNUAL REGISTER, 1827-b-9.

gentlemen, that your time of re- Should the odious Spanish flag
laxation should be very short. appear in sight of our ports, or
The administration of justice should the enemy presume to tread
in the tribunals of the federation, upon our shores, they will be hum-
and in those of the districts and terri- bled and overthrown. You have
tories,has occasioned among you given power to the executive the ;

important and luminous discussions. people offer their arms and their
You doubtless, complete your
will, fortunes. A great people is invin-
work, which is one truly worthy of cible when it is determined to bo
the national gratitude. The exe- free.
cutive will use its exertions, as it You retire, fellow citizens, only
has hitherto done, to introduce all to return to the task which the na-
possible regularity into this depart- tion has imposed upon you as a
ment, and to supply the defects of duty, and has given you as a law.
the existing law. The law regula- Your country owes you much ; re-
ting the proceedings against va- tire with the satisfaction of having

grants, visibly operates to improve done her service.


public morals, and to preserve them
from the attacks continually made Decree of the Legislature of Mexico.
upon them by the idleness of this Art. 1. Spaniards who capitula-
class of men ; and the government ted, whatever be the terms of their
hopes soon to see united, by this capitulation, and other Spaniards
provision, the honour and the spirit mentioned in the ] 6th article of the
of the republican system. treaty of Cordova, shall leave the
Our ecclesiastical affairshave territory of the republic within the
hitherto been somewhat embarrass- term the government may fix, not
ed for want of convenient arrange- exceeding six months.
ments with the apostolic see, but Art. 2. Those, notwithstanding
they will soon be regulated upon their capitulations, may depart, or
a basis established by the general may remain, who, Istly, are mar-
congress. The executive has en- ried with Mexicans 2dly, who have
;

deavoured form his instructions


to children here that are not Spanish;
to the newly nominated minister to 3dly, widowers who hav*e children
Rome, in exact accordance with that are not Spanish ; 4thly, who
this basis. are sixty years of age ; 5thly, who
The army preserves its former suffer from any durable physical
system, equipment, and discipline. impediment ; 6thly, those who by
The national marine has harrassed their capitulations, may remain in the
the enemy on the coasts of Cuba, republic.
and the brigatine Guarrero was Art. 3. All Spaniards,who, since
lost in a combat of immortal glory the declaration of independence,
for the Mexicans. You, gentle- have entered secretly, or unlaw-
men, have displayed the national fully, shall leave the territory of
gratitude to the brave defenders of the republic within the term which
the flag of the republic, and the the government may fix.
whole nation has resolved on the Art. 4. In like manner, those
construction of another ship that shall depart, within the term the
and be the
shall maintain our glory government may designate, who
avenger of our injuries. have entered since the same pfc-
PUBLIC DOCUMENTS. [137

riod, with passports, provided they the governors shall have qualified
have not obtained letters of natura- any Spaniard as notoriously disaf-
lization or citizenship. fected, the government shall order
Art. 5. Also, the Spanish cler- him to leave the federation within
gy, who are not comprized in the the term fixed upon for that
pur-
4th and 5th exceptions of the se- pose.
cond article. Art. 9. The transportation of the
Art. 6. Spaniards of every class, Spanish clergy who may leave the
who are notoriously disaffected to- territory, shall be paid out of the
wards independence, and the es- funds of their order.
tablished system of government, Art. 10. To such of the capitu-
shall depart from the territory of lated as receive no pay from hold-
the republic within the term which ing a civil or military office, the
the government may designate, government shall order to be given
carrying with them their effects, out of the public fund, what it may
paying the established exportation esteem just for their removal from
duties. the territory of the federation.
Art. 7. Those Spaniards shall Art. 11. The expenses of civil
be considered notoriously disaffect- and militaryofficers shall be paid
ed toindependence, and the at the cost of the federation, to
existing form of government, who, the place which the government
Istly, have returned to the republic, may designate ; and, moreover^
after having emigrated at the time one year's pay shall be given them
of the establishment of indepen- at the time of their embarkation.
dence, or of the adoption of the Art. 12. To the
Spanish ecclesi-
federal republican form of govern- astics in employment shall be
ment ; 2dly, who may be regarded given, at the time of their embar-
as suspicious, on account of ser- kation, the sum which the govern-
vices done to the Spanish govern- ment may determine, correspond-
ment, contrary to the independence ing to one year's income, and,
of the nation an.d those who, al-
; also, the expenses of transporta-
though positively decided in its tion.
favour, have obstinately propagated Art. 13. All Spaniards expelled
sentiments in favour of a constitu- in virtue of this law, shall have
tional monarchical system, and of power to return to the republic,
inviting to the throne any foreign and enjoy their offices, after Spain
prince ; 3dly, those who have been has recognised its independence.
expelled from any of the states, Art. 14. The discretionary pow-
by virtue of laws passed by their ers which this law embraces,
respective legislatures. shall be understood as granted for
Art. 8. The governors of the six months only, counting from the
states shall determine the qualifi- publication of it.
cations to which the preceding Art. 15. After the publication of
article refers, respecting Spaniards this law, all the movements which
that are subjects of the states : the have been made, with the view of
general government, notwithstand- expelling the Spaniards, shall be
ing, having power to judge of consigned to oblivion so that, on
;

them in regard to such as inhabit this account alone, none of those


any part of the republic. When who have been the authors of them,
18
ANNUAL REGISTER, 1827-8-9.

or who have co-operated in their 4. Within one month alter the


execution, shall be molested, sav- publication of this law, the persons
ing always the rights of mediation. embraced in the preceding article,
will present to the government,

EXPULSION OF THE SPANIARDS. either personally or by proxy,

PROCLAMATION. through the medium of the secreta-


ry of foreign relations, the docu-
TJie president of the United Mexican ments which prove their title to
States to the inhabitants of the
exception.
Republic. 5. Spaniards who do not depart
Be known, that the general con-
it within the time prescribed, will be
gress have enacted the following punished by six months imprison-
decree : ment in a castle, and afterwards
1. AllSpaniards who reside in sent away, in the manner of those
the interior states or territories of who returned to the republic du-
the Oriente and Occidente [east ring the war with Spain.
and west], the territories of high 6. The government will report
and low California and New Mexico, to congress, every month, concern-
shall, within a month after the pub- ing the execution of this law.
lication of this law, quit the state or 7. Those who, in the opinion of
territory in which they reside, and the government, cannot pay the
within three months the republic. expense of their journey and voy-
Those residing in the intermediate age, shall have it paid at the charge
states and territories, and the fede- of the federation, to the nearest
ral district, shall quit the state, ter- port of the United States of the
ritory, or district of their residence, North the government to proceed
within one month, and two months according to the strictest econo-
the republic and those residing in
:
my.
the maritime states of the gulf of 8. In the same manner the jour-
Mexico, shall depart from the re- ney and voyage of such religionists
public within one month from the as the funds of the province [of
publication of this law. convents,] or convent, to which
2. By Spaniards are intended they belong are incompetent to pro-
those born in countries now under vide for shall be paid at the public
the dominion of the king of Spain, expense.
and the children of Spaniards born 9. The government will make due
at sea. [This last clause, we un- signification to the Spaniards who
derstand, was introduced to effect are entitled to remain in the republic :
the expulsion of certain persons, but they cannot afterwards establish
from whose presence the govern, themselves on the coast the govern-
:

ment was anxious to be relieved.] ment being at liberty to compel


Those born in Cuba, Porto ^ico, those who now reside there to retire
and the Philippines, are alone ex- into the interior, in case of a threat-
cepted. ened invasion.
3. From
the provisions of the 10. The Spaniards who receive
are excepted, 1. Those
first article, pension, (a stipend from the govern-
physically impeded, so long as the ment orecclesiastical benefice,) will
impediment exists. 2. The children have the share which of right be-
of Americans. longs to them, if they establish
PUBLIC DOCUMENTS. [139

themselves in any of the friendly His excellency enjoins that this


republics or nations, on notice
of law be "printed, published, circula-
such residence being given by the ted, and promptly obeyed." To
consuls of this republic but not if such as have not the means of de-
they remove to countries governed fraying their travelling expenses to
the port of embarkation, the rate
by the king of Spain.
11. The law of the 20th Decem- of allowance is from fitty cents to
"
ber, 1 827, is repealed, except the ar- a dollar a league, according to the
ticle which prohibits the introduction distances and the class and rank of
of Spaniards and subjects of the Spa- each individual." The expenses
nish government into the republic. by water are te be regulated by the
FRANCISCO DEL MORAL, commissaries of the ports under the
President of the ch. of dep. general instruction to exercise the
Joss FARRERA, strictest
economy.
Vice-President of the senate. of the Fede,
[Dated at the palace
Jose J. B. Ibanes, ral Government, Mexico. March
Secretary ch. deputies. 20th, 1829.]
Ant. Maria de Esnaurizar,
Secretary of the senate.

COLOMBIA.
TREATY OP PEACE BETWEEN THE REPUBLIC OF COLOMBIA AND f HK
REPUBLIC OF PERU; CONCLUDED SEPTEMBER 22o, 1829.

la the name of God, the author the said republic, who, after having
and legislator of the universe :
exchanged their full powers, and
The republic of Colombia and finding them in good and sufficient
the republic of Peru, sincerely form, have agreed on the following
desiring to put an end to the war articles :

in which they: have seen them- Art. 1.There shall be a perpetual


selves placed by fatal circum- and inviolable peace, and constant
stances, which have prevented to and perfect friendship, between
both the friendly settlement of the republics of Colombia and Peru,
their differences, and now finding so that hereafter, it shall not be
themselves happily in the condition lawful for either of them to commit
of being able to effect it, and to or tolerate, directly or indirectly,
establish at the same time more the commission of any act of hos-
intimate and cordial relations, both tility against their people, citizens
nations have constituted and nam- and subjects, respectively.
ed their ministers plenipotentiary, Art. 2. Both contracting parties
that is to say his excellency, the
: bind themselves and promise so-
Liberator, president of the republic, lemnly to forget all the past, en
has appointed Pedro Sual, citizen deavouring to remove every mo-
of the same, and his excellency tive of disgust which the disagree,
the president of Peru has appointed ments which have happily termi-
D. Jose Lama y Loerdo, citizen of nated, may recall to promote their
;
140J ANNUAL HEGISTER, 1827-8-9.

mutual well-being, and to contri- may contribute to fix the dividing


buteto their security and good line in a manner more natural,
name by every means in their exact and proper for avoiding com-
power. petition and difference between the
Art. 3. Neither of the contract- inhabitants and authorities of the
ing'parties will permit the passage frontiers.
through their territory, nor lend Art. 6. In order to obtain this
aid of any kind, to the enemies of last result as briefly as possible, it

the other ; but, on the contrary, will has been agreed, and is here ex-
employ their good offices, and even pressly agreed, that a commission
their mediation, if necessary, for composed of two individuals from
the re-establishment of peace each republic shall be appointed by
whenever hostilities may break out both governments, which shall
with one or more powers, not per- examine, rectify and fix the divi-
mitting in the meanwhile an en- ding line conformably to the stipu-
trance in the ports of either repub- lation in the previous article. This
lic to the privateers and
prizes commission shall place, with the
which the said enemies may make consent of its respective govern-
from the citizens of Colombia and ments, each one in possession of
Peru. the parts belonging to it, in proper-
Art. 4. The military forces in tion as it marks out and recognises
the department of the south of the said line, commencing from the
Colombia and in those of the north River Tumbes in the Pacific ocean.
of Peru, shall be reduced, upon the Art. 7. It is also stipulated be-
ratification of the present treaty, to tween the contracting parties, that
the footing of peace, so that, here- the commission of limits shall
after, it shall not be permitted to commence its labours forty days

maintain in them more than the after the ratification of the present
garrisons and bodies necessary treaty, and shall terminate them in
and indispensable to preserve the six months afterward. If the mem-
country in security and quiet. All bers of said commission shall disa-
the prisoners taken during the pre- gree in one or more points in the
sent war who are now in the course of their operations, they
power of the authorities of either of shall give to their respective go-
the two republics, shall be sent vernments a circumstantial ac-
back en masse to their respective count of every thing, in order that,
countries, without the necessity of taking it into consideration, they
exchange or ransom. may resolve amicably upon what
Art. 5. Both parties recognise may be most advantageous, in the
as the limits of their respective mean time, continuing their labours
territories the same that the an- until their conclusion, without inter-
cient vice-royalities, New-Grenada ruption.
and Peru, had before their indepen- Art. 8. It has been agreed, and
dence, with the sole variations that is here expressly agreed, that the
they may think proper to agree inhabitants of the small territories
upon between themselves, to affect who, by virtue of the fifth arti-
which they bind themselves from cle, are mutually to yield the
thistime reciprocally to make such parts agreed on, shall enjoy the pre-
cessions of smaller territories as rogatives, privileges, and exemp.
PUBLIC DOCUMENTS. [141

lions which the other inhabitants of to which the natives or denizens


the country in which they may de- of each of the contracting parties
finitely fix their residence have or were subject.
may enjoy. Those who declare Art. 10. It is also stipulated,
before the local authorities- their that a commission, composed of
intention of becoming citizens two citizens on each side, shall li-
either of Colombia or Peru, shall quidate, in the city of Lima, within
have a year, in order to dispose, as the time designated in the 7th ar-
may seem best to them, of all their ticle, on the subject of boundaries,
moveable and immoveable goods, the debt, which the republic of
and to transport themselves with Peru contracted with that of Co-
their families and property to the lombia for the assistance lent du.
country of their choice, free from ring the late war against the com-
every obligation and charge what- mon enemy. In case of the disa.
soever, without undergoing the greement of the members, either
least trouble or vexation whatever. on part of Colombia or Peru, up-
Art. 9. The navigation and on one or more parts of the ac.
commerce of the rivers and lakes counts of which they may have
which flow or may flow through the cognizance, they shall make to
frontiersof either republic, shall their respective governments an
be entirely free to the citizens of explanation of the motives on
both, without any distinction and ;
which their disagreement was
under no pretext shall there be founded, in order that the said go-
imposed upon them incumbrances vernments may amicably deter-
or impediments of any kind in their mine what without a cessa-
is just,

dealings, exchanges, and recipro- tion, however, on the part of the


cal sales of those articles which commission, of continuing the ex-
may belong to lawful and free amination and liquidation of the
commerce, and which consist of other parts of the debts, until it is
the natural products of their re- completely ascertained and satis,
spective countries, subject only to fied.
the duties, charges or emoluments

PERU.

TREATY OF PEACE BETWEEN PERU AND BOLIVIA; CONCLUDED JULY


6TH, 1828 AT THE VILLAGE OF PEQUISA.
;

Art. 1. In the space of fifteen Art. 2. There shall be excepted


days from the ratification of this from the operation of the prece-
treaty by the commanders-in-chief ding article, subalterns below the
of the belligerent armies, all per- grade of captain, inclusive, who
sons who are in the army of the may remain in the republic, re-
Bolivian republic, and who are Co- nouncing the military service, but
lombians or foreigners, shall begin the president of the republic may,
to depart from the territory of the after he shall be elected, recall
republic. them to the army.
142] ANNUAL REGISTER, I827-8-&.

Art. 3. All other officers, who occupy the department of Potosi


shall, by virtue of the first article, until the meeting of the constitu-
be compelled to quit the republic, tional congress, and then it shall
may return after the national as. commence its march towards Paz
sembly shall be installed ; and du- and Oreoco by the department of
ring their absence they shall re- Cochabamba. It shall receive all
ceive half-pay from the public the necessary articles of subsist-
treasury, until the president decides ence on the way.
whether they shall or not continue Art. 8. The national assembly,
in the military service and receive after having carried into effect the
full pay. The persons comprehend- sixth article, shall suspend its sit-
ed in the second article shall also tings, resume them after the
to

enjoy half-pay, subject to the same Peruvian army shall have passed
conditions. the Desaguadero.
Art. 4. The squadrons of Co- Art. 9. The Bolivian army shall
lombian grenadiers and hussars, occupy the department of Chuquisa-
who are in Bolivia, shall commence ca, Cochabamba, Santa Cruz, and
their homeward route by the route Tarija, as well as that of Potosi,
which shall be designated, as far as the day after they shall be evacua-
Arica ; the commander-in-chief of ted by the Peruvian army. The
the Peruvian army shall furnish revenues of the latter department,
them with transports, the republic so long as it shall be occupied by
of Bolivia assuming to pay the the Peruvian army and those of
expenses resulting therefrom. Oreoco and De Paz, while it re-
Art. 5. The day after the rati- mains within the Bolivian territory,
fication of the treaty, the com- shall be appropriated to its use, af-
mander-in-chief of the Bolivian ter deducting the charges of col-
army shall issue a decree, convo- lection.

king for the first of August, the Art. 10. The governments of
constitutional congress, which is the two republics shall agree be-
now adjourned, and which shall tween themselves as to the re-
re-assemble in the city of Chuqui- clamations that they may recipro-
saca, for the purpose, 1st, of re- cally make, after the Peruvian army
ceiving and accepting the resigna- shall have passed the Desagua-
tion of the president of the repub- dero.
lic, the grand marshal of Ayacu- Art. 11. The two republics shall
cho, Antonia Jose de Sucre 3d, ;
resume their mutual relations by
to name a provisional government ; means of their diplomatic agents,
3d, to convoke, with all possible after the Peruvian army shall have
speed, a national assembly, to re- evacuated the Bolivian territory.
vise, modify or maintain the ex- Art. 12. Neither of the two re-
isting constitution. publics shall contract any relations t

Art. 6. This national assembly with the empire of Brazil, until it


shall name and elect a president of shall conclude a peace with the
the republic, and shall designate Argentine republic.
the day when the Peruvian army Art. 13. All persons belonging
shall begin to evacuate the terri- to either republic who are in the
tory of the republic. armies of the other, shall be imme-
Art. 7, Th$ Peruvian army shall diately dismissed, it being express^
PUBLIC DOCUMENTS. [143

ly understood that the Bolivians may either army, after the ratification
remain in their own country, and of this treaty.
that the Peruvians may return to Art .16. Two officers, who shall
theirs, leaving them at full liberty be designated by the contracting
so to do. Colombian soldiers in generals, shall be given as hosta-
the two armies are comprized in ges for the fulfilment of this treaty.
this article, and neither party shall Art. 17. This treaty shall be
be at liberty to reclaim deserters. ratified or rejected within twenty-
Art. 14. No Bolivians shall be four hours, and in case it shall be
accountable to the law, nor respon- disapproved or not ratified, hostili-
sible, directly nor indirectly, for ties shall re-commence in twelve
having expressed their opinions hours.
under existing circumstances, and Signed in duplicate.
those who are in that predicament, MIGUEL MARIA DE AGUIRRE.
hall be treated and regarded ac- LE GEN. JOSE MIGUEL DE VELASCO.
cording to their talents and ser- MIGUEL DEL CARPIO, Sec'ry.
vices.
Art. 15. The contracting par- JUAN AGUSTINO LIRA.
ties shall be responsible for
all hos- JUAN BAPTISTA ARQUEDAS.
lile acts, which may take place in JOSE MARIA LOPEZ, Sec'ry.

BRAZIL.

CONVENTION BETWEEN HIS BRITANNIC MAJESTY AND THE EMPEHOR OF


BRAZIL, FOR THE ABOLITION OF THE AFRICAN SLAVE TRADE,
SIGNED AT RIO DE JANEIRO, NOVEMBER 23, 1826.

Art. 1. At the expiration of themselves bound to provide for


three years, to be reckoned from the regulation of the said trade,
the exchange of the ratifications till the time of its final abolition,
of the present treaty, it shall not they hereby mutually agree to
be lawful for the subjects of the adopt and renew, as effectually as
emperor of Brazil to be concerned if the same were inserted, word
in the carrying on of the African for word, in this convention, the
slave-trade, under any pretext or several articles and provisions of
in any manner whatever, and the the treaties concluded between his
carrying on of such trade after Britannic majesty arid the king of
that period, by any person, subject Portugal on this subject, on the
of his imperial majesty, shall be 22d of January, 1815, and on
deemed and treated as piracy. the 28th of July, 1817, and the
Art. 2. His majesty the king of several explanatory articles which
the United Kingdom of Great have been added thereto.
Britain and Ireland, and his ma- Art. 3. The high contracting
jesty the emperor of Brazil, deem- parties further agree, that all the
ing it
necessary to declare the en- matters and things contained in
gagements by which they hold those treaties, together with the
U4J ANNUAL REGISTER, 18-27-6-9.

instructions and regulations, and the united kingdoms of Great Bri^


forms of instruments annexed to tain and Ireland, their heirs and
the treaty of the 28th of July, sucessors, their subjects, states,
1817, shall be applied, mutatis and countries, without distinction
mutandis, to the said high con- of person or of place.
tracting parties and their subjects, Art. 2. His imperial majesty,
as effectually as if they were re- and his Britannic majesty, have
cited word for word herein ; con- agreed, that each of the high con-
firming and approving hereby all tracting parties shall have the
matters and things done by their right of naming, and placing con-
respective subjects under the said suls-general, consuls, arid vice-
treaties, and in execution thereof. consuls in all or any of the ports of
1

Art. 4. For the execution of the the other, as may be judged neces-
purposes of this conventio'n, the sary for the commercial interests
high contracting parties further and advantage of its subjects. The
agree to appoint forthwith mixed consuls of each class cannot enter
commissions, after the form of upon their functions, unless named
those already established on the by theirrespective monarchs,
part of his Britannic majesty and with the requisite formalities,
all
the king of Portugal, under the and confirmed by the monarch
convention of the 28th of July, upon whose territory they are pla-
1817. ced. The most perfect equality
Art. 5. The present convention is to exist between the consuls of
shall be ratified, and the ratifica- each class throughout the territory
tions shall be exchanged at London of each of the high contracting
within four months from the date parties. The consuls shall enjoy
hereof, or sooner if possible. the privileges attached to their
In witness whereof, the respec- rank, as generally recognised and
tive plenipotentiaries have signed granted. In all civil and criminal
the same, and have affixed thereto affairs, they are to submit like the
the seals of their arms. rest of their fellow-countrymen, to
Done at Rio de Janeiro, the the laws of the land in which they
23d day of November, in the year reside, and to enjoy the entire pro-
of our Lord 1826. tection of those laws during their
[L.S.] ROBERT GORDON. observance of them.
Marquez de S. AMARO. Art. 3. The consuls, and vice-
L.S.]
SL.s.] Marquez de INHAMBUPE, consuls of the two nations shall,
each in his respective residence,
Treaty of Commerce and Naviga- take cognizance and decide upon
tion between his Britannic Majes- the differences which may arise
ty, and his Majesty the Emperor between the subjects, the captains,
of Brazil. and crews, of the vessels of their
Rio Janeiro, August 17th, 1827. respective nations, without the in-
In the name of the Holy and tervention of the authorities of the
Indivisible Trinity, &c. &c. countries, unless the public tran-
Art. 1. There shall be peace quillity demand it, or unless the
and friendship for ever, between parties themselves carry the affair
his majesty the emperor of Bra- before the tribunals of the territory,
zil, and his majesty the king of in which the difference arises. In
PUBLIC DOCUMENTS. 1145

like manner, they shall have the of the other, as regards their own
right of administering the property persons, the same rights, favours
of the subjects of their own nation, and franchises, which are or may
dying intestate, for the benefit of afterwards be granted, to the sub-
the legitimate heirs of said proper- jects of the most favoured nations.
ty, or creditors, conformably
to the Art. 6. The constitution of the
laws of their respective countries. empire having abolished all sepa-
Art. 4. The subjects of each of rate jurisdictions, it is agreed that
fhe high contracting parties are to the office of judge advocate (juiz
enjoy, throughout the territory of conscrvador) of the British nation
the other, the most perfect liberty shall be suppressed, and that in the
of conscience in all matters of re- mean time a sufficient substitute
ligion, conformably to the system shallbe provided, for the protection
of toleration, introduced and follow- of the persons and property of
ed in each of their respective the subjects of his Britannic ma.
countries. jesty. Hereby it is understood,
Art. 5. The subjects of either that the subjects of his Britannic
sovereign may, at their own plea- majesty shall enjoy in Brazil, the
sure, dispose of their property by same rights and advantages en-
sale, exchange, testament, or in joyed by Brazilian subjects, in civil
any other manner, without let or and criminal matters that they ;

hinderance. Their houses, goods, cannot be arrested without previ-


and effects, shall be protected and ous inquest, and the orders of the
respected, and no authority shall proper authorities, except in cases
invade them, without the will of where they are taken inflagrante
their proprietors. They shall be delictu, and that their persons are
exempted from all service upon to be free from arrest, in all cases
land, and upon the sea from all ; in which the law allows bail.
forced loans, and contributions, for Art. 7. If, which Heaven avert,
war or for the service of the state ; any misunderstanding, breach of
they shall not be required to pay any friendship, or rupture, should take
ordinary tax, under any denomina- place between the two crowns,
tion whatsoever, at a higher rate such rupture shall not be consider-
than that paid by the subjects of the ed as existing, until after the recall
monarch, whose territory they in- or the departure of the diplomatic
habit. They shall not be subjected agents of the two powers. The
to any arbitrary domiciliary visits ; subjects of either power remaining
their books or papers shall not be within the territory of the other,
demanded nor exammed under any shall have the right of regulating
pretence. It is agreed that domici- their affairs, or of carrying on their
liary and other and examina-
visits, business with the interior 3 provided
tions, shall only take place in the pre- they continue to act peaceably, and
sence of the competent authorities, do nothing contrary to the laws.
in cases of high treason, smuggling, Nevertheless whenever their con-
and other crimes, provided for by duct gives rise to suspicions, they
the laws of the respective nations. may be obliged to quit the country,
In general it is expressly stipulated, every possible facility being afford-
that the subjects of each party ed them, to retire with their pro-
shall enjoy, throughout the territory perty and effects, and sufficient
19
146] ANNUAL REGISTER, 1827-8-9.

time being granted them ; in no been thus interdicted, shall be


case, however, to exceed six opened to the commerce of any
months^ other nation, it shall be, from that
Art. 8. It is agreed, that
also moment, opened to the sub-
also
neither of the two contracting par- jects of the two high contracting
ties shall knowingly or designedly parties. The subjects of th" two
take or keep in his service, those high contracting parties may enter
s

subjects of the other, who may with their respective ships, into all
have deserted from the sea or land the ports, harbours, bays and an-
service, but shall on proper de- chorages, of the territories belong-
mand, dismiss all such from his ing to each of the two parties, un-
employ. It is moreover declared load the whole or a part of their
and agreed, that every favour cargoes, and take in or re-export
which can be granted by one of the merchandises. They may remain
powers to the other, relative to de- there, rent houses and stores, tra-
serters from his service, shall be vel, trade, open shops, transport
considered as also conceded in the goods, boats or money, and attend
to all their concerns, without being
opposite case, as fully as if ex-
pressed in the present treaty. It thereby subjected to any surveil-
is also agreed that in the case of lance, and transact their business
sailors or marines, deserting from at their pleasure, by means of
ships belonging to subjects of agents and clerks. Nevertheless,
either power, during their sojourn agreed that the coasting trade
it is

in the ports of the other, the au- between ports, with articles of con-
thoritiesare bound to render all sumption, either with the interior,
possible assistance, for the arrest or with other nations, shall be ex-
of such deserters in like manner
; cepted, and that this trade can only
the necessary reclamations shall be carried on in ships of the coun-
be made by the consul-general, try ; the subjects of the two powers
the consul, or his deputies and re- are, however, permitted to load
presentatives; and moreover, no re- such ships with their property,
ligious or civil corporation shall merchandise and money, on paying
protect or receive the said desert- the same duties.
ers* Art. 11. The ships of the sub-
Art. 9. Salutes in ports, and jects of each of the two high con-
between flags, shall be made con- tracting powers, shall pay no
formably to the usual existing re- higher port, tonnage, and the like
gulations between maritime states. duties, than those which are or may
Art. 10. Liberty of commerce hereafter be required of the most
and navigation shall be recipro- favoured nations.
cally enjoyed, by the respective Art. 12. In order to prevent all
subjects of the two powers, in ships doubts concerning the nation to
of both nations, and in all and which a ship may belong, the two
every port, city and territory, be- parties have agreed to consider as
longing to the said contracting English, those ships which are
powers, excepting those to which purchased, registered, and employ-
entrance is expressly forbidden ed in navigation, conformably to
to any foreign nation. It is agreed, the laws of Great Britain. On the
that as soon as a port which has other hand, such are to be consi.
PUBLIC DOCUMENTS. [147

ikred Brazilian, as are built upon carriages, musket stocks, bande.


the Brazilian territory, belong to Hers, powder, matches, saltpetre,
Brazilian subjects, and whose cap- balls, pikes, swords, helmets, cui-
tain and three fourths of the crew, rasses, haiberts, lances, spears,
are Brazilians. All ships shall horse furniture, holsters, sword
likewise be considered as Brazi- beits, and instruments of war in
lian, taken from ihe enemy by general, as well as ship timbers,
ships of his majesty, the emperor of tar and pitch, sheet copper, sails,
Brazil, or by his subjects, furnished canvass, ropes, and, in general,
with letters of marque, if they have every thing necess.-ny for fitting
been declared lawful prize by the out ships of war, except unwrought
Brazilian prize court; also those iron, and pine boards.
which have been condemned by a Art. 16 Packets shall be es.
competent tribunal, for infraction tablished, to facilitate the public
of the laws prohibiting the slave- service of bothcourts, and the
trade, and those bought by Brazi- commercial relations between the
lian subjects, with crews constitu- subjects of each. They shall be
ted as above mentioned. considered as royal ships, whene-
Art. 13. The subjects of each ver they are under the orders of
of the two monarchs, while on the officers of the royal navy. This
territory of the other, shall enjoy arlicle shall remain in force until
entire liberty of trading in any an agreement has been concluded
way with other nations. between the powers, for the spe-
Art. 14. Excepting in this re- cial arrangement of the packet
spect, all articles and merchandise establishment.
of which the crown of Brazil re- Art. 17. For the more effica.
serves to itself the exclusive mo- cious protection of the commerce
nopoly. If, however, the trade of and navigation of their respective
any one of these articles should subjects, the two high contracting
afterwards become free, the sub- parties, agree to receive no pirates
jects of his Britannic majesty shall within the ports, bays, or anchora-
be permitted to exercise it, with no ges of their respective dominions,
greater restrictions than those of and to prosecute with all die rigour
his majesty the emperor of Brazil. of the laws, all persons convicted
The duties upon the import and of piracy, and all persons doniici?
export of these articles, and mer. liated in the territory, convicted of
chandises, shall in all cases be the understanding or participation with
same, whether consigned to Bra- them. All ships and cargoes be-
zilian, or toEnglish subjects, or ex- longing to the subjects of either of
ported by them or belonging en- the contracting parties, taken or
tirely to one of them. robbed by pirates, in the neighbour^
Art. 15. In order to determine hood of one of the ports of the
what is to be viewed as contraband other, shall be returned to their
proprietors, or to those whom they
in time of war, it is agreed to in-
clude under that head, all arms may appoint, as soon as the identi-
and munitions of war, by land or ty of the property can be
estab-
sea, such as cannon, guns, mor- lished. This restitution shall take
tars, petards, bombs, hand gre- place, even when the article claim.-
jiades, jjrape shot, saucissons, gun ed has been sold ; unly, however,
148] ANNUAL REGISTER, 1827-8-y.

in thoSe cases in which the buyer stance may be taken into conside-
knew, or ought to have known, ration as soon as possible, and with-
that said article had been acquired out causing any delay in the ship-
by piracy. ping of said article.
Art. 18. If any ship of war or It has been likewise agreed, that

commerce, belonging to either of whenever English articles intro-


the contracting states, should be duced into the Brazilian custom-
wrecked in the ports or on the houses, shall not possess the value
coasts of the other, the authorities assigned them in the tariff, and
and persons employed by the cus- they are intended for internal con-
tom-house of the place, are to ren- sumption, the importer shall add
der all possible assistance, to save a declaration of their value, after
the persons and property of the which, their transportation shall
shipwrecked to see that the arti-
; not be delayed. In all cases,
cles saved or their value be secu- however, in which the persons em-
red, so that if the ship wrecked be ployed by the custom-house, in
a ship of war, they may be re- fixing the duties, shall judge that
stored to their respective govern- the articles are rated beneath their
ments, and if a merchant ship, to value, it shall be in their power to
their proprietor, or to those whom sequester the article thus valued,
he may empower, as soon as they to pay the importer ten per cent,
are claimed, and the expenses of sal- over and above said valuation,
vage and storage have been paid. within fifteen days from the time
Articles saved from shipwreck, of their sequestration, returning
shall be subject to no duty, unless the duties already paid ; in all
carried for consumption into the which the usages of the English
country. custom-houses shall be followed.
Art. 19. Every species of mer- Art. 20. His majesty the em-
chandise, and articles of every peror of Brazil, engages not to
kind, which are the natural product admit into any part of his domi-
or manufacture of the territories nions, any article coming from
of his Britannic majesty, either in abroad, produced or manufactured
Europe or in his colonies, may be in said country, under duties less
introduced into all or each of the than those fixed in the preceding
ports of Brazil, after having once article, unless the same diminution
paid a duty, not exceeding fifteen takes place in English articles,
per cent, in specie, or its equiva- produced or manufactured in En-
lent, as fixed by the tariff, publish- gland, excepting only, all articles
ed in all the ports of the kingdom, produced or manufactured in Por-
in which custom-houses exist. tugal, imported thence directly to
also agreed, that when ta-
It is Brazil, in ships of one or the other
riffs are in future made, the market nation. His Britannic majesty
price shall be taken each time as has consented to this exception, in
the basis, and the consul of his favour of Portugal, on account of
Britannic majesty, shall have leave the part he has himself taken in
to make a representation, whene- the negotiation which has been so
ver any one of the articles shall happily terminated by the treaty
be valued too highly upon the ex- of reconciliation and independence
isting tariff, so that this circum- of the 29th of August, 1825, and
PUBLIC DOCUMENTS. [149

also on account of the friendly petent custom-house officers of the


relations, which his Britannic ma- port of embarkation ; which shall
jesty so ardently desires to main- be numbered in order and attached
tain between Brazil and Portugal. to the declaration by the seal of
Art. 21. All articles of mer- the English custom-house the;

chandise, the products of the in- correctness of the declaration shall


dustry and manufactures of Brazil, be confirmed by oath in presence
and imported directly for consump- of the Brazilian consul, and the
tion into the territories and posses- affidavit presented to the custom-
sions of his Britannic majesty, in house in the place of importation.
Europe, and in his American, Asia- The origin of the articles imported
tic, and African colonies, open to into Brazil from British possessions
foreign commerce, shall be subject where there is no
custom-house,
to no higher duties, than those shall be proved with the same for-
paid upon the same articles, im- malities used in similar
importa-
ported in the same manner, from tions into Great Britain.
any other foreign country. Art. 24. His Britannic majesty
Art. 22. As certain articles of engages, in his own name and in
Brazilian produce, when imported that of his successors, to allow the
for consumption into the United subjects of his imperial majesty to
Kingdoms pay heavier duties than trade with his own ports, at home
are imposed upon similar products of and in Asia, upon the footing of
the English colonies, his Britannic the most favoured nations.
majesty agrees that such articles Art. 25. In all cases in which
may be stored within his domi- bounty or drawback is allowed
nions until re-exported, under the upon articles exported from a port,

necessary regulations, without pay- belonging to either of the two


ing any duties of consumption ; powers, such bounty or drawback
and they shall not be subject to shall be the same under all cir
higher storage or re-exportation cumstances, whether the re-expor-
duties, than those imposed, or tation take place on Brazilian or
which may hereafter be imposed, on English ships.
upon similar products of the Bri- Art. 26. His imperial majesty
tish colonies, when thus stored engages, in his own name, and in
or re-exported. that -of his successors, not to per-
In like manner, the products of mit any restriction upon the com-
the English colonies, which are merce of his Britannic majesty,
similar to those of Brazil, can
only within his states, or injury to them
be admitted for re-exportation into from the effect of any exclusive
the Brazilian port under the same monopoly for buying or selling,
favourable conditions to which simi- or by privileges granted to any
lar articles are subjected in the commercial company. The sub-
English custom-house. jects of his Britannic majesty, on
Art. 23. Every species of ar- the contrary, shall have full and
ticle and merchandise, imported entire liberty of buying and selling
from the English territories into to whom and in what manner they
9.
port of his imperial majesty, please, without being obliged to give
must be accompanied by certifi- the preference to any such company,
cates of its origin, signed by com- or to any individual enjoying such
150] ANNUAL REGISTER, 1827-8-9.

exclusive privileges. On his own Done at Rio Janeiro, on the


part, his Britannic majesty engages 17th of the month of August, in
to preserve faithfully and recipro- the year of grace eighteen hun-
cally, the same principle with re- dred and twenty-seven.
gard to the subjects of his imperial Signed.
majesty. Those articles of Brazilian L.S.] THE MARQUIS DE QTIELUZ.
produce, which the crown has re- L.S V THE VI'CT DE S. LEOPOLDO.
served to itself the exclusive right L.S.] THE MARQUIS DE MACEYO.
of buying and selling, are not com- L.s.l ROBERT GORDON.
prehended under this provision,
whilst such reservation remains in
force. TREATY BETWEEN BRAZIL AND THI
Art. 27. His imperial majesty JIANSE TOWNS.
has resolved to grant to the sub- In the name of the most Holy
and Indivisible Trinity.
jects of his Britannic majesty the
same privilege of credit (assigna-
The Senate of the Free and
tion) at the custom-houses, enjoyed
Hanseatic city of Lubeck, the
by those of his Brazilian majesty. On Senate of the Free and Hanseatic
the other hand, it is agreed and stipu- city of Bremen, and the Senate of
lated, that the Brazilian traders the Free and Hanseatic city o;
shall enjoy in the British custom- Hamburgh, on one part, each o
houses, the same favour, as long as them separately, and his Majest}
the laws allow it to British subjects the Emperor of Brazil on the othe-
themselves. part, desirous of consolidating the
Art. 28. The high contracting relations of commerce and naviga-
parties have agreed that the stipu- tion between their respective states,
lations contained in the present have named to conclude a conven-
treaty, shall remain in vigour for tion founded on the principles of a
fifteen years, from the date, of the fair reciprocity, their Plenipoten-
ratification of the present, and tiaries, namely
after that until one of the two par- The Senate of the Free and
ties shall announce its revocation Hanseatic city of Lubeck, the
to the other, in which case the pre- Senate of the Free and Hanseatic
sent treaty shall cease, upon the city of Bremen, and the Senate of
second year after such annuncia- the Free and Hanseatic city of
tion. Hamburgh, John Charles Fre-
Art. 29. The present treaty derick Gildemeister, esq., Doctor
shall be ratified by the high con- of Laws, member of the Senate of
tracting parties, and the ratifica- Bremen, at present their Envoy
tions shall be exchanged, within Extraordinary to His Majesty the
the space of four months, or less, if Emperor of Brazil, and Charles
possible. Sieveking, esq., Doctor of Laws,
In testimony whereof, we, the Member and Syndic of the Senate
undersigned, plenipotentiaries of of Hamburgh, at present their En-
his majesty the emperor of Brazil, voy Extraordinary to his said Ma
and of his Britannic majesty, in vir- jesty ; and his Majesty the Empe-
tue of our plenary powers, have ror of Brazil, his Excellency the
signed the present treaty, and affix marquis de Queluz, Councillor of
ed to it our seals and arms. Empire, Grand
State, Senator of the
PUBLIC DOCUMENTS. [151

Cross of the Imperial Order of said republics, or depart therefrom,


Cruziero, Commander of the Im- shall not be subject to duties levied

perial order of Christ,


Minister and on the vessels (besides the duties
Secretary of State for Foreign payable on their cargoes) under the
Affairs, and his Excellency the head of port-charges, anchorage,
Count de Lages, Councillor of light-houses, tonnage, visiting,
State, Officer of the Imperial Or- pilotage, or any other denomination
der of Cruziero, Commander of the whatever, other or more consider-
Imperial Order of Saint Benoit able than those which are actually
D'Avis, decorated with the Cross of or may hereafter be imposed on
Gold of the army of the South, Bri- national vessels.
gadier of the Imperial and National Art. IV. The high contracting
Army, Minister and Secretary of parties mutually engage not to es-
State for the War Department, and tablish any prohibitions of import
Inspector of the Imperial Military or export which shall attach to the
Academy, who, after having reci- importations or exportations of
procally communicated their full either country, not affecting those
powers, fivnpl in good and due articles of the same description of
form, have agreed on the following other countries. The contract-
articles :
ing parties engage not to burthen
Art. I. All ports and anchor- them with any duties or any other
ages in the respective countries, charges whatever, which shall not
open to the vessels of any other at the same time be extended to all
nation, shall be in like manner the importations or exportations
open to the Brazilian and Hansea- of the same sort, without any dis-
tic vessels respectively. tinction of country.
Art. II.All vessels bearing the Art. V. All merchandise which
flag of one of the republics of can be imported into the states of
Ltibeck, Bremen, and Hamburgh, the high contracting parties re-
belonging exclusively to a citizen spectively in national vessels, or
or citizens of one of them, and of which can in like manner be ex-
which the captain shall in like ported therefrom, may also be im-
manner be a citizen of one of those ported or exported in the vessels of
republics, shall be held and con- the other contracting party.
sidered for all the objects of this The coasting trade from port to
convention, as a vessel belonging to port, employed for transporting
Lubeck, Bremen, or Hamburgh. indigenous or foreign products al-
A perfect reciprocity shall be ob- ready admitted for consumption,
served in respect to Brazilian ships. being nevertheless excepted from
Passports, regularly executed, shall this general principle, and reserved
establish between the high contract- for the regulations of each country,
ing parties the proofs of the na- it is
agreed by both parties, that
tionality of the Brazilian and Han- the citizens and subjects of the
seatic vessels. high contracting parties shall enjoy
Lubeck, Bremen, and
Art. III. in this respectthe privilege of using
Hamburgh vessels which shall en- the coasting vessels forth convey-
ter the ports or depart
Brazilian ance of their merchandise, subject
are
therefrom, and
Brazilian vessels only to the same duties which
which shall enter the ports of the now levied, or which may here-
162J ANNUAL REGISTER, 18-27-8-9.

after be levied, on the subjects the same latitude and perfect reci-
of the most favoured nation, procity, it is
agreed that the said
Art. VI. Any merchandise what- indirect commerce shall for the
ever, without as to
distinction present be restricted, and shall only
origin, exported from the Brazilian take place with respect to the na-
ports to the ports of Lubeck, Bre- tions whose direct commerce is or
men, and Hamburgh, or from these shall be favoured in the Brazilian
last-mentioned ports to Brazil, in ports by particular treaties.
Brazilian vessels, or in vessels be- All merchandise exported in

longing to a nation favoured in the Hanseatic vessels from the ports


Hanseatic ports in their direct com- of the said nations favoured in
merce, and any merchandise im- Brazil, shall pay the same duties of
ported from any country whatever import and export, or any other
into the Hanseatic ports by Bra- duties which are paid by the Han-
zilian vessels, or exported to any seatic cities in their direct com-
country whatever from the Han- merce; these merchandises remain-
seatic ports by Brazilian vessels, ing nevertheless liable to the other
shall not, in the above-mentioned formalities required when they are
ports, pay the export and import imported into the Brazilian ports
duties, and any other duties, ex- by nations favoured in their direct
cept according to the rates granted commerce.
to the direct commerce of the most All bounties, drawbacks, or other
favoured nation. such advantages granted in one of
On the other part, any mer- the countries on importation or ex-
chandise whatever, without distinc- portation, in the vessels of any
tion as to origin, exported from foreign nation whatever, shall in
the ports of Lubeck, Bremen, or like manner be granted when the
Hamburgh, to Brazil, or from Bra- importation or exportation shall be
zil to these ports, in Hanseatic ves- performed by the vessels of the
sels or in vessels belonging to any other country.
nation favoured in the Brazilian In the direct navigation between
ports in their direct commerce, shall the Brazils and the Hanseatic
not pay in Brazil the import or export cities, the manifests witnessed by
duties, or any duties whatever, but the Consuls, Brazilian or Hanseatic
such as are fixed by a rate to the respectively, or if there should not
direct and national commerce of be any consuls by the local author-
the most favoured nation ; a rate ities, shall be sufficient to admit
which by other treaties has been the respective importations or ex-
temporarily fixed at fifteen per cent, portations to the advantages stipu-
instead of twenty-four, for all lated in this article,
merchandise introduced for con- Art. VII. The indigenous ar-
sumption. ticles referred to in the preceding
The Hanseatic cities not having article shall experience in the re-
placed any restriction on the indi- spective Custom-houses, as far as
rect commerce of Brazil, and the regards their valuation, all the ad-
Brazilian government not being in vantages and facilities which are
all respects able, in the present or shall be conceded to the most
state of their commercial relations, favoured nation. It is understood
to grant to the indirect commerce that in cases where they shall not
PUBLIC DOCUMENTS. [153

have a fixed value in the Brazilian Art. X. Should either of the


tariff, the entry at the custom, contracting parties be engaged in
house shall be made on a declara- war, whilst the other is neuter, it
tion of their value signed by the is agreed, that whatever the belli,

party who shall have imported gerent party may have stipulated
them but in the event of the of-
;
with other powers to the advantage
ficers of the customs charged with of the neutral flag, shall still be in
the collection of the duties sus- force between Brazil and the Han-
pecting the valuation to be faulty, seatic towns. In order to prevent all
they shall be at liberty to take mistakes relating to what is con-
the goods thus valued on paying sidered contraband of war, it is
ten per cent, above the said agreed (without however departing
valuation and this within the
;
from the general principle above
period of fifteen days from the first detailed) to restrict this definition
day of the detention, and on re- to the following articles Can-:

paying the duties received there- nons, mortars, guns, pistols, gre-
on. nades, fusees, gun-carriages, belts,
Art. VIII. The commerce and powder, saltpetre, helmets, balls,
navigation between Brazil and the pikes, swords, halberds, saddles,
Hanseatic ports shall enjoy in each harness, and all other instruments
country, without waiting for any whatever manufactured for the
additional convention, all the privi- uses of war.
leges and advantages which are or Art. XI. The citizens and sub-
may be granted to any of the jects of the respective countries shall
most favoured nations, provided enjoy in the other country, in re-
always they fulfil the conditions of spect to their persons, their proper-
It is understood that
reciprocity. ty, the exercise of their religion,
the privileges which have been, or and the employment of their in-
which may be, granted to the Por- dustry, all the rights and privi-
tuguese nation, shall not be con- leges which are or shall be here-
strued into a precedent, nor shall after granted to the most favoured
the effects of the present convention nations.
extend to Portugal, unless there Some foreigners enjoying in
should be particular treaties for Brazil the privilege of having ac-
that purpose. counts open at the custom-houses
Art. IX. The consuls of the for payment of duties, on the same
respective governments shall be condition and sureties as the Bra-
treated, as well in respect to their zilian subjects, this favour shall
persons as to the exercise of their e*tend equally to the Hanseatic
functions, on the same footing as residents.
those of the most favoured na- Art. XII. The high contract-
tions. They shall especially
enjoy ing parties reserve to themselves
the right of making representa- the right of entering into any ad-
tions, as well general as particular, ditional stipulations, which the re-
upon the valuations made by the ciprocal interest of trade may re-
customs, which shall be taken into quire, and any articles which may
consideration with as little delay be hereafter agreed on shall be con-
as possible, without sidered as making a part of the pre-
detaining the
consignments. sent convention.
20
154] ANNUAL REGISTER, 1827-8-9.

Art. XIII. Although the pre- Treaty of Commere and Navigation*


sent, convention be considered as between his most Christian Ma-
common to the three free Hanseatic jesty, and the Emperor of Brazil,
cities of Lubeck, Bremen, and relative to indemnity to tlie sub-
H tmburgh, it is agreed, neverthe- jects of France, for the value of
less, that a league of reciprocal re- French vessels and their cargoes,
sponsibility does not exist between seized by the Brazilian squadron
their sovereign governments, and in the river La Plata, and defini-
that the stipulations of the present tively codemned by the tribunals
convention shall remain in full of Brazil.
force with regard to the rest of
these republics, notwithstanding a The government of Bra-
Art. 1.
termination on the part of one or zil
engages to pay to the French
more of them. government, as an indemnity for
Art* XIV. The present con- the losses done to its subjects, the
vention shall be ratified, and the value of the hulls, rigging, and
ratifications shall be exchanged cargoes of the French vessels le
in London within the space of Courrier, le Jules, and le San Sal-
four months, or sooner if possible. vador, which have been captured
It shall be in full force during by the squadron in the river La
ten years, dating from the day of Plata, and definitively condemned
the exchange of the ratifications : by the tribunals of Brazil.
and beyond that term, until the Art. 2. These indemnities shall
senates of the Hanseatic cities, be arranged upon the basis ; as to
whether separately or collectively, the vessels, the value of their hulls
or his majesty the Emperor of the and rigging to be taken from the
Brazils, shall have announced the policies of insurance, where no
intention of terminating such con- suspicion of fraud is raised against
vention, as likewise during the the valuation to which shall be
;

negotiation for a renewal or modifi- added, the amount of freight, and


cation of it. the extraordinary expenses for
In witness whereof, the under- the pay and maintenance of the
feigned, plenipotentiaries of the crew, and for all the expenses oc-
Senates of the Hanseatic republics casioned by the detention of the
of Lubeck, Bremen, and Ham- vessel ; and as to the cargoes, the
burgh, and of his majesty the em- value shall be regulated by the
peror of Brazil, in virtue of their manifests and invoices, and after
respective full powers, have affixed the current prices in the port of
the seal of their arms. Rio Janeiro, at the time of cap-
ture. The policies of insurance,
Done at Rio de Janeiro, this invoices, vouchers of expenses,
17th day of November, in the year and all the other documents, shall
of our Lord 1827. be presented and proved in legal
form.
(L. S.) GlLDEMEISTER. Art. 3. To the value of indem-
(L. S.) C. SlEVEKING. nity which be liquidated for
shall
(L. s.) Marquez de QUELUZ. each vessel, shall be added by way
(L. s.) Conde de LAGES. of damages and interest, six pef
PUBLIC DOCUMENTS. [135

ceut. per annum, ,to commence be made in the currency of Brazil


one month after the capture, unto taking into account the difference
the period hereafter fixed for the of exchange, at the time of
cap.
payment and to the total amount
; ture, und at the per.od of pay-
of the indemnities, when ascer- ment and the amounts which shall
;

tained, for the cargoes, freight, ex- be ascertained, shall be paid in


penses and extraordinary charges, equal payments, at Rio Janeiro,
shall be added by way of damages the first in twelve months the se- ;

and interest, five per cent, per an- cond in eighteen months and the ;

num, to commence six months third in twenty-four months after


after the capture, until the periods the termination of the duties of the
aforesaid. commission. The schedules of
Art. 4. The
indemnities shall be payments shall be deposited with
ascertained and settled by a com. the French legation at the court
mission, composed of four mem- of Brazil, and shall comprehend
bers, two commissioners of liquida- the articles, stipulated by article
tion, and two arbitrators, one of the third. Each schedule shall con*
latter, who shall be designated by tain the names of those interested,
lot, to be called in, only in case of and shall indicate the persons who

disagreement of the commission- shall pay the amount, on account


ers. One commissioner and an of the Brazilian government, as
named by the
arbitrator, shall be well as the place of payment.
Brazilian government, and the Art. 7. This convention shall
others, by the representative of his be ratified, and the ratifications ex-
most Christian Majesty at the court changed in the city of Rio Janeiro,
of Brazil. within six months, or sooner if pos?
The commissioners shall re- sible.
ceive from the claimants, the ac^ Done in the city of Rio Janeiro
counts and documents above men- the 81st day of August, 1828.
tioned, and all other proofs which [L. s.] LE MARQUIS DE GABKIAL.
may be presented in support of [L. s.] MARQUIS DE ARACATY.
their claims, and although the L.
s.] JOSE CLEMENTE PEBEIRA,
claimants may have the power to
produce all corroborative proofs, PRELIMINARY TREATY OF PEACE
which they may think proper, until Between the Republic of the United
the close of the commission, it is Provinces of the river Plate, and
nevertheless expressly agreed, that the Emperor of Brazil.
no claim shall be examined, or In the name of the most holy and
taken into consideration, if it be undivided Trinity ;

not presented within sixty days im- The government of the republic
mediately following the opening of of the United Provinces of the
the commission. river Plate, and his majesty the
Art. 5. The commission shall Emperor of Brazil, desiring to put
commence its sittings within one an end to the war, and establish
month after the signature of this upon solid and durable principles
convention, and its functions shall the good understanding, harmony,
be definitively terminated, on the and friendship, which should exist
28th of February, 1829. between the neighbouring nations,
Art. 6. The appraisement shall called by their interests to live
156] ANNUAL REGISTER, 1827 8-9.

united by the ties of perpetual al- territory of Brazil, in order that il


liance, have agreed, through the may constitute itself into a state
mediation of his Britannic majesty, free and independent of any nation
to adjust between themselves, a whatever, under the form of go-
preliminary treaty of peace, which vernment which it
may deem most
shall serve as a basis to the deiini- suitable to its interests, wants, and
tive treaty of the same, which is to resources.
be celebrated between the high Art. 2. The government of the
contracting parties. And for this Republic of the United Provinces
purpose they appointed their pleni- concurs in declaring, on its part,
potentiaries, to wit : the independence of the province
The government of the Republic of Monte Video, at present called
of the United Provinces, Generals the Cisplatine, and its being con-
Don Juan Ramon Balcarce, and stituted into a free and independent
Don Tomas Guido :
state, in the form declared in the
His majesty the Emperor, the foregoing article.
most illustrious and most excellent Art. 3. Both high contracting
Marquis of Aracaty, Member of his parties oblige themselves to defend
Majesty's Council, Gentleman of the independence and integrity of
the Imperial Bed-Chamber, Coun- the province of Monte Video, for the
sellor of Finance, Commander of time and in the manner that may
the Order of Aviz, Senator of the be agreed upon in the definitive
Empire, Minister Secretary of treaty of peace.
State in the Department of Foreign Art. 4. The existing government
Affairs ; Dr. Don Jose Clemente of the Banda Oriental, immediately
Pereira, Member of his Majesty's upon the ratification of the pre-
Council, Chief Judge of the House sent convention, shall convoke the
of Supplication, Dignitary of the representatives of that part of the
Imperial Order of the Cross- said province which is at present
bearer, Knight of that of Christ, subject to it ; and the existing go-
Minister Secretary of State in the vernment of Monte Video shall
Home Department, and ad interim make simultaneously a like con-
of Justice and Don Joaquin Oli-
; vocation of the citizens residing
veira Alvarez, Member of his Ma- within the city, regulating the num-
jesty's Council and that of War, ber of deputies by that of the in-
Lieutenant General of the National habitants of the province, and
and Imperial Armies, Officer of using the form adopted in the elec-
the Imperial Order of the Cross- tien of representatives in the last
bearer, Minister Secretary of State legislature.
in the Department of War ; Art. 5. The election of deputies
Who, having exchanged their for the city of Monte Video shall
respective full powers, which were take place indispensably extramu-
found to be in good and due ros without the reach of the artil-
form, agreed upon the following lery of the city, and in absence of
articles :
armed force.
Art. 1. His Majesty the Art. 6. The representatives of
Empe-
ror of Brazil declares the Province the province being assembled at a
of Monte Video, at present called distance of at least ten leagues
the Cisplatine, separated from the from the city of Monte Video, and
PUBLIC DOCUMENTS. [157

any other place occupied by Art. 10. It being a


troops, duty of the
shall establish a
provisional go- two contracting governments to as-
vernment, which shall rule the sist and protect the province of
whole province until the installa- Monte Video, until it be completely
tion of the permanent government, constituted, the said governments
to be created as the constitution agree that, if previously to the con.
shall direct. The existing govern- stitution being sworn to, and
during
ments of Monte Video and the five years afterwards, its tranquil,
)5anda Oriental shall cease imme. lity and security should be disturb,
diately after the installation of the ed by civil war, they shall lend
provisional one. the necessary aid to maintain and
Art. 7. The same representa- support the lawful government.
tives shall betake themselves after- After the expiration of the above
wards to the formation of the poli- term, all protection which is by
tical constitution of the province of this article promised to the lawful
Monte Video and the constitution,
; government of the province of
previously to being sworn to, shall Monte Video shall cease and the :

be examined by commission- said province shall be considered


ers from the two contracting go- in a state of perfect and absolute
vernments, for the sole object of independence.
seeing that it does not contain any Art. 1 1. Both the high contract-
article or articles opposed to the ing parties declare most explicitly
security of their respective states. and categorically, that whatever
Should this be the case, it shall be may happen to be the use of the
publicly and categorically set forth protection which in conformity to
by the said commissioners ; but the foregoing article, is promised
should there be a want of common to the province of Monte Video, it
accord in these, it shall be decided shall in all cases be limited to the
by the two contracting govern- restoration of order, and shall cease
ments. immediately that the object is at*
Art. 8. Any inhabitant of the tained.
province of Monte Video shall be Art. 12. The troops of the pro.
at liberty to leave the territory vince of Monte Video and those of
thereof, taking with him his chat- the Republic of the United Provin-
tels, without prejudice to a third ces, shall evacuate the Brazilian
person, until the constitution be territory in the precise term of two
sworn he do not wish to ad-
to, if months from the date of the ex-
here to it, or if it so suit him. change of the ratifications of the
Art. 9. There shall be present convention, the latter pass,
perpetual
and absolute oblivion of all politi- ing to the left bank of the river
cal acts and opinions whatever Plate or the Uraguay, with the ex.
done or professed previously to the ception of a force of 1500 men, or
ratification of the present conven- more, which the government of the
tion, by the inhabitants of the pro- aforesaid republic, if it deem fit,
vince of Monte Video, and of the may maintain in any part of the
territory of the Emperor of Brazil territory of the province of Monte
which has been occupied by the Video, until the troops of his ma-
troops of the republic of the United jesty the Emperor of Brazil com-
Provinces.
158] ANNUAL REGISTER, 1827-8-9.

pletely evacuate the city of Monte by sea and by land. The blockade
Video. shall be raised in the term of forty,
Art. 18. The troops of his ma- eight hours, on the part of the im*
jesty the Emperor of Brazil shall penal squadron; hostilities by
evacuate the territory of the pro- land shall cease immediately after
vince of Monte Video, including thisconvention and its ratifications
La Coloriia del Sacramento, in the are notified to the armies, and by
precise term of two months from sea, in two days to cape St. Mary,
the date of the exchange of the ra- in eight to St.
Catherine's, in fif-
tifications of the present conven- teen to cape Frio, in twenty -two
tion, and of
retire to the frontiers to Pernambuco, in forty to the
the empire, or embark, with the ex- Line, in sixty to the coast of Afri-
ception of a force of 1500 men, ca, and in eighty to the seas of
which his said majesty may main- Europe. All prizes made subse-
tain within the city of Monte Video, quently shall not be considered
until the installation of the provin- bona fide captures, and indemnifi-
cial government of the province, cation will be reciprocally made
under the express obligation of for them.

withdrawing this force, in the pre- Art. 16. All prisoners taken by
cise term of four months, first fol- either party during the war, by sea
lowing the installation of said pro- or by land, shall be set at liberty,
visional government, at the latest, as soon as the present convention
delivery, in the act of evacuation, is ratified and the ratifications ex-
the said city of Monte Video, in changed but those who have not
;

statu quo ante bellum, to commission- secured the payment of the debts
ers competently authorized da hoc contracted by them, cannot leave
by the lawful government of the the country in which they are.
province. Art. 17. After the exchange of
Art. 14. It is understood that the ratifications, both high con-
neither of the troops of the repub- tracting parties shall proceed to
lic of the United Provinces nor appoint their respective plenipo-
those of his majesty the Emperor tentiaries for the purpose of ad-
of Brazil, which in conformity to justing and concluding the defini-
the two foregoing articles, are to tive treaty of peace which is to be
remain temporarily in the province celebrated between the republic of
of Monte Video, must in any wise the United Provinces and the Em.
interfere in the political affairs, go- pire of Brazil.
vernment, institutions, &c. of the Art. 18. If, contrary to expec-
said province. They shall be con- tation, the high contracting parties
sidered as merely passive and on should not come to an adjustment
observation, kept to protect and in the said definitive treaty of
guaranty public and individual li- peace, through questions that may
berties and property; and they arise in which they may not agree,
cannot operate actively unless the notwithstanding the mediation of
lawful government of the province his Britannic majesty ; the repub-
require their assistance. lic and the empire cannot renew
Art. 15. As soon as the exchange hostilities, before the expiration of
of the ratifications of the present years stipulated in the tenth
five
convention takes place, there sha'l article
; nor even after this time
be an entire cessation of hostilities can hostilities take place, with*
PUBLIC DOCUMENTS. [159

uut notification being reciprocally Speech delivered by his Imperial


given, with the knowledge
of the Majesty, at the opening of the
months pre- sessions of the Legislature assem-
mediating power, six
bled on the third of May, 1823.
viously.
Art. 19. The exchange of the
August and worthy Representatives
ratifications of the present conven- of the Brazilian Nation,
tion shall be effected in the city of I open this assembly with the sa*
Monte Video, in the term of sixty tisfaction of informing you that our
soon- relations of friendship with Euro-
days from the date hereof, or
er if possible. pean powers continue and become
In testimony whereof, we, the un- daily more intimate. The empe-
of the ror of Russia, and the king of
dersigned plenipotentiaries
government of the United Provin- Saxony, have recognised this em-
ces, and his majesty the Emperor pire. This with the court of Ma-
of Brazil, in virtue of our full pow- drid is not the case, and it is the
ers, sign the present convention only government of Europe
which
with our hand, and seal it with the has failed to do so. Treaties of
seal of our arms. Done in the city commerce and navigation with the
of Rio Janeiro, on the 28th day of kings of Great Britain and Prussia
the month of August, in the year of are concluded and ratified I final- ;

the birth of our Lord Jesus Christ, ly inform you


that I have comple-
1828. my abdication of the
ted the act of
L. s.] JUAN RAMON BALCARCE. Portuguese crown, which 1 an-
L. s.] TOMAS GUIDO. nounced to you on the opening of
L. s.] MARQUEZ DE ARACATJT. the session of 1826. Equal rela-
L. s. JOSE CLEMENTE PEREIRA. tions of friendship and good intelli-
L. s.] JOAQUIN D'OLIVERA ALVA- gence exist between this empire
REZ. and the principal states of the Ame-
rican continent. The government
ADDITIONAL ARTICLE. of the United States has nominated
a Charge d'Affaires to this court,
Both the high contracting par-
instead of the one who left this, as
ties oblige themselves to employ
order
I announced to you on the opening
all means in their power in
of the last session.
that the navigation of the river
I have negotiations pending with
Plate, and of all others that empty the government of the Republic of
into it, may be kept free for the
Buenos Ayres, establishing the
use of the subjects of both nations,
basis of a just and decorous con-
for the space of fifteen years, in the
vention, such as the national ho-
form that may be agreed upon in
nour and the dignity of my impe-
the definitive treaty of peace.
rial crown demand. If this repub-
The present article shall have
lic refuses to acquiesce in the high-
the same force and vigour as if it
had been inserted word for word in ly liberal and generous proposi-
tions which proclaim to all the
the preliminary convention of this
world the good faith and moderation
date.
of the imperial government, what-
Done in the city of Rio Janeiro, ever may be the regret of my im-
&c. &c. perial heart, it will
be necessary
160] ANNUAL REGISTER, 18*27-8-9.

to continue hostilities, and to con- as from every individual who coni.


tinue them with redoubled energy ; poses it, the most perfect harmony
my immutable resolution. I
this is and mutual confidence between it
rely upon the general assembly for and the government. Upon this
the most firm and loyal co-opera- perfect harmony and mutual con-
tion in sustaining the national ho- fidence, which on the part of the
nour and glory, lest they suffer in government will be unalterable, I
this affair. boldly say, depends the welfare of
With respect to the internal af- the constitutional system, the or-
fairs, Icongratulate myself and this derly march of administration, and
assembly upon the order and tran- the national property, on which last
quillity which reign in all the pro- rests the glory of my imperial
vinces of this empire, which con- throne. The session is opened.
vinces me in the highest degree, Constitutional emperor and per-
the monarchial constitutional regi- petual defender of Brazil.
men is rapidly strengthening.
Iagain call the attention of the MESSAGE TO ASSEMBLY, APRIL, 1829.
chambers to the administration of
finance and justice, which I so much August and worthy Representatives
recommended to their cares in the of the Brazilian Nation,
" The
late session. depreciation of the notes
The finances and public credit of the Bank of Brazil, so injurious
will receive a beneficial impulse of the state, as well
to the interests
from the law for funding the public as detrimental to the developement
debt but very prompt and efficient
: of public wealth, has occupied the
legislative measures are necessary attention of the General Legislative
to harmonize the different branches Assembly, during the two last ses-
of their administration. The judi- sions. In both, the superabundance
cial power has not yet received the or excessive amount of notes in cir-
least improvement, and it is urgent- culation was acknowledged as the
ly necessary that in the course of cause of that same depreciation ; or
this session it should be regulated rather of the agio of metallic specie;

according to the principles of the of the fall in the exchange ; of the


constitution of the empire that ; rise in all kinds of merchandise ;

judgment may be awarded on con- of the increase in some branches of


stitutional|principles,which, insuring the national expenditure ; of the
to my subjects the security of pro- afflictions endured by numerous
perty which the constitution gua- families of the shifts to which the
;

ranties to them under this head, public functionaries are driven, as


will cause them to bless the sys- well as of private misery.
" The law of the 15th
tem, and assist me to maintain it. November,
The ministers and secretaries of 1827, by prohibiting new issues on
state will present to the chambers, the part of the bank, and authoriz-
with the exactness compatible with ing the calling in of 6,000 contos,
the actual circumstances, the state at least, of the notes in circulation,
of the various branches of the ad- most assuredly would have dimi-
ministration. nished, if not removed, that cause,
Iexpect from the loyalty and if the means pointed out for the
wisdom of this assembly, as well buying up or exchange of those
PUBLIC DOCUMENTS,

notes had not failed when reduced be, delivered over to the bank.
to practice, it
being found impos- At the same time the government
sible to sell government securities endeavoured to interest the board
at par, bearing an interest of five of bank directors in the urgent
per cent., according to the terms operation of calling in the notes,
of article 22 of the said law. As, by allowing, for that purpose, only
therefore, the means of calling in the sale of the precious metals
the notes became impracticable,
e^ptin^
in its own coffers, and re-
the prohibition of fresh issues could quiring the pledge of a real aid and
not of itself suffice to repress intervention in the enterprise of
the influence of the superabun- calling in as far as four thousand
dance already existing and ac- contos of notes. Documents No.
knowledged. 2 to 6 contain the correspondence,
"
During the last session, the which, on this subject, passed be-
General Assembly had occasion to tween the treasury and the bank.
"
observe that, notwithstanding for Finally, from the month of
six or eight months the amount of October in last year, the govern-
notes in circulation had been sta- ment resolved not to issue, as in
tionary, the difficulty on that ac- fact it has not done up to the pre-
count was not the less aggravated. sent moment, any amount in bills
The value of the precious metals of exchange from this place on Lon-
did not cease to rise, and the rate don, or beyond the territory of the
of exchange to fall; whilst, as no empire, at the same time taking
legislative measure was enacted every due measure for the exact and
before the close of the session, in necessary payment of the Brazilian
order efficaciously to remedy the and Portuguese loans, contract-
cause of the evil, it was consequent- ed in England, in the manner that
ly to be expected and feared that it will he made known to the Assem-
would go on increasing. bly in due season.
" The "
government, aware of the Although these measures sus-
impending calamity, in time busied tained the exchange at 30, during
itself to adopt preventive measures. the two last months in the past year,
After hearing the opinion of the they could not, nevertheless, any
Council of State, it began to pur- longer answer the end for which
chase notes of the bank, in order they were proposed, and the go-
to withdraw them from circulation, vernment beheld with regret the
agreeably to the 1st section of arti- inefficiency of the means left at its
cle 21 of the aforesaid law of 15th disposal to dispel the torrent of
November, confirmed by the de- discredit attending the bank paper.
cree of the 20th of August in last In a word, the agio which in Janu-
year ;and, as shown by document ary, 1828, was, in reference to cop-
No. 1, was able to sell, in Decem-
it
per, silver, and gold, 20, 48, and
ber in last year, and January in the 100 per cent., now became 40, 110,
current one, as far as the amount and 190 ; whilst the exchange,
of 1,934,600,000 reis of govern- which was then at 32|, fell as low as
ment securities, bearing an interest 20, and scarcely has it, at this
of 6 per cent. , which, at the price present time, attained 23, as may
of 65, produced 1, 257,490,000 reis, be seen from document No. 7;
which, already have, or shortly will and this at a moment when the
21
162] ANNUAL REGISTER, 1827-8-9.

amount of notes in circulation, far year, attests that in 1827, 29,787


from having been increased, has, slaves entered this port in 1828,;

on the contrary, experienced some 43,555 and that during the three
;

reduction, owing to the calling in of first months of the present year, not

them, which had already commen- yet quite complete, we have re-
ced. ceived 18,459.
" In the " Document No.
opinion of the 11, shows that
frient, this phenomenon is go the mint of the city, established in
than the necessary effect of the 1803, has coined, from the period
cause itself, so long ago acknow. of its opening to the 23d March in
ledged, and at present aggravated the- current year, 7,875,184,413
by some excess of importation by ;
reis in copper, viz., from its esta-
the late effort in the slave trade ;
blishment to ;he end of D. -comber,
by the forced issue of copper 1825, 2,633,529,350, and from the
money, and by the failure of specu- commencement of January, 1826,
lations, encouraged by the war and to the 23d of the last month,
spoiled by the peace. 5,241,654,563.
" Document No. " These are the
8, exhibiting the circumstances,
annual revenue of the custom beyond all doubt, which have ren-
house in this city, from the month dered the situation of the state
of January, 18:25, to the 26th of more difficult than it was fifteen
March, in the current year, shows, months ago. To private interest
in the year 1828, compared with and time it belongs to remedy the
1827, an increase of revenue equal evil which arose out of the exces-
to 1,775,350,167 reis, which sup- sive importations of goods and
poses an excess of imports amount- slaves whilst on the legislative
;

ing to 11,336,000,000 reis, calculat- body alone it devolves to provide


ing the duties at 15 per cent., and, against that resulting from a pre-
at the same time, barring contra, judicialcoin, by destroying the
band and favourable valuations ;
cause which rendered it neces-
whereas, on other hand, docu-
t ,e sary.
ment No. the annual " Even where
9, exhibiting any other proof
revenue of the Export Board, dur- were wanting to the government,
ing the same period, only shows in the painful experience of two years
the year 1828, compared with 1827, would be sufficient to point out the
an increase of 80,928,577 reis, urgent necessity of an heroic
which supposes an excess of exports measure, in the crisis in which we
amounting to 4,046,000,000 reis, are placed.
duties being levied at 2 per cent. ; " The
report of the committee of
and it is not to be presumed that inquiry, instituted by the decree
the contraband articles, including and instructions of the 3d June in
precious stones and metals, can last year, satisfying with every pos-

scarcely amount to the difference sible exactitude the queries of the


of 7,990,000,000 reis ^suiting in chamber respecting the situation of
favour of the importation. the bank, furnishes at the same time
" Document No. the most clear data at once to show
10, containing
a return of the slaves imported into the necessity of the salutary in-
this place from January, 1820, to fluence of the legislative body in
the 26th of March in the current the administration and affairs of
PUBLIC DOCUMENTS. [163

that establishment ;
and to remove guish the debt of the government
all doubt of its being possible to to the Bank.

remedy, without sacrifices to the "Since, therefore, the sacrifice


state, the evils arising out of a cir- is necessary, and that it becomes

culation devoid of credit. The re- imperative, under present circum-


port has been printed and submit- stances, to avail ourselves of some
ted to the consideration of the Ge- one of the means pointed out, the
neral Assembly, and the members government is persuaded that the
of the committee who presented first is not so dangerous as the se-
it are
deserving of public acknow- cond, nor so onerous as the third ;

ledgment for the zeal with which and it is besides fully sensible of the
they served and the difficulties necessity of taking measures lor the
which they overcame. administration and settlement of the
" It is therefore affairs of the bank, by supporting
unquestionable
that the primary cause of the exist- and securing the circulation of its
ing calamity the superabundance
is notes, guaranteeing its
deposits,
of notes ; it consequently, our
is, and by obtaining for the sharehold-
duty to withdraw them as soon as ers a reasonable profit. I have

possible. And as it cannot be ex- resolved to draw up, and, by his


pected that the bank will be able majesty the Emperor's orders, I
to realize so expensive an opera- have the honour to submit to you
tion, the state is bound to do it, the following :

since the state is a debtor to the Art. 1. The Bank of Brazil shall
bank ; and the national credit, be administered by a commission
which cannot sustain itself on any of seven members, four of whom
other basis than justice and good shall be appointed by the govern,
faith, is highly implicated in its cir- ment, and three by a majority of
culating medium. votes ora general assembly of the
" The said bank. The government will
government, convinced
of the solidity of the reasons above select the president of the commis-
manifested, cannot but deplore the sion from among the seven mem.
nature of the means which appear bers, and the said assembly shall
obvious and efficient for this opera- fix the monthly remuneration which
tion of paying off the discredited shall be due to their services. As
notes. They are these 1st. To soon as the commission is insfalled,
contract a loan in specie, sufficient all the existing
agreements with the
to cover the amount of the notes bank shall cease.
lent to the government by the bank, Art. 2. The directing commission
by applying new branches of the shall by incessantly engaged first,
revenue for the gradual extinction in withdrawing from circulation all
of the same. 2dly. To convert the notes which are payable at the
notes into paper-money of a different bank, or may have a metallic cur-
standard, that they may circulate rency ; secondly, in ascertaining
throughout the whole empire, by the exact number of notes in circu-
assigning fresh capitals, in order lation, substituting for them new
gradually to pay it off; and, 3dly, ones, which shall be signed by two
to sell national property and impose members in
; thirdly, winding up
heavy taxes, in order that the pro- all the accounts of the bank, and
ceeds may, in a few years, extin- especially those relating to the debt
164] ANNUAL REGISTER, 1827-8-0.

of government :
fourthly, in liquida- of the administration of them and ;

ting all the regular transactions of when the commission has conclu-
the bank, which may be found still ded the liquidation of the bank's
pending ; fifthly, in receiving the debts and credits, and redeemed its
active credits of the bank, and li- notes, they shall distribute the ba-
quidating the passive ones forth with ; lance which may remain among the
and sixthly, in examining the state shareholders, and then dissolve the
of the Bahia Orphans' Fund, and of establishment.
St. Paul, and to liquidate both with Art. 7. The government shall be
speed. authorized to contract a loan in gold
Art. 3. The government shall or silver specie, equal to the three
give to the directing commission the fifths of the amount of its actual

necessary instructions, and will debt to the bank. The produce of


decide on cases of doubt, which this loan shall be exclusively ap-

may occur in the execution of the plied to the purchase of notes of the
preceding article. said bank which are in circulation,
Art. 4. The nation shall ac- according to the value they may be
knowledge the current value of the found to bear on the market and :

all the notes thus bought up shall


present notes of the Brazil bank,
and those which may be substituted have ho longer any value, excepting
for them, so that they may freely as payment to the directing com-
circulate, and be received as readi- mission on account of the said debt
ly as specieby the public until they to the bank.
are duly redeemed, in security for Art. 8. The purchased notes from
which the primitive funds of the the market, which are to be can-
bank are assigned that is, its celled and delivered to the direct-
funds of reserve, or the metallic ing commission, shall remain for
funds existing in its coffers, the the account of the Junta, and em-
debt of the government, the debts ployed in the reserve fund created
of private individuals toihe bank, by the law of the 16th of Novem-
and every thing else which may ber, 1827, so that they may b
constitute the credits of the bank. delivered up by the public treasury
The deposits in the bank are also to the Junta in extinction of the said
assigned as security to the public. loan, in proportion as they are
Art. 5. The debt of the govern- received.
ment to the bank, before and after Art. 9. The produce of the loan,
the liquidation by the directing authorized by the present law, shall
commission, shall continue to pay not be applied to any purpose but
an interest of 1 per cent., which will that which is specified in the 7th
be given by the public treasury article, on pain of the penalties
to the said commission, that it
may attached to those who dissipate the
be divided half-yearly among the national property ; neither shall the
shareholders. bank note withdrawn with that pro-
Art. 6. The directing commis- duce be applied to any other purpose
sion shall render to the government than that specified in that article,
a monthly account of their labours, under pain of the same penalties.
and shall every year lay before Art. 10. (This article authorizes
the Legislative Assembly a state- the Chamber of Deputies to furnish
ment of the affairs of the bank, and the necessary subsidies, or a suffi
PUBLIC DOCUMENTS. [165

cient revenue, for the annual pay- fund reserved for the loan in ques-
ment of interest, and for the sinking tion.)

BUENOS AYRES.
MESSAGE OP THE EXECUTIVE OF BUENOS-AYRES TO THE LEGISLATURE, 1828.

Gentlemen Representatives, must be hereafter united. It has


The government of the province the satisfaction to announce to you,
of Buenos-Ayres, sees with the that the result has corresponded
greatest satisfaction the opening of with hopes, and that reason has
its

the seventh legislative assembly. rarely obtained a triumph so easy


At this moment are realized the and rapid in the midst of so much
hopes conceived on the first days of agitation. The government has
the revolution ; thereforejit presents cause to congratulate itself in the
itself with the fullest confidence to naming of the deputies who have
salute the honourable representa- acted in a negotiation so import-
tives, and to give a faithful ac- ant. The provinces, in addition
count of the affairs confided to its to having withdrawn their arms
direction. Nevertheless, it is not from civil war, have given them a
possible to do so with the same mi. more noble direction, and have
nuteness as heretofore, the war named representatives to form a
having paralyzed a portion of the convention in the city of Santa Fe,
means of interior improvement; which will probably have the good
and for this reason,it can only fortune to lay the foundation of
speak of the most important points, the national happiness.
as far as the actual state of *the The negotiations for peace with
country will permit. Internal his majesty the emperor of Brazil,
tranquillity has been the first ob- still continue, and there are well-

ject to which it directed its atten- founded hopes that the day is not
tion, satisfied that without that we far distant in which the war will
should be condemned by the world, terminate aatisfactorily ; notwith-
and be the derision of our enemies. standing which, the government,
Past experience has not been suffi- sensible that honour is the vital
cient to convince us, that the form- principle of nations, continues to
ation of a state is subjected to the support it at every sacrifice, until
general laws of nature, in which peace can be realized ; and hopes
nothing can arrive at perfection ex- that, should necessity require it,

cept slowly and progressively. The you will with pleasure make every
government, acting upon this prin- necessary sacrifice. The nations
ciple, applied itself to the extinc- of our continent continue to give
tion of discord and re -establishment us proofs of their good wishes, and
of the quiet of the interior, under Great Britain renders us constantly
whose shade alone can flourish the the good offices of a true friend.
real interests by which the nation The officers and forces by land and
166J ANNUAL REGISTER, 1827-8-9.

sea have displayed great constancy if itfound necessary.


is But the
and bravery, and have obtained most important is, that in this
considerable advantages, which re- establishment we have occupied
commend them to the respect and the interesting position of White
gratitude of every good citizen. Bay, (Bahia Blanca,) which is sur-
When it appeared that the war was rounded with commodious har-
at a stand, and that the armies of bours, agricultural land, and ex-
the two hostile powers faced each tensive woods. Its maritime coasts
other, without either being able to abound with fisheries, and some
advance, an intrepid chief, with a ports, enabling us to have hereafter
handful of Argentines, has reco- a respectable marine, which will
vered our old possessions of the be the shield of the republic.
" Misiones Oriwntales The communication to Chile by
;" his force
has been there increased, and the land, from the same point, is short
joy evinced by the inhabitants in and convenient; and the navigation
returning to the bosom of the re- of the Red river (Rio Colorado)
public, sufficiently proves the ab- will perhaps afford a more easy
surdity of conquest. The expedi- exportation of the produce of some
tion from the north now marching of the interior provinces. The
to the same point, when united to government has ordered the land
the said force, will form a respect- to be surveyed, and to trace out
able army, the expense of which is the most proper place to erect a
" New Buenos
inconsiderable, and which can easi- city, to be called the
ly combine its operations with the Ay res." The importance to which
main army, and will prove the it
likely to arrive gives
is it a
symbol of the concord and enthu- claim to so glorious a title. The
siasm of the provinces. zeal manifested in this undertak-
The militia of the city and the ing, by all those charged with the
country, which had been almost execution of it, deserves the highest
dissolved, and in a state of nullity, praise. Through the stagnation
has been reorganized, and performs of our foreign commerce, that of
important services, enabling the the interior has rapidly increased,
troops of the line to be placed on especially those capitals that have
the frontiers, and wherever their been applied to agricultural pur-
attentions may be called for in the poses, labourers being abundant,
foreign war. The new line of from the cessation of the impress.
frontier is established this under-
; In the midst of all this, the
taking, as desirable as it is im- establishment of public grammar-
portant, commenced under the most schools for children in the city and
auspicious circumstances. The In. country required particular atten-
dians, with whom the government tion. The government took them
continues the measures of peace into consideration, and having
and conciliation with the most placed at the head of them an
happy effects, will no more commit individual who is well known for
depredations with impunity, and his philanthropy, it has produced
the immense acquisition of territory the desired effect. Private colleges
has doubled the guaranty of the and houses of education have be-
public debt, so that this burden gun to be established ; the govern-
may be taken off in a short time, ment encourages, by every means,
PUBLIC DOCUMENTS. [167

this species of industry, the most of the 8th of May has suppressed
useful for the country, and hopes in part this licentious writing,
that in a short time it will not be and public opinion will by degrees
necessary for youths to cross the banish it. The administration of
seas, seeking the treasure of science justice requires a change, from
with the dunger ol losing those which considerable advantages are
sentiments which alone can be expected. The government will
cultivated in native land.
their have the honour of laying it before
The ladies of the Benevolent So- you your consideration.
for Of
ciety have shown in the
present all domestic wants, none is
our
year how much the nation is in- more urgent than to fix, in a
debted to them for their assiduous certain and positive manner, the
efforts to forward education. The basis of the national bank. This
public schools continue in the establishment, at present, requires
same state :that of San Miguel the strongest guaranties ; and to
has improved. The works at the give them, it will be only necessa-
cathedral church, and of the high ry to act with prudence.
road to Ensenada, and the canal of As the province of Buenos Ayres
San Fernando, are nearly com- has provided exclusively the funds
pleted. Many country towns have for the defence of the nation, it is
been assisted with funds to repair but fair to state that when the pre-
their churches, or *to^mild new sent administration shall have been
ones; and until, in process of time, one year in office, in August next,
our laws and customs be improved, they have expended 1,000,000
will
a. new prison for debtors is fitting of dollars less than they had cal-
up. The hospitals, especially that culated upon; after having dis-
for women, receive important im- charged enormous outstanding
provements the government thus
; debts, established the frontier,
endeavouring to alleviate the suf- clothed, armed, and paid the army
ferings of the unfortunate. The and navy, paid for the transport
important establishment of vaccina- and armament of the contingents
tion has been augmented, and its from the provinces, provided the
utility has never been more felt expenses of foreign affairs, and
than at this moment whilst the :
nearly all those of the convention;
neighbouring provinces are visited supplied the parks of artillery and
by the terrible scourge of the magazines, having attended at the
small-pox, it has scarcely been felt same time to the internal expense
in this city, and the government of the province. It is true that
has put in practice every means
they have suspended for the present
entirely to eradicate it. the payment of the interest upon
The liberty of the press has of the loan in London, and that this
late been greatly abused. Some dreadful measure was foreseen in
ill-advised persons have carried its
making the above calculations, but
licentiousness to such an extent as it was one of those alternatives
to bring discredit upon the country necessary to be taken, in order to
among foreign nations, where it is avoid greater evils the operation
:

not possible to know that such pro- of issuing paper in Buenos Ayres
ductions only produce here con- to send gold -to England would be
tempt for their authors. The law like adding fuel to fire, and, in
168] ANNUAL REGISTER, 1827-8-9.

the end, would devour all. The have been supressed as will be
;

government has the satisfaction to also other departments and ex-


learn, by means of a respectable penses, not because the govern-
house in London, to whom it has ment did not recognise their utility,
confided the management of this taken in the abstract, but because
affair, that the holders of the bonds they were in disproportion with its
have duly appreciated the circum- means to sustain them, and there-
stances of the country, not doubt- fore served only as a vain appear-
ing that the government intends ance. The government, in this
to (as it most certainly will) remit respect, despising any ephemeral
to them, upon the first opportunity, popularity, will perform its duty.
the funds necessary for the fulfil- The expenses of the war have
ment of its engagements. Every been reduced to the lowest possible
day proves the necessity of placing amount. It can assure you that
the direct taxes upon a solid founda- the charges, in this respect, upon
tion, and that the projects of law the revenue, is hardly one third of
in that respect, submitted in the what might be expected.
preceding session, should receive Finally, gentlemen representa-
your sanction as soon as possible ; tives, if a comparative view is taken
the government on its part is pre- of the present state of the province,
pared to give a new form to the and that in which it was in the
mode of collection. The system month of ^igfust last year, it ought
of confiding to particular indivi- to be viewed as very satisfactory.
duals, in farming it out, might be The government confides in your
very well at the commencement, enlightened and cordial co-opera-
but now that more information tion, not only in sustaining the
has been obtained upon the sub- present institutions, but in advan-
ject, it will be advisable to ad- cing them to greater perfection.
minister it by persons permanently MANUEL DORREGO.
employed, with adequate salaries, JOSE MARIA ROXAS.
who can be promoted according to JUAN RAMON BALCARCE.
their merits. To the very Hon. Junta of Re-
The department of engineers, presentatives of the province
architects, and botanical garden. of Buenos- Ayres.
PUBLIC DOCUMENTS, [169

EUROPE.

GREAT BRITAIN.

IMPERIAL PARLIAMENT.

THE session of Parliament was interruption, and to depredations,


opened Jan. 29th 1828 by commis- too often aggravated by acts of
sioners, appointed by his majesty, violence and atrocity.
who delivered the following speech : His majesty has felt the deepest
My Lords and Gentlemen, anxiety to terminate the calamities
We are commanded by his ma- and avert the dangers, inseparable
jesty to acquaint you, that his ma- from hostilities which constitute the
jesty continues to receive from all only exception to the general tran-
foreign princes and states, assu- quillity of Europe.
rances of their desire to maintain Having been earnestly entreated
the relations of amity with this by the Greeks to interpose his
country, and that the great powers good offices, with a view to effect
of Europe participate in the earnest a reconciliation between them and
wish of his majesty to cultivate a the Ottoman Porte, his majesty
good understanding upon all points concerted measures for that pur-
which may conduce to the preser- pose, in the first instance, with the
vation of peace. Emperor of Russia, and subse-
His majesty has viewed for some quently with his imperial majesty
time past, with great concern, the and the king of France.
state of affairs in the east of Eu- His majesty has given directions
rope. that there should be laid before
For several years a contest has you copies of a protocol, signed at
been carried on, between the Ot- St. Petersburg by the plenipoten-
toman Porte, and the inhabitants tiariesof his majesty, and of his
of the Greek provinces and islands, imperial majesty the emperor of
which have been marked on each Russian the 4th of April, 1826,
side by excesses revolting to hu- and of the treaty entered into be-
manity. tween his majesty and the courts
In the progress of that contest, of the Thuilleries, and of St. Pe-
the rights of neutral states, and the tersburg, on the 6ih of July, 1827.
laws which regulate the intercourse In the course of the measures
of civilized nations, have been re- adopted with a view to carry into
peatedly violated, and the peace- effect the object of the treaty,
ful commerce of his majesty's sub- a collision, wholly unexpected by
jects has been exposed to frequent his majesty, took place in the port
li-oj ANNUAL REGISTER,
of Navarin, between the fleets of peror of Brazil, and with the Uni-
the contracting powers, and that of ted States of Mexico. Copies of
the Ottoman Porte. which will, by his majesty's com-
Notwithstanding the valour dis- mand, be laid before you.
played by the combined fleet, his Gentlemen of the House of
majesty deeply laments that this Commons,
conflict should have occurred with His majesty has ordered the
the naval force of an ancient ally ;
estimates for the current year to be
but he still entertains a confident laid before you. They have been
hope, that this untoward event will prepared with every regard to eco-
not be followed by further hostili- nomy consistent with the exigency
ties^ and will riot impede that ami- of the public service. We are com-
cable adjustment of the existing manded by his majesty to recom-
differences between the Porte and mend to your early attention, an
the Greeks, to which it is so mani- inquiry into a state of the revenue
festly their common interest to ac- and expenditure of the country.
cede* His majesty is assured that it
In maintaining the national faith, will be satisfactory to you to learn

by adhering to the engagements that, notwithstanding the diminu-


which his majesty has entered,
into tionwhich has taken place in some
his majesty will never lose sight branches of the revenue, the total
of the great objects to which all amount of receipt during the last
his efforts have been directed, year has riot disappointed the ex-
the termination of the contest be- pectations which were entertained
tween the hostile parties, the at the commencement of it.

permanent settlement of their fu- My Lords and Gentlemen,


ture relations to each other, and His majesty has commanded us
the maintenance of the repose of to inform you, that a considerable
Europe, upon the basis on which increase has taken place in the ex-
ithas rested since the last general port of the principal articles of Bri-
treaty of peace. tish manufacture.
His majesty has the greatest sa- This improvement of our fo-
tisfaction in informing you that the reign trade has led to a more gene-
purposes for which his majesty, ral employment of the population,
upon the requisition of the court of and affords a satisfactory indication
Lisbon, detached a military force of the continued abatement of those
to Portugal, have been accom- commercial difficulties which re-
plished. The obligations of good cently affected so severely the na-
faith have been fulfilled, and the tional industry.
safety and independence of Portu- His majesty commands us to
gal secured, his majesty has given assure you, that he places the firm-
orders that the forces now in that est reliance upon your continued
country should be immediately endeavours to improve the condi-
withdrawn. tion of all classes of his subjects,
We are commanded by his ma- and to advance the great object of
jesty to acquaint you, that his ma- his majesty's solicitude the pros-
jesiy has concluded treaties of perity and happiness of his peo-
amity and commerce with the cm- ple.
PUBLIC DOCUMENTS. [171

SPEECH TO PARLIAMENT, and concert with the al-


to effect, in
1829. the pacification of Greece.
lies,
On the 5th of February,1829, par- " The Morea has been liberated
liament was opened by his majesty's from the presence of the Egyptian
commissioners, the duke of Welling, and Turkish forces.
" This
ton, earl of Shaftsbury, earl Ba- important object has been
thurst and lord Ellenborough, the accomplished by the successful
lord chancellor read the following exertions of the naval forces of his
speech :
majesty, and of his allies, which led
" with the pacha of
My Lords and Gentlemen, to a convention
"His majesty commands us to in- Egypt and finally, by the skilful
;

form you that he continues to re- disposition and exemplary conduct


ceive from his allies, and generally of the French army, acting by
from all princes and states, the as- the command of his most Chris.
surance of their unabated desire to tian majesty on the behalf of the
cultivate the most friendly relations alliance.
" The
with his majesty. troops of his most Christian
" Under the mediation of his ma-
majesty having completed the task
jesty, the preliminaries of a treaty assigned to them by the allies, have
of peace between his imperial ma- commenced their return to France.
" It is with
jesty the emperor of Brazil, and the satisfaction that
great
republic of the United Provinces of his majesty informs you, that during
Rio de la Plata, have been signed the whole of these operations, the
and ratified. most cordial union has subsisted
" His
majesty has concluded a con- between the forces of the three pow-
vention with the king of Spain, for res by sea and land.
the final settlement of the claims of " His
majesty deplores the con,
British and Spanish subjects prefer- tinuance of hostilities between the
red under the treaty signed at Mad- emperor of Russia, and the Ottoman
rid on the 12th March, 1823. porte.
" His " His
Majesty has directed a copy imperial majesty, in the
of this convention to be laid before proscecution of those hostilities, has
you, and his majesty relies upon considered it necessary to resume
your assistance to enable him to the exercise of his belligerent rights
execute some of its provisions. in the Mediterranean, and has es
" His
majesty laments that his tablished a blockade of the Dar-
diplomatic relations with Portugal danelles.
are still necessarily " From the
" suspended. operation of this bloc.
Deeply interested in the pros- kade, those commercial enterprises
perity of the Portuguese monarchy, of his majesty's subjects have been
his majesty has entered into
nego- exempted, which were undertaken
tiations with the head of the house of his majesty's de-
upon the faith
of Braganza, in the hope of termi- claration to his parliament respect-
nating a state of affairs which is ing the neutrality of the Mediter-
incompatible with the permanent ranean sea.
tranquillity and welfare of Portugal.
" it has become indis-
" His Although
majesty commands us to pensable for his majesty and the
assure you that he has laboured un- co-
king of France to suspend the
remittingly to fulfil the stipulations of their forces with those
operation
of the treaty of the 6th July, 1827, of his imperial majesty, in conse*
173] ANNUAL REGISTER, 1827-8-4.

quence of this resumption of the his majesty to maintain his just


exercise of his belligerent rights, the authority.
best understanding prevails between " His
majesty recommends, that
the three powers in their endeavours when this essential object shall
to accomplish the remaining objects have been accomplished, you should
of the treaty of London. take into your deliberate considera-
"Gentlemen ofthe House of Commons, tion the whole condition of Ireland ;
We
(l
are commanded by his ma- and that you should review the laws
jesty to acquaint you, that the es- which impose civil disabilities on
timates for the current year will his majesty's Roman Catholic sub-
forthwith be laid before you. jects.
" His relies on your " You will consider whether the
majesty
readiness to grant the necessary removal of those disabilities can be
supplies, with a just regard to the effected consistently with the full
exigencies of the public service, and permanent security of our es-
and to the economy which his ma- tablishments in church and state,
jesty is anxious to enforce in every with the maintenance of the reform-
department of the state. ed religion established by law, and
" His of the rights and privileges of the
majesty has the satisfaction
to announce to you the conti- bishops and of the clergy of this
nued improvement of the revenue. realm, and of the churches commit-
The progressive increase in that ted to their charge.
branch of it which is derived from " These are institutions which
articles of internal consumption is must ever be held sacred in this
peculiarly gratifying to his majesty, protestant kingdom, and which it is
as affording a decisive indication of the duty and the determination of
the stability of the national re- his majesty to preserve inviolate.
" His
sources, and of the increased com- majesty most earnestly re-
fort and prosperity of his people. commends to you to enter upon the
" Lords and Gentlemen, consideration of a sbject of such
My
" The state of Ireland has been
paramount importance, deeply in-
the object of his majesty's continued teresting to the best feelings of his
solicitude. people,jand involving the tranquillity
" His
majesty laments that, in and concord of the United Kingdom,
that part of the United Kingdom, with the temper and the moderation
an association should still exist which will best insure the successful
which is dangerous to the public issue of your deliberations."
with the
peace, and inconsistent
spirit of the
constitution ; which PROROGATION OF PARLIAMENT,
keeps alive discord and ill-will JUNE 24th, 1829.
amongst his majesty's subjects and ; Lord Commissioners The Lord
which must, if permitted to continue, Chancellor, the Duke of Welling-
effectually obstruct
every effort ton, the Marquis of Winchester,
permanently to improve the condi- Earl of Rosslyn, and Lord Ellen-
tion of Ireland. borough.
" His
majesty confidently relies The Speech was delivered by the Lord
on the wisdom and on the support Chancellor :

of his parliament, and his majesty


" Lords and Gentlemen,
My
feels assured that you will commit "We are commanded by his
o him from
sucji powers as may enable majesty, in releasing you
PUBLIC DOCUMENTS. [178
" with increased regret that
your attendance in parliament, to It is

express to you his majesty's his majesty again adverts to the


acknowledgments for the zeal and condition of the Portuguese mo-
assiduity with which you have ap- narchy. But his majesty commands
plied yourselves to the despatch of us to repeat his determination to
public business, and especially to use every effort to reconcile con-
the consideration of those im- flicting interests, and to remove the
portant matters which his majesty evils which press ao heavily upon
recommended to your attention at a country, the prosperity of which
the opening of the session. must ever be an object of his
" His
majesty directs us to inform majesty's solicitude.
you, that he continues to receive
*'
Gentlemen of the House of Com-
from his allies, and from all
foreign mons,
11
powers, assurances of their earnest His majesty commands us to
desire to cultivate the relations of thank you for the supplies which
peace, and maintain the most you have granted for the service of
friendly understanding with his ma- the year, and to assure you of his
jesty. majesty's determination to apply
" His them with every attention to econo-
majesty laments lhat he
has not to announce to you the my.
termination of the war in the east "
My
11
Lords and Gentlemen)
of Europe but his majesty com-
;
His majesty has commanded
us,
mands us to assure you that he will in conclusion, to express the sincere
continue to use his utmost endea- hope of his majesty, that the im-
vours to prevent the extention of portant measures which have been
hostilities, and to promote the re- adopted by parliament in the course
storation of peace. of the present session, may tend,
" It is with satisfaction his ma- under the blessing of Divine Provi-
jesty informs you, that he has been dence, to establish the tranquillity
enabled to renew his diplomatic and improve the condition of Ire-
relations with the Ottoman Porte. land and that, by strengthening
;
" The ambassadors of his majesty, the bonds of union between the
and of the king of France, are on several parts of this great empire,
their return to Constantinople and ; they may consolidate and augment
the emperor of Russia, having been its power, and promote the
happi-
pleased to authorize the plenipoten- ness of his people."
tiaries of his allies to act on behalf
of his imperial majesty, the nego-
tiations for the final pacification of Convention between his Majesty and
Greece will be carried on
in the
her royal highness the Infanta
name of the three contracting par- Regent of Portugal) for providing
ties to the treaty of London. for the maintenance of a corps of
" The British troops, sent to Portugal
army of his most Christian
Dec. 1826; signed at Brighthelm-
majesty has been withdrawn from
the Morea, with the exception of a ston, Jan. 19, 1828.
small force destined, for a time, to In the name of the most holy
assist in the establishment of order and undivided Trinity, <fec.
in a country which has so long been Her royal highness the infanta
the scene of confusion and anarchy. regent of Portugal having, in con-
174J ANNUAL REGISTER, 1827-8-9

sequence of aggressions committed cattle of the British auxiliary ar-


against the Portuguese territory, my, according to the regulations of
claimed the fulfilment, by his ma- the British service.
jesty the king of the united 2. The provisions and forage

kingdom of Great Britain and above specified are to be delivered


Ireland, of the ancient treaties of to the British commissariat, at a
alliance and friendship which sub- distance not greater than six Por-
sist between the two crowns ; tuguese leagues from the head-
and his Britannic majesty having quarters of each British detach-
thereupon resolved to send, and ment to which they are supplied,
having actually sent, a body of unless in cases where a different
troops to Portugal, the two high arrangement shall be made, with
contracting parties think it neces- the consent of the British commis-
sary to agree upon certain arrange- sariat.
ments for the maintenance of the 3. In order to obviate the diffi.

said troops during their stay in cultieswhich an immediate dis-


Portugal, and have named as their bursement of funds for the pur-
plenipotentiaries for that purpose, chase of the aforesaid provisions
viz. : and forage might occasion, under
His majesty the king of the the present circumstances, to the
united kingdom of Great Britain government of Portugal, it is
and Ireland, the right hon. George agreed that the British commis-
Canning, &c. And her royal sary-general shall, for the present,
highness the infanta regent of provide those supplies for the Bri-
Portugal, the most illustrious and tish army, charging the cost there-
most excellent lord, Don Pedro de of to the account of the Portuguese
Souza e Holstein, marquis of Pal- government.
mella, &c. As, however, cases may arise, in
Who, after having communicated which it may be more convenient
toeach other their respective full to receive such supplies from Por-

powers, found to be in due and tuguese magazines, for the pur-


proper form, have agreed upon pose of avoiding competition in the
and concluded the following ar- markets, the British commissary-
ticles :
general shall, in the execution of
Art. 1. Her royal highness the this agreement, concert his pro-
infanta regent of Portugal, anxious ceedings, from time to time, with
that the body of troops which has a person appointed for that end by
been so promptly sent to her royal the government of Portugal.
highness's aid by his Britannic ma- 4. The accounts of the British
jesty should be treated with the commissariat being approved and
hospitality becoming the relations signed by the commander of the
of the two allied nations, engages auxiliary army, shall be delivered
to provide the necessary barracks every three months to the Portu-
and quarters, and buildings for hos- guese government, which, having
pitals, and for stores and maga- verified the same, shall either pay
zines, and the necessary rations of the amount thereof forthwith to
provisions and forage, for the offi- the British commissary-general, or
cers, non-commissioned officers, carry it over to the credit of the
ancl soldiers, and for the horses and British government, as shall be
PUBLIC DOCUMENTS. [175

judged most convenient by the two maintenance of his troops, and for
governments. the good of the common service,
5. The cost of provisions and declares that he will not bring for-
forage for the British troops shall ward any pecuniary claims what-
be placed to the account of the ever against the Portuguese go.
Portuguese government, trom the vernment, on account of the assist-
day of the landing of the said ance furnished by his majesty on
troops in Portugal, and shall cease thisoccasion to Portugal, beyond
to be placed to that account from what is specified in the preceding
the day of their departure, or of articles.
their passing the frontiers of Por- 8. The stipulations of this con-

tugal. vention shall remain in full force


6. Her royal highness the in* until the two high
contracting par-
fanta regent of Portugal having ties shall mutually agree to make
consented that on this, as on for- any change therein.
mer occasions, the forts of St. Ju- 9. The present convention shall
lien and of Bugio shall be occu- be ratified, and the ratifications
pied by the British troops, it is shall be exchanged in London^ inthe

agreed that the said occupation space of six weeks from the date
shall continue so long as the hereof, or sooner if possible.
auxiliary army shall remain in In|witness whereof, the respec-
Portugal. Those forts shall be, tive plenipotentiaries have signed
from time to time, duly provision- the same, and have affixed thereto
ed by the Portuguese government, the seals of their arms.
or by the British commissariat DoneatBrighthelmstone, the 19th
on account of the Portuguese go- day of January, in the year of our
vernment, in the same manner as Lord 1827.
is provided in the foregoing ar- (L. s,) GEORGE CANNING.
ticles with respect to the auxiliary (L. s.) MARQUEZ DE PALMELLA.
army.
Arrangements shall be made be-
tween the government of Portugal Despatch from the Right Hon. Wm.
1

and the commander of the British Huskisson, his Majesty s Principal


Secretary of State for the Colo-
army, for the carrying on of the nial Department, to Major-General
service of the pratique, of the po-
Sir John Keane, K. C. B., Lieute-
lice of the harbour, and of the cus-
nant-Governor of Jamaica, sent
toms, by the proper officers of the
down by him in a Message to the
Portuguese government, usually
A Hon. House of Assembly, on Fri-
employed for those purposes.
list of these officers shall be day the 16th November, 1828.
given
to the British commanding officer, Downing-street, Sept. 22.
and they shall be strictly under his SIR, The act passed by the go-
command in all that may relate to vernor, council, and assembly of
military service, and to the defence Jamaica, in the month of Decem-
of the forts. ber, 1826, entitled, "An act to
7. His Britannic majesty re- alter and amend the Slave-laws of
quiring, on the part of his ally, this island," having been referred
only that which is indispensably by his majesty in council to the
necessary for insuring the proper lords of the committee of privy
1-J6] ANNUAL REGISTER, 1827-8-9.

council for the affairs of trade and The 83rd and the two follow

foreign plantations, that committee ing clauses must be cosidered as


have reported to his majesty in an invasion of that toleration to
council their opinion that this act which all his majesty's subjects,
ought to be disallowed. The order whatever may be their civil condi-
of his majesty's council, approving tion, are alike entitled. The prohi-
that report, and disallowing the act, bition of persons in a state of slave-
will be transmitted to you by the ry, assuming the office of reli-
earliest opportunity. gious teachers, might seem a very
In obedience to the commands of mild restraint, or rather a fit pre-
his majesty in council, I proceed to caution against indecorous proceed-
communicate to you the grounds ings but, amongst some of the
;

of his majesty's decision upon this religious bodies who employ mis-
subject. sionaries in Jamaica, the practice
The privy council did not submit of mutual instruction is stated to
to his majesty their advice that this be an established part of their dis-
act should be disallowed without cipline. So long as the practice
great reluctance. The great import- iscarried on in an inoffensive and
ance of the subject has been fully es- peaceable manner, the distress pro-
timated, and his majesty has per- duced by the prevention of it will
ceived with much satisfaction the be compensated by no public ad-
advances which the colonial legis- vantage.
lature have made in many respects, The prohibition of meetings for
to meet the recommendations con- religious worship, between sun-set
veyed to them in lord Bathurst's and sun-rise, will, in many cases,
despatch of the May, 1826
1 J th of ; operate as a total prohibition, and
but, however much his majesty will be felt with peculiar severity
may have been desirous to sanction by domestic slaves inhabiting large
these valuable improvements in the towns, whose ordinary engage-
slave code of Jamaica, it has been ments on Sunday will not afford
found impossible to overcome the leisure for attendance on public
objections to which other enact- worship before the evening. It is
ments of this law are open. I am impossible to pass over, without re-
commanded to express to you his mark, the invidious distinction
majesty's earnest hope, that upon which is made, not only between
a deliberate review of the subject, Protestant Dissenters and Roman
the legislative council and assem- Catholics, but even between Pro-
bly will be disposed to present for testant Dissenters and Jews. I
your assent another bill, devested have, indeed, no reason to suppose
of those enactments which have that the Jewish teachers have made
prevented the confirmation of the any converts to their religion among
present act. the slaves, and probably, therefore,
Among the various subjects the distinction in their favour is
which this act presents for consi-
merely nominal ; still it is a pre-
deration, none is more important ference, which, in principle, ought
in itself,nor more interesting to not to be given by the legislature of
every class of society in this king- a Christian country.
dom, than the regulations on the The penalties denounced upon
subject of religious instruction. persons collecting contributions
PUBLIC DOCUMENTS. [177

from slaves, for purposes either of lowed in the act under conside-
charity or religion, cannot but be ration.
felt, both by the teachers and by The council of protection, esta-
their followers, as humiliating and blished under the 33d clause of this
unjust. Suvh ;i law would affix an act, cannot be considered as an ef-
unmerited stigma on the religious fectual substitute for the office of
instructer and it prevents the
;
a distinct and independent protec-
slave from obeying a positive pre- tor. The council in each parish
cept of the Christian religion, will consist of those individuals
which he believes to be obligatory over whom the protector was to
on him, and which is not inconsist- exercise his superintendence. Their
ent with the duties he owes to his duties are limited to the simple
master. The prohibition is, there- case of extreme bodily injury, and
fore, a gratuitous aggravation of the are to be discharged only " if
evils of his condition. they think proper." The periodi-
It may be doubtful whether the cal returns required from the pro-
restriction upon private meetings tector upon oath, are not to be made
among the slaves without the by the council of protection, nor are
ft

knowledge of the owner, was in- they even bound to keep a journal of
tentionally pointed at the meetings their proceedings. No provision
for religious worship. No objec- is made for
executing the duties of
tion, of course, could exist to re- the office in different parts of the
quiring that no; ice should be given colony upon fixed and uniform
to the owner or manager whenever principles, and the number of per-
the slaves attended any such meet- sons to be united in this trust is
ings ; but, on the other hand, due such as entirely to destroy the sense
security should be taken that the of personal and individual respon-
owner's authority is not improperly sibility.
exerted to prevent the attendance In the provisions for the due ob-
of the slaves. servance of Sunday, I remark that
I cannot too distinctly impress the continuance of the markets on
upon you, that it is the settled pur- that day till the hour of eleven,
pose of his majesty's government, is contemplated as a permanent re-
to sanction no colonial law which gulation. It is, however, impos-

needlessly infringes on the religious sible sanction this systematic


to
liberty of any class of his majesty's violation of the law prevailing in
subjects; and you will understand every other Christian country. In
that you are not to assent to any the proposals transmitted by Lord
bill,imposing any restraint of that Bathurst to his grace the duke of
nature, unless a clause be inserted Manchester, a temporary departure
for suspending its from this rule was permitted, but
operation until
his majesty's pleasure shall be only as a relaxation required by
known. peculiar and transitory circum-
Having thus adverted to this stances.
most important branch of the ge- The clauses denouncing penalties
neral subject, I proceed to inquire on persons employing their slaves
how far the suggestions contained to labour on Sunday, are expressed
in Lord Bathurst's despatch of the with some ambiguity, so as to leave
llth of May, 1826, have been fol- it doubtful whether the penalty
23
ANNUAL REGISTER, 1827-8-0.

will be incurred at any other time low slave might be intrusted with
than during crop, or for any work it,provided that the correction does
excepting that required about the not exceed ten lashes. In the pre*
milis. Neither is it clear that ah sence of the owner or manager
owner, procuring his slaves to work thirty-nine lashes may be inflicted
on Sunday by persuasion, or by any by his authority an extent of
other means than those of direct power which cannot be necessary,
compulsion, would violate the law, and which might probably be the
I do not perceive that provision is source of serious abuse.
made for those cases of unavoid- The 37th section of this act au-
able necessity, which would create thorizes private persons to commit
an exception to the general rule. their slaves to prison in the public
Punishment inflicted by the do- workhouses of the island, without
mestic authority of the owner are the warrant of a justice of the
not required to be made the sub- peace and the preceding section,
;

ject of a report to any public officer, the 36th, enables the gaoler, as
nor does the law require that any well as the owner, to inflict pun-
interval should elapse between the ishment by whipping in prison
commission of the crime and the without trial. It is difficult to per-
infliction of the punishment. The ceive the necessity for such an ex-
presence of free witnesses at the tension of domestic authority, and
infliction of punishments is not de- if unnecessary, it is plainly objec-
clared necessary, nor would the tionable.
law be broken, whatever might be The fine of 10 for inflicting re-
the severity of the punishment, if peated punishments for the same
it were inflicted by any other me. offence can scarcely be incurred in
thod than that of whipping or im- any case, since no record is to be
prisonment. The use of the whip kept ascertaining the grounds of
in the field is not forbidden. Wo- any particular punishment, and the
men are not exempted from punish- party accused may impute to his
ment by flogging. Nor is any pre- slave whatever offences he may
sumption of guilt to arise, if the think proper, without the necessity
slave shall make a " probable, par- ofprovingthem. The fine on a work-
ticular, and consistent" charge house-keeper inflicting an excessive
against his owner, confirmed by the number of lashes, is 10 a pun-
exhibition of his person bearing ishment:' which |may, in some cases,
the marks of recent and illegal be entirely disproportionate to so
punishment. serious an offence.
In all these respects the provi- The
complaint, which the slave
sions of this act fall short of the isauthorized to make before any
recommendations of his majesty's three magistrates, would not, I
government. It remains to notice should fear, be a very effectual
other provisions upon the subject of means of redress. As they must
punishment, which have been ori- always be three proprietors of the
ginally suggested by the colonial same parish, there is a manifest
legislature. danger of the influence of local
The act appears to sanction an partialities. As every groundless
unlimited delegation of the power complaint is to be punished, it is to
of punishment, so that even a fel- be feared, that many well-founded
PUBLIC DOCUMENTS. [179

complaints will not be preferred. should be made of the number of


The mere of evidence in
failure such marriages.
support of a complaint is surely not On the subject of the separator!
enough to justify the punishment of relatives, the word " family" is
of the party complaining. The left without a definition. It is sus.

owner should be bound to prove ceptible of so many different mean-


that the complaint was malicious or ings, that it would seem peculiarly
frivolous. necessary to ascertain the precise
On the subject of marriage, I sense in which it is used. The rule
observe that no security is taken laid down in this law seems also to
against the possible case of the un- require some better sanction. It is
reasonable or capricious refusal of simply a direction to the provost,
the owner to consent. By confin- martial but if he should disobey
;

ing the power of celebrating mar- that direction, it is not provided


riages to the clergy of the esta- that the sale should be void. A
blished church, every other class provision appears to be wanting,
of religious teachers are deprived for enabling the officer to ascertain
of the means of exercising a salu- whether any particular slave is of

tary influence over the minds of is not a member


of the family*
their disciples and probably the
; The property of slaves is left by
Roman Catholic priests may be en- this law in an unprotected state,
titled to say, that such an enact- No action is given to them, or to
ment takes away from them a right any person on their behalf, for the
which, by the common law, they defence or recovery of it. Tht
enjoy in every part of his majesty's single case in which any remedy is
dominions to which the marriage provided, is that in which the pro-
act of George II. does not extend. perty of the slave is taken away.
The necessity of undergoing an ex- No mention is made of that much
amination by a clergyman of the more important class of cases, in
established church, as to the na- which property may be withheld ,
ture and obligations of the mar- The slave could not under this law
riage contract, is not very apparent, recover a debt, nor obtain damages
and might, perhaps, operate as a for the breach of a contract. The
serious impediment to the forma- mode of proceeding by information
tion of such connexions. It is dif- for penalties before three justices of
ficult to understand how the the peace, is a remedy to which
range
of inquiry respecting the " obliga- hardly any one would resort, for the
tions" of the
marriage contract is act does not give the amount of the
to be limited, since that
expression penalty, if recovered, to the injured
may be supposed to embrace a party, and the slave himself could
large variety of moral and reli- not make the complaint, except
gious considerations, with which upon the condition of receiving a
the slave population in its present punishment if the justices should
state must be very imperfectly con- deem it groundless. The slaves are
versant. also excluded by the terms of this
I observe that this act does not law from acquiring any interest in
require that any registry should be land a restriction which would
kept of the marriages of slaves, nor appear at once impolitic and
even that any periodical returns cessary.
180] ANNUAL REGISTER, 1827-8-9.

On the subject of what has been is graciously pleased to signify his


termed the compulsory manumis- approbation of the advance which
sion of slaves, this act does not pro- has been made towards a better
fess to adopt the measures suggest- system of law ; but, in reference
ed by his majesty's government. It to this subject, I am to observe (hat
is, needless to institute
therefore, thislaw appears to contemplate the
any comparison between those mea- admission of the evidence of slaves,
sures and the enactment of this law ;
in those cases of crimes only, in
but upon that subject, I may, per- which they are usually either the
haps, at no distant period, have oc- actors or the sufferers, excluding
casion to make a further communi- their evidence in other cases, a
cation to you. distinction which does not seem to
On the subject of gratuitous reston any solid foundation. There
manumissions, and manumissions isnot any necessary connexion be-
effected by voluntary contracts, this twen the baptism of a witness and
act requires that in all cases secu- his incredibility. The rule, which
rity shall be given for the mainte- requires that two slaves, at the least,
nance of the slave. In the case of shall consistently depose to the

testamentary manumissions, the es- same fact, on being examined apart,


tate of the testator is to be liable before any free person can be con-
to the payment of an annuity of victed on slave testimony, will
j10 for the support of the slave, if greatly diminish the value of the
he should become incapable of general rule. In some particular
maintaining himself. These regu- cases, such, for example, ag the
lations must, of course, operate as case of rape, such a restriction
a great discouragement to enfran- might secure impunity to offenders
chisements in all cases. Without of the worst description. The re-
incurring this inconvenience, an jection of the testimony of slaves,
effectual security might have been twelve months after the commission
taken against the abuse of eman- of the crime, would be fatal to the
cipating slaves incapable, from their ends of justice in many cases, nor
age or infirmities, of procuring is it easy to discover what solid ad-
their own subsistence. vantage could result from it in any
It is to be feared that serious in- case.
convenience may arise from the If the owner of a slave is con-
neglect of the proposal, to provide victed of any crime on the testi-
a method by which a slave could mony of that slave, the court has
ascertain what particular person no power of declaring the slave
was entitled to receive the price of free, although it may exercise that
his freedom. In the case of plan- power when the conviction pro-
tation slaves, the title is usually ceeds on other evidence. Highly
the same with the title to the land important as it is, to deprive a
itself, and cases are stated to have slave of every motive for giving
occurred, in which a slave has lost false evidence against his owner,
the whole earnings of his life by that object might be secured with-
paying the price of his liberty to out incurring the inconvenience of
the wrong person. leaving the slave in the power of
On the important subject of the an owner convicted of the extreme
evidence of slaves, his majesty abuse of his authority.
PUBLIC DOCUMENTS. [1S1

In rejecting the proposal for es- The provisions for the prevention
tablishing a record of the names of excessive labour, contemplate
of all slaves sufficiently instructed the working the slaves for eleven
to be competent witnesses, the hours and a half daily out of crop,
colonial legislature appear to have and place no limit to the continu-
neglected tne means of providing ance of their work during crop-
a cheap and effectual encourage, time. Considering the climate in
ment to good conduct, and of in- which the labour is to be performed,
vesting the religious teachers of and that, after the work of the field
the slaves with a powerful and is over, there will yet remain to be

legitimate influence over them. done many offices not falling within
His majesty has observed with the proper meaning of the term
" I should fear that the
great satisfaction, various provi- labour,"
sions in this act for the improve- exertions of the slaves, if exacted
ment of the condition of the slaves, up to the limits allowed by this law,
which originated exclusively with would be scarcely consistent with a
the colonial legislature. Among due regard for the health of the
them I have particularly to advert labourer.
to the clause requiring the gratui- The crimes of murder and rape,
tous baptism of slaves, and to the when committed on the persons of
regulation by which slaves are al- slaves, are most properly made
lowed one day in each fortnight punishable by death : but if these
to cultivate their provision-grounds, enactments are be understood,
to
exclusive of Sundays, except du- not as declaratory of existing laws,
ring the time of crop, the smallest but as introductory of new laws,
number of days to be allowed in then it is obvious that there are
one year being twenty-six. It other offences which might be per-
may, perhaps, however, be neces- petrated on the persons of the
sary that some more effectual means slaves,against which the same
should be devised for enforcing obe- punishment should have been de-
dience to this Jaw. nounced.
The enactment requiring a The rules for the prevention
monthly inspection of the provision- of mutilation, and other cruelties,
grounds, and the delivery of an however just and valuable in prin-
adequate supply of provisions, when ciple, would. I should fear, lose
there is not a sufficient quantity of much of their efficacy in practice,
such grounds, is calculated to pro- from the peculiar complexity of the
duce the most beneficial effects, process which is to be observed in
and might be rendered still more bringing the offender to justice.
valuable by some alteration in the In the cases supposed of the dis-
terms of the oath, which are sus- memberment or mutilation of a
ceptible of a construction remote slave, fine and imprisonment would
from the real intention of the seem a very inadequate punish,
framers of the law. Great advan- ment.
tage may be anticipated from the The rules on the subject of runa-
regulations for the support of the ways claiming to be free, and re-
mothers and nurses of large fami- specting slaves carried from place
lies, arid for the protection of old to place for sale, seem well adapt,
and infirm slaves. ed to prevent the recurrence of
182] ANNUAL REGISTER, 1827-8-9.

serious abuses. The provisions of framed with an extreme laxity of


the trial of slaves in criminal cases, expression, and have an appear-
would also appear to be a material ance of severity which I am per.
improvement on the former law. suaded was not really contemplated
I perceive, however, that the evi- by the framers of this law.
dence of slaves in such trials is to The definition of the offence of
be admitted against slaves. It is Obeah will be found to embrace
not said that such evidence shall many acts, against which it could
be admitted for them, although, not have been really intended to
of course, this must have been the denounce the punishment of death.
intention. It is to be regretted that The definition of the crime of pre-
no provision is made for securing paring to administer poison is also
the attendance of judges, regularly so extensive, as to include many
educated to the legal profession, innocent, and even some merito-
on slave trials. rious acts. Thus, also, the offence
It remains to notice those parts of possessing materials used in the
of this act which provide for the practice of Obeah, is imperfectly
punishment or the prevention of described, since no reference is
crimes commuted by slaves. made to the wicked intention in
The crime of harbouring runaways which alone the crime consists.
may be punished with much more The owner of a slave condemned
severity, when the offender is a to death or transportation is in all
slave, than when he is a free man, cases to be indemnified at the pub-
a distinction which reverses the es- lic expense for the loss of his pro-
tablished principle of justice, that perty. His majesty's government
the malignity of crimes is enhanced have repeatedly expressed their
by the superior knowledge and disapprobation of this rule of law.
station of the criminal. It weakens the motives for main-
In many cases, both the nature taining good domestic discipline,
and amount of the punishment to and for preventing the commission
be inflicted on the offending slave of crimes by the authority of the
are referred exclusively to the dis- owner. It is unjust to indemnify
cretion of the court. I am not any man at the public expense, for
aware of any necessity for so un- a loss in which his own culpable
limited a delegation of authority. neglect of duty may have involved
Among capital crimes, are enu- him. To the slave it is unjust to
merated rebellion and rebellious deprive his owner of all pecuniary
conspiracy. As these are terms interests in the preservation of his
unknown to the law of England, life;
and when the crime of the
it not fit they should remain on
is slave is, as it often may be, the di-
the statute-book without some legis- rect consequence of the owner's
lative definition of their meaning. positive misconduct, it is in the
Felony seems to be generally highest degree impolitic to relieve
declared capital, when committed the owner from the loss. The
by slaves. The case of the cler- power of remitting the sentences of
gyabie felonies is not. noticed. slaves condemned to hard labour
The enactments, by which as- for life, is to be exercised only
a free
sault, or ofFeringv iolence to when the slave evinces in every
person, are declared capital, are respect a complete reformation of
PUBLIC DOCUMENTS, [133

manners. I fear that few men un- The following are the clauses
dergo such a total^hange of cha- contained in the law which refers to
racter as this, under any circum- the sectarians :

stances, and that a prison is among 83. And whereas it has been
the last places in which it is to be found that the practice of ignorant,
expected. Independently of this superstitious, or designing slaves,
consideration, I apprehend that this of attempting to instruct others,
clause may in some degree dero- has been attended with the most
gate from the power, which, under pernicious consequences, and even
his majesty's instructions, you pos- with the loss of life
: Be it enacted,
sess, of pardoning offenders, or re- That any slave or slaves found
mitting their punishments. guilty of preaching and teaching
I have thus explained, at length^ as Anabaptists, or otherwise, with-
the considerations which have im- out a permission from their owner,
posed on his majesty's government and the quarter sessions for the
the necessity of submitting to his parish in which such preaching or
majesty their advice that this act teaching takes place, shall be pun-
should be disallowed. It cannot ished in such manner as any three
but be a subject of deep regret to magistrates may deem proper, by
them, that their sense of public whipping, or imprisonment in the
duty has prevented their adopting a workhouse to hard labour.
Different course; but I trust that, 84. And whereas, the assembling
a serious and deliberate re- of slaves and other persons, after
tjpon
view of the subject, the gentlemen dark, at places of meeting belong,
of the Legislative Council and As. ing to dissenters from the es*
sembly of Jamaica will themselves tablished religion, and other per-
be disposed to admit, that the de- sons professing to be teachers of
cision which has been adopted was religion, has been found extremely
inevitable. The preceding remarks dangerous, and great facilities are
will show that this act has not been thereby given to the formation of
disallowed upon any slight grounds. plots and conspiracies, and the
The many wise and beneficent health of the slaves and other per-
provisions which it contains have sons has been injured in travelling
been fully appreciated, although to and from such places of meeting

they have not been thought suffi- at late hours in the night : Be it
cient to compensate for the irrepa- further enacted, by the authority
rable injury which the best interests aforesaid, that from and after the
of the colony might sustain, from commencement of this act, all such
some of the enactments to which I meetings between sunset and sun-
have particularly referred. Even rise shall be held and deemed un-
were the law unobjectionable on lawful ; and any sectarian, dis.
r
every other ground, it would be senting minister, or other person
impossible to surmount the difficulty professing to be a teacher of re-
presented by the clauses for re- ligion, who shall, contrary to this
straining religious liberty. I have act, keep open any such places of
the honour to be, Sir, your most meeting between sunset and sun-
obedient humble servant, rise, for the purpose aforesaid, or
(Signed) HUSKISSON. permit or suffer any such nightly
Lieutenant- Governor assembly of slaves therein, or be
Sir John Kcane, K. C. B., $c. present thereat, shall forfeit and
184] ANNUAL REGISTER, 1827-8-9.

pay a sum, not less than 20, nor whereas, an ample provision is al-
exceeding 50, for each offence, ready made by the public, and by
to be recovered in a summary man- private persons, for the religious
ner, before any three justices, by instruction of the slaves Be it
:

warrant of distress and sale one ; enacted, by the authority aforesaid,


moiety thereof to be paid to the that from and after the commence-
informer, who is hereby declared a ment of this act, it shall not be law-
competent witness, and the other ful for any dissenting minister, re-
moiety to the poor of the parish ligious teacher, orother person
in which such offence shall be com- whatsoever, to demand or receive
mitted ;and, in default of payment any money or other chattel what-
thereof, the said justices are hereby soever from any slave or slaves
empowered and required to com- within this island, for affording such
mit such offender or offenders to slave or slaves religious instruc-
the common gaol, for any space of tion, by way of offering contribu-
time not exceeding one calendar tions, or under any other pretence
month. Provided always, that n9- whatsoever ; and if any person or
thing herein contained shall be persons shall, contrary to the true
deemed or taken to prevent any intent and meaning of this act, of-
minister of the Presbyterian Kirk, fend herein, such person or persons
or licensed minister, from perform- shall, upon conviction before any
ing divine worship at any time be- three justices, forfeit and pay the
fore the hour of eight o'clock in the sum of '2Q for each offence, to
evening at any licensed place of be recovered in a summary man-
worship, or to interfere with the ner, by warrant of distress and
celebration of divine worship ac- sale, under the hands and seals of
cording to the rites and ceremonies the said justices, one moiety there-
of the Jewish and Roman Catholic of to be paid to the informer, who
religions. is hereby declared a competent
85. And whereas, under pretence witness, and the other moiety to the
of offerings and contributions, large poor of the parish in which such
sums of money and other chattels offence shall be committed and, ;

have been extorted by designing in default of payment, the said


men, professing to be teachers of justices are hereby empowered
religion, practising on the igno- and required to commit such offen-
rance and superstition of the ne- der or offenders to the common gaol,
groes in this island, to their
great for any space of time not exceed-
loss and impoverishment ; and ing one calendar month.

FRANCE.
THE chambers commenced their Gentlemen,
session on the 5th February, 1828; always with equal satisfac-
It is

nearly every member was present, you meet about my


tion that I see
and the speech of the king was throne, and that I come to make
delivered as followi :
PUBLIC DOCUMENTS. [185

known to the situation of If I can thus, gentlemen, look


you
France. abroad with satisfaction, the do-
The relations with the European mestic state of my kingdom does
powers continue to be amicable not offer me less security. You
and satisfactory. The affairs of will see by the documents which
the east alone present some diffi- will be laid before you, that if the
culties but the treaty that I l^ve
; products of the different contribu-
signed with the king of England and tions have suffered some diminu
the emperor of Russia, has laid the tion, the sources of the public
foundation for the pacification of wealth are not lessened for any
Greece, and I have reason to
hope length of time. Extraordinary cir-
that the efforts of my and
allies, cumstances have produced an ex-
my own efforts, will triumph over cess of expenditure for which it
the resistance of the Ottoman will be necessary to provide. I have
Porte, without the necessity of our ordered my ministers to render
having recourse to arms. you an account of them and I ;

The unexpected battle at Nava- have required of them, to press


rino was at the same time an occa- constantly towards a severe and ex-
sion of glory for our arms, and a tensive economy.
brillant pledge of the union of the I have called my son to act in the
three flags. military promotions. The army
The peninsula has been for a will find in this new arrangement
long time a cause of sacrifice to the most certain testimony of my
us ; this is near an end ; secure on regard towards it.
her frontiers, Spain is
employing The progressive developements
herself with perseverance in the of commerce and industry, that
task of crushing in her bosom, the glory of peaceful states, have in-
deplorable seeds of civil discord. creased their wants, and solicit
Every thing assures me, that I more numerous outlets. It is my
shall be able, very soon, with the wish that a minister appointed in
consent of the king my nephew, to their interest, should have the spe-
restore my soldiers to their country, cial employment of
proposing to
and to relieve my people from a me every thing which may be pro-
painful burden. per to assist their activity, which is
A
vigc r us blockade, to termi- ever increasing.
nate only when I shall have re- However intimate may be the
ceived the satisfaction which is due connexion which must exist be-
to me, is kept up, and is punishing tween religion and the education
Algiers,and protecting French of men, public instruction and ec-
commerce. clesiastical affairs have appeared
In distant regions, and under the to me to require a separate direc-
uncertain dominion of infant go- tion, and I have ordered the divi-
vernments, our flag has suffered sion to be made.
some aggressions but I have or- ;
Wishing to strengthen more and
dered that just reparation should more in my states the charter which
be exacted, and I have prescribed was granted by my brother, and
measures which the future
will for which I have sworn to maintain, I
protect from all damage the for- shall be watchful, that the labours
tunes of my subjects. are carried on with wisdom and
24
136] ANNUAL REGISTER, 1827-

judgment, which shall place our ers continue to be friendly. The


legislation in harmony with it. assurances I receive from my allies
Some high questions of public offer me a pledge, that notwith-
administration have been pointed standing the events which have
out for my attention. Convinced desolated the east, peace will not
that the true strength of the throne be disturbed in the rest of Europe.
is, next to the divine protection, in To hasten the pacification of
observing the laws, I have ordered Greece, I have, in concert with
that these questions should be ex- England and Russia, sent to the
amined, and that their discussion Morea a division of my troops. At
should bring out the truth, which the sight of some thousand French-
is the first want of princes and men, determined to accomplish
people. their noble task, that celebrated
Gentlemen, the happiness of country, too long ravaged, has
France is the object of all my af- been restored to peace and securi-
fections, of all my thoughts. To ty. There, as at Navarin, the
secure this, I shall know how to union of the flags has proved
maintain the power and watchful to the world the respect of the three
authority which belongs to my crowns for the faith of treaties, and
crown. my soldiers take pleasure in re-
depend, gentlemen, and I de-
I counting the sincere support which
pend very much, on the assistance they have found in the English
of your information, and on the navy.
union with me of your feelings. A formal declaration, notified to
The word of your king, calling for the Porte, has placed the Morea
the union of good men, can here and the neighbouring islands under
only find hearts disposed to listen the protection of the three powers.
and to respond to it. This solemn act will suffice to ren-
der a protracted occupation unne-
Paris, Jan. 27 1829. I continue to assist the
cessary.
To-day his majesty opened the Greeks rebuild their ruins, and
to
session of the chamber in the my ships bring back to them those
Louvre. Christian slaves whom the pious
After the usual preliminary ce- generosity of France has restored
remonies had been through, and to their country and to liberty.
the peers and deputies had taken So many cares will not prove
their seats, his majesty delivered vain. I have reason to believe
the following speech : that the Porte, more enlightened,
Gentlemen, I am happy in will cease to oppose the treaty of

seeing you every year assembled the 6th of July, and it may be hoped
around my throne, to promote, in that this first arrangement will
concert with me, the great interests not be lost for the re -establishment
of my people. of peace in the east.
This satisfaction is the more The situation of Spain has al-
livelyon the present occasion, as I lowed me to recall the troops which
have pleasing communications to I left at the disposal of his Catholic
make to you, and important labours majesty. My soldiers are returned
to intrust to you. to their country, after having re-
My relations with foreign pow- ceived from the inhabitants of all
PUBLIC DOCUMENTS. [187

the countries through which they The moment doubtless not far
is

have passed, testimonies of esteem distant when I be able to give


shall
and respect, due to their excellent to those relations a stability advan*

discipline. Considerable sums tageous to my subjects; meanlime I


have been advanced to the Spanish have appointed consuls to watch
government a convention has
;
over their interests.
been signed to regulate the pay- Such, gentlemen, is the happy
ment of them. stale of our relations with foreign
The hope which I still retain of powers. Whatever may be the
obtaining from the dey of Algeirs events that the future reserves for
a just reparation, has retarded the us, I shall certainly never forget
measures which I may be
obliged that the glory of France is a sa
to take in order to
punish him ;
cred deposite, and that the honour
but I shall neglect nothing to pro- of being the guardian of it is the
tect the French commerce from fairest prerogative of my crown.
insultand piracy and striking ex.
;
Order and peace prevail in the
amples have already taught the interior. French industry, already
Algerines that it is neither easy nor so justly celebrated, is daily dis-
prudent to brave the vigilance of tinguished by new improvements.
my naval force. Some branches of our agricul-
Engagements contracted by an ture and commerce are suffering,
ancient French colony had ceased but I hope that it will be possible
to be executed. After having con- for me to lessen the evil, if I should
vinced myself that this inexecution not be enabled to cure it.
was the result of inability, I have The long inclemency of the sea.
consented to open with more effi- sons, and the unfavourable delay
cacious negotiations for the in- which the harvest experienced,
terests of the colonies and of com- awakened for some weeks the so-
merce. licitude of government. Dis-
my
Many of my subjects have suf- tressing doubts with respect to the
fered by the measures taken by state of our resources have been
the emperor of Brazil in his war
speedily dispelled by morerpositive
with the republic of Buenos Ayres. information. The substance of all
Some of their vessels have been is assured, and if the price of corn,

captured. The convention which while it augments the prosperity of


I have just ratified, while it con- the landholders, increases for a mo-
firms, with respect to the right of ment the distress of the indigent,
blockade, a conservatory principle Providence has created beneficence
always maintained by France, en- to relieve those who suffer.
sures to them the restitution of their The press, freed from restraints,
loss. On this occasion, as on all
enjoys entire liberty. If licen-
others, I owe praises to the French tiousness, its fatal enemy, still

marine, which shows itself worthy shows under the cover of a


itself
of its noble mission.
generous and confiding law, pub-
The successive shocks which lic
good sense, which becomes
have agitated some of the new more firm and enlightened, does
states of South America have left
justice to its aberrations, and
the
the political situation of those states noble tra-
magistracy, faithful to its

uncertain, and rendered it difficult ditions, know its duties, and will
to form regular relations with them. fulfil them.
always
188] ANNUAL REGISTER, 1827-8-9.

The necessity of placing the re- protecting and moderating power


ligion of our fathers in security which belongs to the crown, the full
against any attack, to maintain in scope of action and force which
my kingdom the execution of the public order requires. I have
laws, and at the same time to en- caused a project, which will be
sure among us the perpetuity of the presented to y