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WW* Vol. XV. UNION, ?THE COysXlTUTION. A!$D T4IE .LA,^V"8 ? THE GUARDIANS OF OUR LIB WEDN*>D\Y, DEtiEHBER 13, 1*34. ERTY. i\??. ?ai. rRKSIDEVT'* iflESSACSE. Washin jtoa D?vetn'vr 3. YNterday at 12 o'c^Rhhc President of the United Statcs^Bmmunicated to both Houses of Congress the following . | f tlow Citizens nfth' Senile and of t>i' II >u*t of Urpretrnlatirei: In performing my duty at the opening pf your present session, it given me ploa #urc to congratulate you again upon the prosperous condition of our beloved coun try. Divine Providence ha* lavored us> with general health, with rich rewards in the fields of agriculture and in every brin^h of labor, and with peace to colli* ^ite and extend the various resources which employ the virtue and enterprise of our citizens. Let us trust that, in sur Trving a ?cene so flattering to our free jniiitution*, our joint deliberations to preserve them may be crowned with succest. * . ? . Our foreign relations continue, trifh but few exceptions, to maintain the fa vorable aspect which they bore in my last annual message, and promise to ex tend those advantages which tfie princi ples that regulate our intercourse with other nations are so well calculated to secure. The question of the northeastern houn* <hrv in t?till pending with Great Britain, 3111! the proposition made in accordance ?.villi the resolution of the Senate for the establishment of a line according to the treaty of 1783, has not been accepted by that government. Believing that every disposition is felt on both sides to adjust tus prplexing question to the satisfac tion of all the parties interested in it, the hope is yet indulged that it may be effec ted on the basin of that proposition. Wuh ihe governments of Austria, Rus sia. Prussia, Holland, Sweden and Den mark, the beet understanding exists. Commerce, with all, is fostered and pro tected bv reciprocal good will, under the sanction of liberal conventional or legal pruisions. In 'h<- inidstof her internal difficulties, the Ljneen of Spain has ratified the con vention for th? payment of the claims of our citizen* arising since 1819. It is in the course of execution on her part, and a copy of it is now laid before you for such legislation a* may be found neces rirv to enable those interested to derive the lienefits of it. Yielding to the force of circumstances *rvl to the wise councils of time and ex perience, that power his finally resolved tko longer to occupy the unnatural posn \iot\ in which she stood to th? new gov ernment* established in this hemisphere. J have the great satisfaction of stating to you that in preparing the way for the reparation of harmony between those who have sprung from the same ances tor ?<. \*no are allied by common interests, profess the same religion, and speak the >am?? language, the Cnited States hivo been actively instrumental. Our efforts to etTect this good work, will be perse vered hi while ihey are deemed useful to the parties, and our entire disintert *t cdivs* continues to he fell and under stood. The act of Compress to counter vail the discriminating duties levied to the prejudice of our navigation in Cuba and Porto Rioo, has been transmitted to th* 'iiiniiiler of the United States at Ma drid. to be communicated to the govern or tin- Queen. No intelligence of its re ceipt ha* yet reached the department of v*\n. If the present condition of the 1 "?o'i'urv permits the government to make ?i careful and enlarged examination ot the interests of these important portions o| its dominions, no doubt is entertain- <1 th:it their future intercourse with ih" United States will he placed upon a mot-* ju?t and liberal basis. The Florida archives have not yet bem selected and delivered. Recent or ders have been sent to the agent of the l.nited Sta'es at Havana, to return With all that he can obtain, so that they liny l>o hi Washington before the session of tV Supreme Court* to be used in the le tfil questions there pending, to w hich the government is a party. Internal tranquility is happily restored to Portugal. The distracted state of the 'oiintrv rendered unavoidable the |?? ?.-? t poneincut of a lioal payment of the just claims oi fiitr citi/.ens. Our diplomatic H.itiom will he soon resumed, ami the ? ?:i!f subsisting friendship with that pou ' r 'illorils the strongest miarantee that the ?,*l iii?*e due will reenvc prompt alien twin. I'Se lir^t instalment due under the eon '?iiiion ?f indemnity with the Ki*ig of 1 ie I'wo Sicilies, has been duly receiv r''. and an ofTer has been made lo extin -tn-h the whole by a prouipt payment? ortct I d"l not consider my self Huthor to accept, as the indeumiiication 1 ' led is the ?? vIlHtve pfopeviy of ill ^I'liial citi/ens of the i St it? >. ' 1 original ad|usimcul ol our ei.uin*, * '? anxiety displayed to i'ullil ?' or or the stipulations made for the payment of them, are highly honorable to the gov ernment of ?the Two Sicilies. When it is recollected that they Were th^esnU of the injustice of an intrusive power, temporarily dominant in its territory, a repugnance to acknowledge and to pay which would have been neither unnatu ral nor unexpected, thr circumstance cannot fail to exalt its character for jus tice and good faith in the eyes of all na-t tions. * ? The treaty <? amity and commerce be tween the United Slates :>|WI Belgium, I brought to your notice it#my last annnal message, as sanctioned by _ the. Senate, but the- raty fixations of wijiich had nAt been exchanged, owing to a delay in its reception at Brussels and a subsequent absencp of the Belgian minister ot lor^ eigh affairs, has he??n. after mature deli? brra?i*??. finally disavowed by that gov eminent as inconsistent with the powers and instruction given t.> their minister who negotiated it. The disavowal was entirely unexpected, as the liberal prin ciples embodied in the convention, and which form the groundwork of the ob jections to it. were perfectly satisfactory to the Belgian representative, and were supposed to be not only within the pow ers granted, but exprc*?!y conformable to it??* instruction* given to linn. An of fer, n?n yet accepted, has been made by Belgium to renew negotiations for a trea ty less liberal in its provisions, on ques tions of general maritime law. Our newly established relations with the Sublime Porte promise to be useful 1 to our commerce and satisfactory in eve ry respect to this government. Our in tercourse with the Barbary Powers con tinues without important change, except that the present political state of Algiers has induced me to terminate the resi dence there of a salaried conbul, and to substitute an ordinary consulate, to re main so long as the place continues in the possession of France. Our first trea ty with one of these powers? -tlit Kni peror of Morocco ? was formed in 17S0, and was limited to fitly years. That period has almost expirtd. I shall take measures to renew it with the greater satisfaction, as its stipulations are just and liberal, and have been, with mutual fidelity and reciprocal advantage, scrupu lously fulfilled. Intestine dissensions have too fre qi.ently occurred to mar the prosperity, interrupt the commerce, and distract the governments of ino-t of the nations of this hemisphere, which have seperated themselves from Spain. When a firm and permanent understanding with the parent country shall have produced a for mal acknowledgment of their indepen dent, and the idea of danger !?*o:u that quarter can be no longer uitvrtnhied, the frien.ls of freedom expect that those countries, so favored by iiaf'ire, will be distinguished for t h? ; r love of jus'.s.'e and thrir devotion tf? tho.-v p'act a'> n a. is, the assiduous cultivation of whi?;li confers honor upon nations and gives value to human life. In the mean time I eoisii dently hope, that th? apprehensions ? n tertatiU 'l that some of the people of those luxuriant tegions in iy be tempted, in a moment of unworthv d:-!vnst of tb.-ir own c:ipne;tv lor the cnjnviit iu of li I ??? r ty. to I'tMnnui the too coatinon error of purchasing pteseiit repose '?v bestowing on : oine favorite leaders :!i ? I . >1 gilt ol irresponsible po.u r. v ill n< ' be realized. Itfl.L II .? ? I **un nil iiiof government-, ami Wit'i that ot Brazil, lid uurvpeeU'd ?'han<;es 111 our relations have oo?- u r r ttl tlatui:' the present year. lmpim* ?? ui.^'s ?>1 just complaint have arisen upon the part i'i the citl/eil* ot the I ";'.:t \1 ?*'!.'? > ? some times from ilic irregular action of the con stituted subordinate authorities of the niirilimo region:*, :; < ! sometimes Ironi l!ie leaders or parti.- wis of those in arms against liic established governments. In j .ill rues r t>fe.?eii'.itioiis have been made . or will he made, :iti?l a* *0011 as tlii ir po litical affairs arc in a settled position, it is e\peetnl ili.it our friendly remonstran ces will l?e followed by adequate redress. The government of Mexico made known in December last, the appoint nient of- commissioners and a surveyor, on t ti? part, to run, in conjunction with ours, the boundary line between its ter ritories and the United States, and ex ensed tlx; delay lor the reasons autieipa it d? the prevalence ol civil war. The commissioners and surveyors not having met within the time stipulated by the treaty, a new arrangement became ne ee#sary, and our charge d* affaires was instructed, in January last, to negotiate, in Mexico, an article additional to the pre-existing treaty. This instruction was acknowledged, and no difficulty wan ap preheiuled in the accomplishment of that o!>jcct. Ijv information just received, that additional article to the treaty will la* obtain* d, an I transmitted to this eoiin iry, as soon as i? ??an rtct ive the laiilica lion of the exicau Congress. fl'lic re-vmmn of the three states <?f New ft ran ul * Venezuela and Kquador, form ing thu I!*public of Colombia, seems tverv day to boc^rrte more improbable. ? ThfPcQmmissiftn^ts of ,1k e two first^ are un V-r.-teo^pto be now negotiating a just ilivisioifVf the obligations contracted by theni whpn tinder dne government. The civil war in Ecuador, it is believed, has prevented even the appointment of avrom mlssitJhcr on i> s mi. I "propose, -it i^Pfearly day, to submit in the proper form, the appoiutinent of a ?liploinatic%i<;i*nt to Venezuela. The im portance of the commerce of that^coun try to the United Stales, and the 'large claims of our citizens upon the govern ment, arising before and since the divi sion of Colombia, rendering it, in my judgment, improper longer to delay th?s step. Our representatives to Central Ameri ca, Peru, and Brazil, arc either at, or on their way to, their respective posts. From the Argentine Republic, from whi<-h a minister was expected to this Government, nothing farther has been heard. Occasion has been taken, on the departure of a new consul to Buenos Ayres, to rv.miud that government that its long delayed minister, whose appoint ment had been made known to us, had not arrived. It becomes my unpleasant duly to in form you that thin pacific and highly gra tifying picture of our foreign relations, does not include those with France at this time. It is not possible that any go vernment and people could be more sin cerely desirous of conciliating a just and friendly intercourse with any nation, than are those of the I'nited States with their ancient ally and friend. This diBposi* tion is founded, as well on the most grateful rind honorable recollections asso ciated with our struggle for independence, as upon a well grounded conviction that it is consonant with the true policy of both. The people of the United States coulJ not, therefore, see without the deepest rr*grot, even a temporary inter rnpiion of the friendly relations between the two countries ? a regret winch would, I am sure, be greatly aggravated, if there should turn out to be any reasonable projnd for attributing ?uch a remit to any act of omission or commission on our part. I derive, therefore, the highest sa tisfiction from being ahle to assure you, that the whole course of this government has bren characterized by a spirit so con ciliatory and forbearing, as to make it impossible that our justice and modern tion should be questioned, whatever may be the consequence of a I >nger perse ver ance, on the part of the French govern ment. m b'-r omissi.m to satisfy the con ceded Inirr.s ?>{' our citizen-'. I in* History <?t t'.ie acaiinulatf -i ami uit j rovoLcd agressions upon o.ir imiii* mcrce, eoimniticd by authority of tne rxi'iici? I'overnments of France, between the years 1S0?) and 1M7, has been ren ii?* r#*?l too painfully familiar to Americans to ma' '*?: il.-> '.?.pt.:iii??n either nece:> urv or deniable. It will b;? stiffioieal here to rem irk. tli.it there has, for manv vears, been scarcely a single administration of the French government by whom the justice and legality of the claims of our t'i t i/eits Jo indemnity, were not. to a ve? rv considerable extent, admitted: and vet near a quarter of a eentury has been wast* ?d ui iupifeetnal negotiation to secure it. Deeplv srnsiblf of the injurious effects re^'.iltiiitf from this state of tlii(i?j-? upon the snture: f- and character of both na? Tunis, I regard it as amonir mv first du ties t ? caus?* on** more o!lWt to be made to s. ui ly Frame, that r. j ?i?t and liberal s> -"i in' nt oi our claims was as well due to ii?-r own honor as to their mcontesti h-e v.didilv. The negotiation for this purpose was conim -need with the late roverntneni of I ranee, and was prosecu* ted with such great success, as to leave no reasonable ground to doubt that a set tlement unite as liberal as that which was subsequently made, would have been of fee ted, had not the revolution, by which the negotiation was cut off, taken place. Plie discussions were resumed with the present government, and the result show ed that we were not wrong1 in supposing that an event by which the two govern mcnts were made to approach each other so much nearer in their political princi ples, and by which the motives for the most liberal and friendly intercourse were so greatly multiplied, could exercise no other than a salutary influence upon the negotiation. After the most deliberate and thorough examination of the whole subject, a treaty between the two govern* inents was concluded and signed at Paris on the Ith of July 1831, by which it was stipulated that ?* the French government, in order to liberate itself from all the re* clamations preferred against it by citizens of the United Stales, for unlawful seiz ures, captures, sequestrations, confisca tions, or destruction of their vessels, ear- ! goes, or other property ? engages to pay a stun of twenty five millions ol francs to the Foiled States, who shall distribute it among those entitled in the manner and according to the rule* it shall determine;" and it was also stipulated on the part of the French government, that this twenty five millions of francs should 44 be paid at Paris in six annual instalments of lour millions one hundred Vid sixty six thou sand nix hundred and sixty six francs and sixty six centimes each, into the hands of such person or persons as shall he au thorized by the government of the United States to receive it." The first instal ment to he paid 44 St the expiratiou of one year next following the exchange of the ratifications of this convention* and the others at successive intervals of a year, one after another, till the whole shall be paid. To the amount of each of the said instalments shall be added interest at four ( per centum thereupon, as upon the other i instalments then remaining unpaid, the * said interest to be computed from the day ( of the exchange of the present conven tion." It was also stipulated on the part of the United States, for the purpose of being completely libemied from all the recla mations presented by France on behalf of its citizens, that the sum of one mil lion five hundred thousand francs should be paid to ihe government of France, in ' six annual instalments, to be deducted out ; of the annual sums which Francc had a- . greed to pay, interest thereupon being in like manner computed front the day of the exchange of the ratifications. In ad- J dition to this stipulation, important ad- j vantages were secured to France by the following article, viz: 44 The wines of France, from and after the exchange of the ratifications of the present convention, shall be admitted to consumption in the '? States of the Union, at duties which shall not exceed the following rates by the gal- ! Ion, (such as it is used at present for wines in the United States,) to wit: six , cents for red wines in casks; ten cents for white wines in casks, and twenty -two ; cents for wines of all sorts in botiles. The proportions existing between the du ties on French wines thurf reduced, and ? the general rates of the tariff which went into operation the first January, 1820, shall be maintained, in case the govern I raent of the United Sates should think ' proper to diminish these general rates in a new tarifT. In consideration of this stipulation, which shall be binding on the United Slates for ten years, the French govern* ment abandons the reclamations which it had formed in relation to the Hth article of the treaty of cession of Louisiana. It engages, moreover, to establish on the fane staple cottons of the United States, which, after the exchange of the ratiliea i tions of the present convention, shall he brought directly thence to France by the vessels of the United States, or by French vessels, the same duties as on short stu pic cottons." This treaty was duly ratified in the maimer proscribed by the constitutions , v\ both countries, and the ratification was ? xclrumcd at the City of Washington, on the "Jil i>l" February, 1SH2. On account ol its commercial stipulations it was, in live days thereafter, laid before the Con gress of the I'nited States, which procee ded to enact such laws favorable to the commerce of I' ranee as were necessary to carry i? into lull execution; and France has. from that period to the present, been in the unrestricted enjoyment of the valu able privileges that were thus secured to her. The faith of the French nation hav ing been thus solemnly pledged, through i-s constitutional organ, for the liquida tion and ultimate payment of the long deferred claims o! our citizens, as also for the adjustment of other points of great and reciprocal benefits to both countries, and the United States having with a fidel tiy and promptitude by which their con duet will, I trust, be always characteriz ed, done every thing that was necessary to carry the treaty into full and fair effect on their part, counted, with the most perfect confidence, on equal fidel ity and promptitud, on the part of the French (Government. In this reason able expectation, we have been, I regret to inform you, wholly disappointed. No legislative provision has beeen made by France for the execution of the treaty, ei ther as respects the indemnity to be paid,, or the commercial benefits to be secured to the United States, and the relations between the United States and that pow er, in consequence thereof, are placed in a situation threatening to interrupt the good understanding which has so long and so happily existed between the two nations. Not only has the French government been thus wanting in the performance of the stipulations it has so solemnly enter ed into with the United States, but its omissions have been marked by circum stances which would seem to leave us without satisfactory evidences, that such performance will certainly take place at a future period. Advice of the exchange of ratification* reached Paris prior to the ?????nnBHMi ruaif v i ?r^aak3 8ih of April. 1832. The FVen?*h Cham bers were then sitting, and continued in session until the 21st of that month, and although one instalment of the indemnity was payable on the 2d of February, 1833. one year after the exchange of ra* lifications, no application waft made to the Chambers for the required appropriation, and in consequence of no appropriation having then been made, the draft of the United States government for that instal ment, was dishonored by the minister of finance, and the United States thereby in volved in much controversy. The next session of the Chambers commenced on the 19th November, 1832, and continued until the 25th of April, 1833. Notwith standing the omission to pay the first in stalment had been made the subject of earnest remonstrance on our part, the treaty with the United Slates, and a hill making the necessary appropriation to execute it, were not laid before the Cham ber of Deputies until the 6ih of April, nearly five months after its meeting, and only nineteen days before the elo?se of the session. The bill was read and referred iu a cummiuee, out mere was uo turther action upon it. The next session of the Chambers commenced on the 26th of April, 1833, and continued until the 26th of June following. A new hill was intro* duced on the ilth of June, hut nothing important was done in relation to it du ring the session. In the month of April, 1834, nearly three years after the signa ture of the treaty, the final action of the French Chambers upon the bill to carry the treaty into effect, was obtained, and resulted in a refusal of the necessary ap propriations. The avowed grounds up on which the bill was rejected, are to be found in the published debates of that bo dv, and ?do observations of mine can be necessary to satisfy Congress of their ut ter insufficiency. Although the gross a* mount of l Ik; claims of our citiiens is pro* bably greater than will be ultimately al lowed by the commissioners, sufficient is, nevertheless, shown, to render it abso* lately certain that the indemnity falls far short of the actual amount of our just i claims, independently of the question of damages and interest for the detention. That the settlement involved a sacr.fiee in this respect was well known at the time ? a -sacrifice which was cheerfully acquiesced in by the different branches of th*" Federal government, whose action upon the treaty was required, from a sin* cere desire to avoid further collision up on this old and disturbing subject, and in the confident expectation that the genertl relations between the two countries would be improved thereby. The refusal to vote the appropriation, the news of which was received from our minister in Paris about the 15th of May last, might have been considered the final determination of the French government not to execute the stipulations of the trea ty, and would have justified an immedi ate communication of the facts to Con gress, with a recommendation of such ul timate measures as the interest and ho nor of the United States might seem to require. But with the news of the re fusal of the Chambers to make the appro* prution, were conveyed the regrets of the rvmg, anu a aeciaratton that a national vessel should be forthwith sent out, with instructions to the French minister to give the most ample explanations of the past, and the strongest assurances of the fu ture. After a long passage the promised despatch veasrl arrived. The pledges given by the French minister, upon re ceipt of his instructions, were, that as soon after the election of the new mem* hers as the charter would permit, the le? gislative Chambers of France should be called together, and the proposition for an appropriation laid before them; that all the constitutional powers of the King and his cabinet should be extended to ac? complish the object; and that the result should be made known early enough to be communicated to Congress at the com mencement of the present session. Re lying upon these plnlges, and not doubt* ing that the aeknowleged justice of our claims, the promised exertions of the King and his cabinet, and above all, that sacred regard for the national faith and honor for which tlie French chatacter has been so distinguished, would secure an eaily execution of the treaty in all its parts, I did not deem it necessary to call the attention of Congress to the subject at its last session. I regret to say that the pledges mado through the minister of France have not been redeemed. The new Chambers met on the 3ist July last, and although the subject of fulfilling treaties was allu ded to in the speech from the throne, no attempt was made by the King or his ca binet to procure an appropriation to car* vy it into execution. The reasons give? for this omission, although they might be considered sufficient in an ordinary case, are not consistent with the cxpec* tations founded upon the assurances giv en here, for there ? no constitutional oh*
The Durham Recorder (Durham, N.C.)
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Dec. 10, 1834, edition 1
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