CAI OTAN PUBLISHED EVERY SATURDAY MORNING AaJ2IDI3IL 9212331 iTD33IPlLI EDITORS AND PROPRIETORS. JYmnbcr 20, of Volume 1G : Tl-I SALISBURY, NORTH-CAROLINA, DECEMREI1 19, 1835. Delirered to both Houses, at the opening cf the Jir.it Ses.rio.n of the Twenty-fourth Congress, on the bth cf JJccembcr, 1 35. I'lUoic-Citizens of the Senate and House of Representatives : In the discharge of my official duty, the task again dcvoles up.n mo of communicating with a new Congress. The reflection that the representa tion of the Union has been recently renewed, and that the constitutional term of its service will expire with my own, heightens the solicitude with which 1 shall attempt to lay before it the state of our na tional concern, ami the devout hope which 1 che rish that its lalnrs to improve them may be crown ed with success. You are assembled at a period of profound inte rest to the American patriot. The unexampled growth and prosperity of our country, hav ing given us a rank in tbe scale of nations which removes all apprehension of danger to our integrity ami inde pendence from external foes, the career of freedom lief ire us, with an earnest from the past, that, if true to ourselves, there can le no formidable obsta cle in the future, to its peaceful and uninterrupted pursuit. Yet, in proportion to the disappearance of those apprehensions which attended our weak ness, nt once contrasted with the power of some of the states of the old world, should we now lm soli citous as to those which belong to the conviction, that it is to our own conduct we must look f r the preservation of those causes, on which dejiend the excellence and the duration of our happy system of Government. In the example of other systems, founded on the will of the people, we trace to internal dissension the influences which have so often blated the hopes of the friends of freedom. The social elements, which were strong and successful when united against external danger, failed in the more difficult task of properly adjusting their own internal organ ization, and thus gave way the great principle of self-government. Let us trust that this admonition will never b? forgotten by the Government or the )oople of the United States; and that the testimony which our experience thus far hold out to the great human family of the practicability ami the blessings of free government will be confirmed in all time to come. We have but to look at the state of our agricul ture, manufactures, and commerce, and the unex ampled increase of our population, to feel the mag nitude of the trust committed to us. Never, in an former period of our history, have we had greater reason than we now have, to le thankful to Divine Providence for the blessings of health and general prosperity. Kvery branch of labor we see crown ed with most abundant rewards: in every element of national resources and wealth, and of individual comfort, wo witness the most rapid and solid im provements. With no interruptions to this pleas ing prospect at home, which will not yield to the spirit of harmony and good will that sj striMngly pervades the mass of the people an every quarter, amidst all the diversity of interest ami pursuits to which they are attached : and with no cause of so licitude in regard to our external atlairs, which will not, it is iiojwd, disappear before the principle of simple justice and the forbearance that mark oir intercourse with foreign Powers we have every reason t feel proud of our b-doved countrv. The general state of our Foreign Relations has not materially changed since my last annual m :s gage. In the settle nrit of the question of the North easter.! boundary, little progress has been made, Great Rritai.n na decimal acceding to the propo sition of the Unite- States, presented in accordance with the resolution of the Senate, unless certain preliminary conditions were a dmittt d which I deemed incomrutib'.o with a satisfactory and rii:ht ful adjustment of the contnnersy. Waiting for some distinct proposal from the Government of Great loitrin, which has been invited, I can cnlv repeat the expression of my confidence, that with the ?i ruii mutual disposition which I ldieve exists, to make a just arrangement, this perplexing ques tion can be settled with a due regard to the well founded pretensions and pacific policy of all the parties to it. Fvcuts are frequently occurring on the Northeastern frontier, of a character to impress upon all the necessity of a speedy and definitive termination ot tho dispute. i nis consideration, added to the desire common to both, to relieve- the !i!eral and friendly relations so happily existing ctween the two countries from all embarrassment, will, no doubt, have its just influence upon both. Our diplomatic intercourse with Portugal has iccn renewed, and it is expected that the claims of ur citizens, partially paid, will be fully satisfied as oon as the condition of the Queen's Government will permit the proper attention to the subject of hem. I hat Government has, 1 am happy to in form you, manifested a determination to act upon ,he liberal principles which have marked our com timrcial policy; the happiest effects upn the future trade between the United States and Portugal, are anticipated, from it, and the time is not thought to be remote when a system of perfect reciprocity will be establishad. The instalments due under the Convention with the King of the Two Sicilies, have been paid with that scrupulous fidelity by which his whole conduct has been characterised, and the hope is indulged, that the adjustment of the vexed question of our claims will be followed by a more extended and mutually beneficial intercourse between the two countries. The internal contest still continues in Spun. Distinguished as this struggle has unhappily lcen, ly incidents of the most sanguinary haracter, the cbligations of the late treaty of inde: t.ii ftcatiou with Up, have been, nevertheless, faithfully executed by the Spanish Government. No provision having been made at the last ses sion of Congress for the ascertainment of the claims to- Le paid, and the apportionment of the funds, un derline convention made with Spain, I invite your early attention to the subject. The public eviden ces of the debt have, according to the terms of the convention, and in the forms prescribed by it, been placed in the possession of the United States, and the interest, as it fell due, has been regularly paid upon them. Our commercial intercouse with Cuba stands as regulated by the act of Congress. No recent information has been received as to the dis position of the Government of Madrid on this sub ject, and the lamented death of our recently ap pointed Minister, on his way to Spain, with the pressure cf their affairs at home, render it scarcely probable that any change is to Ikj looked for during the comjng year. Further ortions of the Florida archives have been sent to the Unictd States, al though the death of one of the Commissioners, at ii critical moment, embarrassed the progress of the delivery of them. The higher officers of the local Government have recently shown an anxious desire, in compliance with the orders from the parent Go vernment, to facilitate the selection and delivery of all we have a right to claim. Negotiations have leen opened at Madrid, for the establishment of a lasting ieace between Spain and such of the Spanish American Governments of this hemisphere, as have availed themselves of the intimation given to all of them, of the disposition of Spain to treat ujon the basis of their entire in dependence. It is to be regretted, that simulta neons appointments, by all, of ministers to negotiate with Spain, had not been made ; the negotiation it self would have Irmmi simplified, and this long-standing dispute, spreading over a large portion of the world, would have been brought to a more speedy conclusion. Our political and commercial relations with Aus tria, Prussia, Sweden, and Denmark, stand on the usual favorable bases. One of the articles of our treaty with Russia, in relation to the trado on the Northwest coast of America, having expired, in structions have l)cen given to our Minister at St. Petersburg to negotiate a renewal of it. The long and unbroken amitv between the two Governments gives every reason for supposing the article will be renewed, if stronger motives do not exist to prevent it than, with our view of the subject, can be antici pated here. I nsk vour attention to tho Message of my pre decessor at the opening of the second session of the nineteenth Congress, relative to our commercial in tercourse with Holland, and to the documents con nected with that subject, communicated to the Ho. of Representatives on the 10th of January, 1825, and lth January, 1827. Coinciding in tho opin ion of my predecessor, that Holland is not, under the regulations of her present system, entitled to have her vessels and their cargoes received into the United States on the footing of American ves sels and cargoes, as regards duties of tonnage and impost, a respect for bis reference of it to the le gislature, has alone prevented me from acting on the subject, I should still have waited, without Comment, for the action of Congress, but recently u claim has been made by Relgian subjects for ad mission into our ports for their ships and cargoes, on the same (voting as American, with the allega tion we could not dispute, that our vessels received in their ports the identical treatment shown to them in tho ports ot HoIIoid, upon whoso vessels no dis crimination is made in the ports of the U. States. (hving the same privilege's, the Lelgtans expected the same benefits benefits that were enjoyed, in fact, when Belgium and Holland were under one government. Satisfied with the justness of their pretensions to Irj placed on the same footing with lioil?.nd, J could not, nevertheless, without disre g.ird to the principle of our laws, admit their claim to be treated as Americans; and at the same time a res:ect for Congress, to whom the subject had long since lecn referred, has prevented me from producing a just equality, by taking from the ves sels of Holland riileges conditionally granted by nets of Congress, although the condition upon which the grant was made, has, in my judgement, failed since I recommend, therefore, a review of the act of 182-1, and such a modification of it as will produce equality, on such terms as Congress shall think best comports with our settled policy, and the the obligations of justice to two friendly Powers. With the Sublime Porte, and all the Govern ments on tho coast of Iiarbary, our relations con tinue to be friendly. The projor steps have been taken to renew our treaty with Morocco. The Argentine Republic has again promised to send, within the current year, a Minister to the U. States. A Convention with Mexico for extending the time for the appointment of Commissioners to run the boundary line has been concluded, and will be submitted to the Senate. Recent veents in that country have awakened the liveliest solicitude in the United Stutes. Aware of the strong tempta tions existing, and powerful inducements held out to the people of the United States to mingie in the dissensions of our immediate neighbors, instruc tions have been given to the District Attorneys of the United States, where indications warranted it, to prosecute, without resjcct to jiersons, all who might attempt to violate the obligations of our neu trality : while at the same time it has been thought necessary to apprize the Government of Mexico, that we should require the integrity of our territo ry to be scrupulou.-dy resjected by Inttli parties. From our diplomatic agents in Rrazil, Chili, Pe rt?, Central America, Venezuela, and New Grana da, constant assurances are received of the contin ued good understanding with the Governments to which they are severally accredited. With those Governments upon which our citizens have valid and accumulating claims, scarcely an advance to wards the settlement of them is made, owing main ly to their distracted state, or to the pressure of im perative domestic questions. Our patience has been, and wi'd probably be, still further severely tried; but our fellow-citizens whose interests are involved, may confide in the determination of the Government to obtain for them, eventually, ample retribution. Unfortunately many of the nations of this hem isphere arc still seif-tormcnted by domestic dissen sions. Revolution succeeds revolution, injuries are committed on foreigners engaged in lawful pursuits, much time elapses before a Government sufficiently stable is erected to justify expectations of redress Ministers are sent and received, and before the dis cussions of past injuries are fairly beun, new trou arise ; but too frequently new injuries are added to the old, to be discussed together, with the existing Government, after it has proved its ability to sus tain the assaults made upon it, or witli its successor, if overthrown. If this unhappy condition of things shall continue much longer, other nations will be under the painful necessity of decid ng whether jus tice to their suffering citizens dtcs not require a prompt redress of injuries by their own power without waiting for the establishment of a Govern ment couictent and enduring enough to discuss and to make satisfaction for them. Since the last session of Congress, the validity of our claims upon France, as liquidated by the treaty ot lb-SI, has been acknowledged by botn branches of her legislature, aud the money has been appropriated for their discharge ; but the pay met is, 1 regret to inform you, still withheld. A brief recapitulation of the most imimrtant in cidents in this protracted controversy, will show how utterly untenable are the grounds upon which this course is attempted to be justified. On entering umm the duties of mv station, I found the United States an unsuccessful applicant to the justice of France, for the satisfaction of claims, the validity of which was never questionable, and has now leen most solemnly admitted by France herself. The antiquity of these claims, their high justice, and the aggravating circumstances out of which thev arose, are too familiar to the American Peo pie to require description. It is sufficient to say, that, for a jeriod of ten or upwards years, our com merce was, with but little interruption, the subject of constant aggressions on the part of France ag gressions, the ordinary features of which wre con demnations of vessels and cargoes under arbitrary decrees, adopted in contravention, as well of the laws of nations, as of treaty stipulations; burnings on the high seas, aud seizures and confiscations, under special unierial rescripts, in the ports of oth er nations occupied by the armies, or under the control of France. Such, it is now conceded, is the character of the wrongs we suffered wrongs, in many cases, so flagrant, that even their authors ne ver denied our right to reparation. Of the extent of these injuries, some conception may be formed from the fact, that after the burning of a large amount at sea, and the necessary deterioration, in other cases, by long detention, the American pro perty so seized and sacrificed at forced sales, ex cluding what was adjudged to privateers, bof re or without condemnation, brought into the French Treasury upwards of twenty-four millions of francs, besides large custom-house duties. The subject had already been an affair of twenty years' uninterrupted ncgociation, except for a short time, when France was overwhelmed by the mili tary power of united Furepe. During this period, whiUt other nations were extorting from her pay ment of their claims at the point of the bayonet, the United States intermitted their demand for jus tice, out of respect to the oppressed condition of a gallant people, to whom they felt under obligations for fraternal assistance in their own days of suffer '1112, and peril. The bad effects of these protracted and unavailing discussions, as well upon our rela tions with r ranee as u(on our national honor, were obvious; and the line of duty to my mind was equal ly so. This was, either to insist upon the adjust ment of our claims within a reasonable period, or to abandon them altogether. I could not doubt that, by this course, the interests and honor of tho countries would Ik; best consulted. Instructions were therefore given in this spirit, to the Minister who was sent out, once more to demand reparation. Upon the meeting of Congress, in Doccmler, I S'-'O, I felt it my duty to speak of these claims, and the delays of France, in terms calculated to call the serious attention of both countries to the suhject.- The then French Ministry took exception to the Message on the ground of its containing a menace, under which it was not agreeable for the French Government to negociate. The American Minis, ter, of his own accord, refuted the construction which was attempted to Ikj put upon the Message, and, at the same time, called to the recollection of the French Ministry, that the President's Mesae was a communication addressed, not to foreign Go vernments, but to the Congress of the U. States, in which it was enjoined upon him, by the Consti tution, to lay before that body information of the state of the Union, comprehending its foreign as well as its domestic relations; and that if, in the discharge of this duty, he felt it incumbent upon him to summon the attention of Congress, in due time, to what might be the possible consequences of existing difficulties with any foreign Government, he might fairly lo supposed to do so under a sense of what was duo from him in a frank communica tion with another branch of his own government, and not from any intention of holding a menace over a foreign Power. The views taken by him received my approbation; the French Government was satisfied, and the negotiation was continued. It terminated in tho Treaty of July 4, 1831, re cognizing the justice of our claims, in part, and promising payment to the amount of twenty-five millions of francs, in six annual instalments. The ratifications of this treaty were exchanged at Washington, on the tind of February, 1832, and in five days thereafter it was laid before Congress, who immediately passed the acts necessary, on our part, to secure to France the commercial advanta ges conceded to her in the compact. The Treaty had previously been solemnly ratified by the King f i the French, in terms which are certainly not mere matters of form, and of which the translation is as follows: "We approving the above Conven tion, '1 all and each of the dispositions which are contained in it, do declare, by rirselves, as we'll as by our heirs and successors, that it is accepted, ap proved, ratified, anil confirmed ; and by these pre- commend such as in my judgment, the occasion sents, signed by our hand, we do accept, approve, called for. To this end, an unreserved communi ratify, and confirm it; promising, on the faith and cation of the case, in all its aspects, became indis word of a King, to observe it, and to cause it to be pensable. To have shrunk, in making it, from observed inviolably, without ever contravening it, saying all that was necessary to its correct under or suffering it to bo contravened, directly or inch- standing, and that the truth would justify, for fear rectly, for any cause, or under any pretence what- of giving offence to others, would have been un soevcr." worthy of us. To have gone, on the other hand, Official information of the exchange of ratifica- a single step further, for the purpose of wounding tions in the United States reached Paris whilst the the pride of a Government and people with whom Chambers were in session. The extraordinary, we had so many motives for cultivating relations of and to us, injurious delays of the French Govern- amity- and reciprocal advantage, would have been ment, in their action upon the subject of its fulfil- unwise and improper. Admonished by the past of ment, have been heretofore stated to Congress, and the difficulty of making even the simplest statement I have no disposition to enlarge upon them here, of our wrongs, without disturbing the sensibilities It is sufficient to observe that ttie then pending ses- of those who had, by their position, become rcspon sion was allowed to expire without even an effort to sible for their redress, end earnestly desirous of obtain the necessary appropriations ; that the two preventing further obstacles from that source, I succeeding ones were also suffered to pass away went out of my way to preclude a construction of without any thing like a serious attempt to obtain the message, by which the recommendation that a decision upon the subject ; and that it was not was made to Congress mi "-lit be regarded as a me until the fourth session, almost three years after nace to r ranee, in not only disavowing such a dc the conclusion of the treaty, and more than two sign, but in declaring that her pride aud her power years after the exchange of ratifications, that the were too well known to expect any thing from her bill for the execution of the treaty was pressed to fears. The message did not reach Paris until more a vote and rejected. than a month after the Chambers had been in ses- In the meantime, the Government of the United sion ; and such was the insensibility of the Ministry States having full confidence that a treaty entered to our rightful claims and just expectations, that into and so solemni)' ratified by the French King, our Minister had leen informed that the matter, would le executed in good faith, and not doubting when introduced, would not be pressed as a cabinet that provision would be made for the payment of measure. the first instalment, which was to become due on Although the message was not ofBciallv mm. the second day of February, 19.'J3, negotiated a municated to the French Government, and notwith draft for the amount through the Rank of the Uni- standing the declaration to the contrary which it ted Stales. When this draft was presented by the contained, the French Ministry decided to consider holder, with the credentials required by the treaty the conditional recommendation of reprisals, a me to authorize him to receive the money, the Govern- nace and an insult, which the honor of the nation ment of France allowed it to be protested. In ad- made it incumbent on them to resent. The mea dition to the injury in the non-payment of the mo- sures resorted to by them to evince their sense of ney by France, conformably to her engagement, the supposed indignity, were, the immediate recall the United States wore exposed to a heavy claim of their minister at Washington, the offer of pass on the part of the Rank, under pretence of damages, ports to the American Minister at Paris, and a pub in satisfaction of which said institution seized upon, lie notice to the Legislative Chambers, that all di and still retains, an equal amount of the public mo- plomatic intercourse with the United States had neys. Congress was in session when the decision been suspended. of the Chambers reached Washington, and an im- Having, in this manner, vindicated the dignity of mediate communication of this apparently final de- France, they next proceeded to illustrate her justice, cision of France not to fulfil the sf ipulations of the To this end a bill was immediately introduced into treaty, was the course naturally to be expected from the Chamljer of Deputies, proposing to make the the President. The deep tone of dissatisfaction appropriations necessary to carry into effect the which M'rvaded the public mind, and the cor res- treaty. As this bill subsequently passed into a law ondcnt excitement produced in Congress by only the provisions of which now constitute the main a general knowledge of the result, rendered it more subject of ditlicuby letween the two nations, it bc than probable that a resort to immediate measures comes my duty, in order to place the subject before of redress would le the consequence of calling the you in a clear light, to trace the history of its pas attention of that body to the subject. Sincerely sage, and to relet, with some particularity, to the desirious of preserving tho pacific relations which proceedings and discussions in regard to it. The had so long existed lietwcen the two countries, I Minister of Finance, in his ojening speech, alluded was anxious to avoid this course if I co jld be satis- to the measures which had been adopted to resent fled that by doing so neither the interest nor the the supposed indignity, and recommended the exe- honor of my country would be compromised. cution of the treaty as a measure reouired by the Without the fullest assurances upon that point, I honor and justice of France. He, as the oran of could not hope to acquit myself of the responsibility the Ministry, declared the message, so lon as it to be incurred, in suffering Congress to adjourn had not received the sanction of Congress, a mere without laying the subject lefoie them. Those expression of the personal opinion of the President received by me were believed to be of that cha- for which neither the Government nor People of the racier. United States were responsible, and that an en-rafre- That the feelings produced in the United States ment had been entered into, for the fnlfilmenrof by the news of the rejection of the appropriation which the honor of France was pledged. Entcr- would be such as I have.describod them to have taining these views, the single condition which the been, was foreseen by the French Government, and French Ministry proposed to annex to the payment prompt measures were taken by it to prevent the of the money was, that it should not be made until consequences. The Kinr, in person, expressed it was ascertained that the Government of the Uni- through our Minister at Paris his profound regret ted S ates had done nothing to injure the interests at the decision of the Chambers, and promised to of France ; or, in other words, that no steps had send, forthwith, a national ship with despatches to been authorized by Congress of a hostile character his Minister here, authorizing him to jive such as- towards France. surances as would satisfy the Government and Peo- What the disposition or action of Congress miht n!o of the United States that the treaty would yet be, was then unknown to the French Cabinet, jfut, be faithfully executed by France. The national on the 14th of January, the Senate resolved that it ship arrived, and the Minister received his instruc- was, at that time, inexpedient to adopt any legisla tions. Claiming to act under the authority derived tive measures in regard to the state of affairs be from them, he g ive to this Government in the tween the United States and France, and no action name of his, the most solemn assurances, that, as on the subjec t had occurred in the House of Repre soon after the new elections as the charter would sentatives. These facts were known in Paris prior permit, the French Cham!ers would be convened, to the Sth of March, 1S35, when the committee and the attempt to procure tho necessary appropri- to whom the bill of indemnification had been refer ations renewed ; that all the constitutional powers red, reported it to the Chamber of Deputies. That of the King and his Ministers should be put in re- committee substantially re-echoed the sentiments quisition to accomplish the object ; and he was un- of the Ministry, declared that Congress had set derstood and so expressly informed by this Govern- aside the proposition cf the President, and recom ment at the time, to engage that the question should mended the passage of the bill without any other be pressed to a decision at a period sufficiently ear- restrictions than that originallv proposed. Thus ly to permit information of the result to bo. com- it was known to the French Ministry and Cliam municatod to Congress at the commencement of bers, that if the position assumed by them and their next session. Relying upon these assurances, which bad been so frequently and solemnly announ- I incurred the responsibility, great as I regarded ced as the only one compatible with the honor of it to be, of suffering Congress to separate without France, was maintained, and the bill passed as ori- conimunicating with them upon the sul ject. ginally proposed, the money would be paid, and The expectations justly founded upon the promt- there would be an end of this unfortunate contro- ses thus solemnly made to this Government by that vers-. of France, were not realized. The French Cham- But this cheering prospect was soon destroyed bers met on the 31st of July, 1834, soon after the by an amendment introduced into the bill at "the election ; and although our Minister in Paris urged moment of its passage, providing that the money the French Ministry to bring the subject before should not be paid until the French Government them, they declined doing so. lie next insisted had received satisfactory explanations cf the Pre that the Chambers, if prorogued without acting on sident's message, of the 2d December, 1834 ; and the subject, should be re-assembled at a period so what is still more extraordinary, the President of early that their action on the treaty might be known the Council of Ministers adopted this amendment in Washington prior to the meeting of Congress, and consented to its incorporation in the bill. In This reasonable request was not only declined, but regard to a supposed insult which had been form the Chambers were prorogued to tho 29th of De- ally resented by the recall of their Minister, and cember, a day so late, that their decision, however the offer of passports to ours, thev- now, for tho urgently pressed, could not, in all probability, be first time, proposed to ask explanations. Senti obtained in time to reach Washington before the ments and propositions, which they had declared necessary adjournment of Congress by the Consti- could not justly be imputed to the Government or tution. The reasons given by the Ministry for re- People of the United States, are set un as obstacles fusing to convoke tho Chambers at an early period, to the performance of an act of conceded justice to were afterwards shown not to be insuperable, by that Government and people. They had declared their actual convocation on the 1st of December, that the honor of France required the fulfilment of under a special call, for domestic purposes which the engagement into which the Kin- had entered fact, however, did not become known to this Go- unless Congress adopted the recommendations of vernmeat until after the commencement of the last the message. They ascertained that Congress session of Congress. did not adopt them, and yet that fulfilment is refus Thus disappointed in our just expectations, it be- ed, unless they first obtain from the President ex came my imperative duty to consult with Congress planations of an opinion characterized by themselves in regard to the expediency of a resort to retaliate- as personal and inoperative. ry measures, in case the stipulations of the treaty The conception that it was my intention to me- sliould not be speedily complied with ; aud to re- nace or insult the Government of France, is as un-