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; - i v : ' - : r 1 ' i ' . : j . j j (P, A M) TtxTO A- ,. i j ; ; - ' -1. . ' I ' i 'j - . t v, . 1 k ix-,:u--! VOLUME IV NEWBERNj N. C. SATURDAY, .DECEMBER 15, J82I. V NUMBER 195. 1 : weekly, bt ..,TfD AND TCLISnED PASTEUR WATSON, At $ 3 per annum-half in advance. lf'ashiston City, December 5. At 12 o'clock this day, the President of the United States transmitted to both Houses of Congress, by Mr. S.L. Gov XRNEta, the following MESSAGE : petloic Citizens of the Senate, and of the House of Representatives. The progress of our affairs since the the last session has been such as may iiisiiy be claimed and expected, under a guvernment deriving all its powers from an flightened people, and under iaws fjrroed by their representatives, on great consideration, for the sole purpose of promoting the welfare and happiness of t'jeir constituents. In the .execution of flnne law5anJ of the powers vested by d,e co-isiiiution. in the Executive, un re- xn:i;eu aiicn.iw.. 1 t- . m ..iiaiiTinn 11 1 u 1 1 1 1 1 iii 111 iiir v 1 r--i obj'.'Ct to Allien iney exie 1.1. xu uie concerns which are exclusively internal, there is good cause to be satisfied with the result. The laws have had their dae ojeration and ellect. In those rela ting taforeign powers, I am happy to state that peace and amity are preserved with all, by a strict observance, on both sides, of the rights of each. la matters touching our commercial intercourse, where a difference of opinion has existed. ;.ivivjcase,as to the conditions on which it should be placed, each party has pur $ueJ us own policy, without giving just cause of offence to the other. In this an na tl communication especially when it'is aJJrcssed to a new Congress, the wboJe scope of our political concerns naturally oxnes into" view ; that errors, if such hive been committed, may be corrected ; that delects, which have become manifest nuv be remedied $ and, on the other hani that measures which were adopted on due deliberation, and which experi i l l . J I LA ence has shown are just in themselves, and essential to the public welfare, should be persevered in and supported. In perfor ming this necessary and very important d.uy, I shall endeavor to place before you, on its merits, every subject that is thjuht to be entitled to your particular attention, in as distinct and clear a light, as I may be able. P,y an act of the 3d of- March, 1815, 5t much of the several acts as imposed higher duties on the tonnage of foreign vessels, and on the manufactuies and prodactions of foreign nations, when im ported into the United States in foreign vescls, than when imported in vessels of the United States, were repealed, so far as respected the manufactures and pro ductions of the nation to which such ves sel belonged, on the condition, that the repeal should take effect only in favor of a;n foreign nation, when the Executive s'rrikl be satisfied that such discrimina- .. j: 1 . .1-- I camierce, with each, on a basis, which, it was presumed, would be acceptable to Lvery nation was allowed to bnnT itsnn-vif ictures and productions into our ports, and to take the manufactures and pfojuctions of the United States, back to Heir ports, in their own vessels, on the time conditions that they might be tran sported in vessels' of the United States; a-vi, in return it was required that a like accommodation, should be grunted to the v?5m1s of the United States, in the ports ci otiier powers. The article to be ad cittcJ or prohibited, on cither side, tor ho part of the proposed arrane--'.t. Each party would retain the right aj.nit or prohibit such articles from othei as it thought proper, and on its conditions. When the nature of the commerce be tTa the Uniied States and every other county was taken into view, it was ihtthat this proposition would be ttnv.Jered fair, and even liberal, by every Pcr. The exports of the United States cist ceuerally of articles of. the first essity, and of rude materials, in de oi f jr foreign manufactories, of great J1, requiring for their nrinsportation JJ.v vessels, the return for which in (he ufactHres and productions of any fo country, even when disposed of lo aaantaL'e, may be brought in a es h'3 observation is more frr' .y,aPP:icabIe 1"' those counti is 131 -uch manufactures alone are im- j ' D' i uie uuduvdmage vi ue prixuctians in the ports of the United I mted Mites, had likewise been repealed gtates To tni-,ughrlmprpp-by s,cl. nation, liv this act, a proposi- tQ cred and . consenuence, the ported, bat it applies in 1 . . a 'great extent, most favored nation: Bv iu iucuru)tdn uuiijiiiiuus oi every r-u- cunsirucuon or mis amcie, 11 is presumed, oroer io ine collector 01 ot jJary s.iin into one territofv ropea power, ana, in a. certain extent, mat it was intended, that no favor should ; accord fwitu it, were given two years be- poiuted for it: but, to aJI the colonies of those, powers. By be granted to any : power in those ports', More these cases occurred, and in reference pre-existine division. niacin?, men, me navigation precisely on : 10 wnicn r ranee snouia not be torthwith 10 a breach, which was atteoriDted bv tlie and difficn rv of the same ground, in the transportation exports and imports, between. the Uni ted State? and other countries, it' was pie- sumed that all was offered which , could be desired- It seemed to be the only proposition which could be devised which would retain even the semblance of equal ity in our favor. , " ' Many considerations of great weight srave us a',right to expect tbaty thir corn iuierce should be . extended to the jcolo nies, as well as to the European domin- inne rf nlhor nnntorc With ttio -it tar especially wnn counines exclusively manufacturing,- he.advantage was manifestly on their, side. An indemnity for that loss was expected from a trade wifh the colo nies, and; with the greater reason, as - it was known that the supplies which the colonies derived from us were of the highest importance to them, their j labor being bestowed "with so much greater profit in the culture of other articles, and because, likewise, the articles of which those supplies consisted, forming so large a proportion of the exports of the United Mates, were never admitted into any of lhe bf Europe, except in cases of - . 1 great emergency, to avert a serious ca lamity. When 110 article is admitted which is not required to supply the wants of the party admitting it, jand admitted then, not in favor of -any particular coun try, to the disadvantage of others, but on conditions! equally applicable to all, it seems just, that the articles thus admitted and invited should be carried thither in the vessels of ;he country affording such supply, and that the reciprocity should be fouqd in a corresponding accommoda tion on the other side. By allowing each party to participate in the transportation of such supplies, on the payment of equal tonnage, a, strong proof was afforded of an accommodating spirit. To abandon to it the ! transportation of the whole would be j a sacrifice which ought not to be expected; J ht demand, in the pre sent instance, would be the more unrea sonable, iii consideration of the inequality existing in the trade with the parent coun try. . i Such was the basis of our system as established by the act of 1813, and such its true character. In the year in which this act was passed, a treaty was conclu ded with 3reat Britain, in strict confor mity with its principles, in regard to her European dominions. To her colonies, however, in the West Indies and on this continent, it was not extended, the Brit ish government claiming the exclusive supply of those colonies, and from our own ports, and of the pioductions of the colonies in return, in her own vessels. TcMhis claim the United States could not assent, and, in consequence, each party suspended the intercourse, in the vessels of the other? by a prohibition which still exists. j The same conditions were offered to 1 France, but not accepted. Her Govern meht has demanded other conditions, more favorable to her navigation, and which should also give extraordinary en- mnpaDPmpnt fr nor m-j niifa'titroa qiim "? ...... restnctive regulations, which had been adopted on jier part, being countervailed on the part of the United States, the di rect commerce between the two countries, in the vessels of each party, has been in a great measure suspended. It is much to be regretted, that although a negotia tion has been long pending, such is the diversity of views entertained, on theva rioiis points, which have been brought in-to-discussion, that there does not appear to be any reasonable prospect of its early conclusion. It is my duty to state, as a cause of very great regret, trat very serious differ ences have occured, in this negotiation, respecting the construction of the eighth article of the Treaty of 1S03, whereby Louisiana was ceded to the United Statts, and likewise respecting the seizure of the i Apollo, in 1820, for a violation of , our revenue Jaws. The claim of the govern ment of France has excited not less sur- prise than concern, because there does not appear to be a just foundation for it, in either instance. By the eighth article of the Treaty referred to, it is stipulated that, after the expiration of twelve years, during which it was provided, by tl e pre ceding or seventh article that the vessels of France and Spain should be admitted into the ports of the ceded Territory, without paying higher duties on merchan di.se, or tonnaye on the vessels, than such as were paid by citizens of the United Taes. (he nips of France should forever afterwards be placed on the footing of the of the obvious entitled ; jior should any accommodation be allowed, to another power, on condi tions, to which she would not, also, be entitled upon the same conditions. Un der this construction, no favour or 'ac commodation, could be granted, to any power," to the prejudice of France. By allowing the equivalent, allowed by those powers, she would always standi in those ports, on the footing of the most favoured nation. Bat, if this article shmtld be so construed, as that France should ' enjoy, of right, arid without paying the equiva lent, all lhe advantages of such condi tions, as migiit be allowed to other pow ers in return to important concessions - made by them, then, the whole character of the stipulation woulJ1 be changed he would not be. placed on the footinsr of the mo-t fa von ted -nation', but on a footing held bv no other riatidn.. She" would en joy' t all the advantages allowed to them,, in consideration of like, advan tages allowed to us, -Veefrom every, and any, condition, whatever. , As little caiise4 has the Government of France to corafdun of he seizure of the A polio, and the removal of other vessels' from the waters of the St, - Alary's. It will not be denied, -that evejy nation has a right to regulate its commercial system, as it thinks fit, and to enforce the collect tioii of its revenue, provided it be, done, v,i without an invasion of the rights of other ! powers. The violation of its revenue ; laws, is an offence, which all nations ! nnnJh- the nnnishmpnt nf ivhJrh n;v.c no just cause of complaint, to the power to which the offenders belong, provided it be extended toaJI,.eqiiy.- in this " ' ft mf . case, every circumstance which occurred, indicated a fixed purpose, to violate our revenue laws. Had the party intended j taliaVe pursued a fair tradeJie would have entered our ports, and paid the du- j ties : or had he intended to have carried on a legitimate circuitotA commerce, with the United States, he would have entered :he port of some other power, landed his goods at the custom house according to law, and re-shipped and sent-them in the vessels of such power, or of some other power which might lawfully bring tliem, free from such duties, to a port of the Ur nited States. But the conduct of the par ty in this case, was altogether different. fie entered the,, river i?t. Mary's, the boundary between" the United States, and Florida arid took his position on the Spa- nish side, onT which, in the whole extent of the river, there was no town, no pcrt, or custonr Irouse, and scarcely any settle ment. His purpose, therelore, was not to sell his goods to the inhabitants of Florida, but to citizens of the United States, in exchange (or their productions, which could not be done, without a direct and palpable breach of our laws. It is known that a regular systematic plan, liad been formed by certain other persons for the violation of our revenue system, which made it the more necessary to check the proceeding in its commencement. i mat tne unsettled oani pi a rive so remote from the Spanish garrisons and population, could give no protection to any party, in such a practice, is believed loioe in strict accora, wnn me law oil na tions. It would not have comported with a friendly policy in Spain herself, to have testablished a custom house there, since it could have subserved no other purpose, than to elude our revenue laws. But the Government of Spain did not adopt that measure. On the contrary, it is under stood, that the Captain General of Cuba, to ; whom an application to that effect was made, by these adventurers, had not ac ceded to it. The condition of those pro vinces for many years, before they were ceded to the United States, need not now be dwelt on. Inhabited bv different tribes of Indians, and an inroad for every kind of adventurer, the jurisdiction I of Sirain'mav be said tS have been, almost exclusively, confined to her garrisons. It certainly could not extend to places, where she had no authority. The rules .1.1 r l: t-1 -.l I iimint.Lo governed by laws, could not be deemed so ' to the deserts of Florida, and to the occurrences there. It merits attentiop, also,, that the territory had been ceded" to the United States, by a treaty,, the ratifi cation of which had not been refused, and which has since been performed. Under such circumstances therefore; Spain pe- casrie less responsible for such acts, com mitted there, and the United States, more at liberty to exercise authority, to pre vent so trreat a mischief. The con- duct of this Government, has, in every instance, been conciliatory and friendly to France. The construction ol our re venue law, in its application to the cases, which have formed the ground of such serious complaint on her part, and the subjects of another power. Its applica- tion, therefore, to the cases in question, was inevitable. As soon as the Treaty, by which these provinces' were ceded to the United States, was ratified, and all dangerj of further breach of our revenue laws ceased, an order was given for the releaselof the vessel, which -had been I'seizedMnd for the dismission of the libel. which had been instituted against her. 4 The, principles of this system of reci procity founded pn the law of lhe 3d.' of March'! 1815, havebeen since carried in to effect with the Kingdom of the Neth erlands, Sweden,! Prussia, and with Ham ! bur Bmen, Lubeck, and Oldenburg, j w,h a: provision made by subsequent laws, in regard to the ISetherlands, Prus sia, Hamburg, and Bremen, 'that such j produce aijd maiiufactures, as could only bejor 'most usuallv were,thrsfc- shipped from the ports , of those countries, the same bejgimporteuin ; vessels, wholly belongnittheir5subjects, should be cdnXretl: IBddfoXitted . as their own manufact uts&tifc productions. ThejgoVTrAment of Norway has, by an ordinance, opened the ports of that part of the dominions of the King of Sweden, to the vessels of the United States, upon the payment of jio other or higher duties than are paid by jthe Norwegian vessels, from whatever place arriving, and with whatever articles laden. They have re quested the reciprocal allowance for the vessels of Norway in the ports of the united states. ! As this privilege is not i United states. within the scope of the act of the 2d of JMchj 1815, can only be granted -v "ss, ana a3 it may involve the commercial relations 01 tne Union with other nations, the subject is submitted to the wdom of Congress. T ! a. 1 . 1 11 i nave presented tnus tuny to your view our commercial relation with other powers, that, seeing them in detail with 1 eaC.h Power and knowing the basis on wnicn wey rest ingress may in its J wlsdom decide, whether any change onghl to be made, and, if any, in what respect. It this basts is subject or un reasonable, surely itought to be aban doned ; but if it be just and reasonable, and any change in it will make conces sions subversive of the principles of i equality, and tending in its consequences to sap the foundations ofour prosperity, then the reasons are equally stron? for ; -adhering to the ground already taken, and supporting it by such further regula- uons as may appear to oe proper, should anjT additional support be found neces- sarv The question concerning the construc tion of the first article of the treaty of Ghent, has been, by a joint act of the Kepresentatives of the United Statesand of Great Britain, at the court of St. Pe- tersburg, submitted to the decision of his Imperial Majesty the Emperor of Russia. The result of that submission has not yet been received. The Commissioners, under the 5th article of. that treaty -'not having been able, to agree upon their decision, their reports to the two Govern ments, conformably to the provisions of the treaty may be expected at an early day- , .' 1 With Spain, the treaty of February 22d, .1819, has been partly carried into execution. Possesion of East and West Florida has been given to the United States, but the officers charged with that service by ah order from his Catholic Majesty, delivered by his Minister to the Secretary pf State,1 and transmitted by a special agent to the Captain General of Cuba, to whom it was directed, and in whom the government of those provinces was vested, have not only omitted, in j contravention of the orders of their sover eign the performance of the express sti pulation, to deliver over the archives and documents relating to, the property and sovereignty of those provinces, all of which it was expected would have been delivered, either before or when tne trooos were withdrawn, out aeieaiea, - ."P"? ' f ha. given rise to several incidents of a pain- fu! nature, the character oi wnico wm be fullv disclosed by tne oocumenw, winch will nereancr w wmu.-u.v- vu, In everv other c'lrcumstance the law of the 3d of Match last, for carry m mtp ef fect that treaiv. has been duly attended to. For the'execution of that part which preserved in force, for, the government of the inhabitants for the term specified, all the civil, military, and judicial pow ers, exercised by the existing government of those provinces, an adequate number rnG.o,m aV was Dresumed. were arl pointed, and ordered ta their respective I stations. Both ) provinces were lorined and a governor ap in consideration of the and of the distance rnmrruinlrntinn httKn Tensacola, the iesidence of the Governor each province was principally collected, t woiSecretaries wei e appointed, one . to reside at Pensacola, and theWher j at Sr. Augustine. Dueattent'un was also paicl to the execution of the laws of the United - Sates relating' to the revenue and the slave trade, which were extended to these provinces. . The whole territory was di vided into three collection districts, that " part lying between the' fiver St. Mary 'c and Cape Florida, forming one, that from the Cape to the Apalachicola, ano ther, and that from the Apalachicola tj the Perdido, the third. To these dis tricts the usual number of revenue offj-, xers 'were appointed ; and, to secure the " due operation of these laws, one judge &f a district attorney were appointed, to re- ' side at Pensacola; and, ' likewise one judge arid a district attorney to reside at . St. Augustine, with a specified boundary between them ; and one marshal for the whole, with authority to appoint a depu ty. In carrying this law ihtb effect, and . especially that part of it relating to the powers of the existing government of -those provinces, it was thought impor tant, in consideration of the short errrr for which it was to openre, anri vVie radical change which would be ftade at the ap-F proaching sessig:; Congress, to avoid i. expense, to make hd'abpointment which shorjid not be absolutely necessary to give effect to those powers, to wm!: none 'or6Grihiasfrt4Hhcr'rnuits'faer:ebjr ' to suDjecnne government to claims which could not be gratified,, and the par ties to losses, which it would be painful to witness. It has been ;seen, with much concern, that, in the performance of these duties, a collision arose between . the Governor of the Territory, and the Judge appoin ted for the Western district, .ft was pre sumed, that the law under whichithis transitory Government was organized, and the commissions which were granted to the officers, wild were 'appointed to execute each a branch of the system, ar.d to which the commissions were adapted, would have been understood in the same sense, by them,' in which they were un derstood by the Executive Much ' al lowance is due to .officers, employed ,irv each branch of this system, and the more so, as there is good cause to believe that' each acted under a conviction, that he possessed the power which he undertook to exercise.! Of the officer holding the principal station, I think it proper to ob- ' servethat he accepted it with reluctance, in compliance with the invitation given him, and from a high sense of duty to hit country, being willing to contribute to the consumation of arrejr.ent, which would ensure complete protection to an impor tant part of.our Union, which had suffered much, from incursion and invasion, (and to the defence of which, his very gallant and patriotic services, had been so signal ly, arid usefully devoted. ( From the intrinsic difficulty of ex ecu- . ting faws deriving their origin frorn dif ferent sources, ana so essentially uiuer- ent in many, important circumstances, . - . I 1 l.L - the advantage, ana, inaeeu me necessity, of establishing, as soon a may be practi- . cable, a well organized government over the territory, on the principle's of our sys tem; is apparent. This subject, there fore, is recommended to - the early con--siceration of Congress.- In compliance with an injunction of the law of the 3d of March last, jhree Com missioners have also been appointed, and a board organized, for carrying into effect the eleventh article of the Treaty above :" recited, making provision for the pay ment of such of our citizens as have well founded claims on Spain, of the character- " specified by that treaty. This board has entered on its duties, and made some progress therein. The Commissioner and Surveyor of His Catholic Majesty, provided for by the fourth article of the Treaty, have not ytt arrived iri the Uni ted States, but are soon expected. As soon as they do arrive, corresponding ap pointments will be made, and every ficiUty be afforded, for the due execution ot this service. . V i - '. , " , r The Government of His Most Faithful of est Florida, and St Augustine, that of the Governor of East Florida, at which places, the inconsiderable population of .Majesty, since the terminauon of the last session of Congress nas orcn rcuwvcu frotxi Rio de Janeiro to'Lisbon, .where) a , revolution, similar to that which had i cured in the neighbouring kingdom of Spain, b-ld, in Jke manner, Wn saric tiooed, by the accepted and pledged faith -of the reigning Monarch. The diplo tnatJr intercourse between the United tates and the Poxtoguwe doommu$,w-. V 1 V 7 ' t ; ) i. i H i f y 'iii .1 i v. i "i; : r ' 'i rv - y i ' t 'I ' M 'i.i 1 : 1
Newbern Sentinel (New Bern, N.C.)
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Dec. 15, 1821, edition 1
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