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The wuole art ok Government consists in the art of being honest. Jefferson.
VOL. 2.
STROUDSB LTRGr. MONROE COUNTY, PA., WEDNESDAY, DECEMBER. 15, 1841;
No. 41:
f a ja lt ?f&''
PRINTED AND PUBLISHED BY
THEODORE SCHOCtti
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From the New VoHc Tribune.
CONGRESS reassembled at Washing
ton on Monday, and a quorum of each House
was found to be present. The officers elec
ted at the late Session continue, of course,
but some change will in due season be made
in the constitution of the leading Commit
tees. Mr. J. Q. Ad Alls moved that the XXIst Rule
of the House, (excluding Abolition Petitions,)
bo now rescinded. The resolution was de
feated by a majority of three votes. Yeas
84, Nays 87. The subject will of course
come up at a more favorable time.
The two Houses communicated td bach
other and to the President, the fact that they
were duly organized and ready to receive
.communications. They then adjourned.
At 12 o'clock on Tuesday, both Houses
re-assembled, and the President transmitted
to each the following
MESSAGE.
Fellow-citizens of the Senate
and House of itc preventatives:
In coming together, fellow-citizens, to en
ter again upon the discharge of the duties
with which the People have charged us,
severally, we find great occasion to rejoice
in the general prosperity of the country.
Mre are in the enjoyment of all the blessings
of civil and religious liberty, with unexam
pled means of education, knowledge, . and
improvement. Through the year which is
now drawing to a close, peace has been in
our borders, and plenty in our habitations;
-and although disease has visited some few
portions of the land with distress and mor
tality, yet in general the health of the Peo
ple has bppn preserved, and we are all called
upon, by the highest obligations of duly, to
renew our thanks and our devotion to our
Heavenly Parent", who has continued to
Touchsafe to us the eminent blessings which
surrounded us, and who has so signally
crowned the year with His goodness. If we
find ourselves increasing, beyond example,
in numbers, in strength, in wealth, in knowl
edge, in every thing which promotes human
and social happiness, let us ever remember
our dependence, for all these, on the protec
tion and merciful dispensations of Divine
Providence.
Since your last adjournment, Alexander
McLeod, a British subject, who was indicted
for the mnrder of an American citizen, and
whose case has been the subject of a cor-
-r ,
respondent heretofore communicated to yoUj
K it iViivjarrTirt nf nn-iirru
partial and intdligeiujwdasunder
the judgement of ihejpmirT, beem&egularly
discharged. JjF
Great Britain hajing'made known to this
Government that the expedition which was
fitted out from Canada forfhe destruction of
ihe steamboat Caroline, in the winter of 1837,
andwiilch .-result 3 in the destruction of said
b"oa?,"and faublKleath of -a if American citi
zen, was undertaken by orders emanating
from the authorities of the British Govern
ment, in Canada, and demanding the dis
charge of McLeod jupon the ground that, if
engaged in that expedition he did but fulfil
the orders of his Government, has thus been
answeredjn theonly way in which she could
be answered sbySa Government, the powers
of which are distributed among its several
departments by the fundamental law. Hap
pilyjior the people of Griiat Britain, as well
as ihose of the United States, the only mode
hy which art individual, arraigned for a crim
inal offence, before the Courts of either, can
obtain his discharge, is by the independent
action of the judiciary, and by proceedings
equally familiar to the Courts of both coun
tries. If inpreat Britain a power exists in the
Crown io cause to be entered a nolle prosequi,
which is not the cause with the Executive
power of the United States upon a prosecu
tion pending in a State Court yet there, no
more lhan here, can the chief Executive
power rescue a prisoner from custody with
out an order of the proper tribunal directing
his discharge. The precise stage of the pro
ceedings at which such order may be made,
is a matter of municipal regulation exclusive
ly, and not to be compla'ined of by any' 6'ther
Government. ti cases of this kind, a Go
vernment becomes politically responsible on
ly when its tribunals of last resort are shown
to have rendered unjust and injurious judge
ments in matters not doubtful . To the es
tablishment and elucidation of this principle,
ny'nation has lent its authority niorejeflicient
Jy than Great Britain. Alexander . McLeod
having his option cither to prosecute d writ
of error from the decision of the Supreme
Court of .New-York, which had been render
ed upon his application for a discharge, to
the Supreme Court of the United Slates, or
to submit his case to the decision of a jury,
prefered the latter, deeming it the readiest
mode of obtaining his liberation, and the re
sult has fully sustained the wisdom of his
choice. The manner in which the issue
submitted was tried, will satisfy the English
Government that the principles of justice
will never fail to govern the enlightened de
cision of an American tribunal. I cannot
fail, however to suggest to Congress the pro
priety, and, in some degree, the necessity, of
making such provisions by law, so far as they
may constitutionally do so, for the removal at
their commencement, and at the option of the
party, of all such cases as may hereafter
arise, and which may involve the faithful
observance and execution of our internal ob
ligations, from the State to the Federal Ju
cticiary. T,his Government, by our institu
tions, is charged with the maintenance of
peace and the presvation of amicable rela
tions with the nations of the earth, and ought
to possess, without question, all the reasona
ble and proper means of maintaining the one
and preserving the other. Whilst just con
fidence is felt in the Judiciary of the States,
yet this Government ought to be competent
in itself for the fulfilment of the high duties
which have been devolved upon it under the
organic law, by the States themselves.
In tho month of September, a party of
armed men from Upper Canada invaded the
territory" of the United Stales, and forcibly
seized upon the person of one Grogan, and,
under circumstances of great harshness, hur
riedly carried him beyond the limits of the
United States, and delivered him up to the
authorities of Upper Canada. His immedi
ate discharge was ordered by those authori
ties, upon the facts of the case being brought
to their knowledge a course of procedure
which was to have been expected from a na
tion with whom we are at peaee, and which
was not more dlie to 'the rights of the United
States, than to its own regard for justice.
The correspondence which passed between
the Deparrrnem of State, and the riiish
Envoy, Mr. Fox, and with the Governor of
Vermont, as soon as the facts had been made
known to this Department, are herewith
communicated.
I regret that it is hot in pbwegs'tb make
known to you an equally satisfactory conclu
sion in the case of the Caroline steamer,
with the circumstances connected with the
destruction of which, in December, 1 837, by
an armed force filled out in the Province of
Upper Canada, you are already made ac
quainted. No such atonement as was due
for the public "wrong done to the U. States
by this invasion of her territory, so wholly
irreconcileatHe with her rights as an inde
pendent power, has yet been made. In ille
view taken by this Government, the inquiry
whether the vessel was m the employment
of those who were prosecuting an unauthor
ized war against that Province, or was ch
gaged by the owner in the business of trans
porting passengers to and from Navy Island
in hopes of private gain, which was most
probably the case, in no degree alters the
real question at issue between the two Gov
ernments. This Government can riever con
cede to any foreign Government the power,
except in a case of the most urgent and ex
treme necessity, of invading its territory ei
ther to arrest the persons or destroy the pro
perty of those who may have violated the
municipal laws of such foreign Government,
or have disregarded their obligations arising
under the laV of nations. The territory of
the United Stales must be regarded as sa
credly secure against all such invasions, un
til they shall voluntarily acknowledge their
inability to acquit themselves of their dutic3
to others. And In announcing this senti
ment, I do but affirm a principle which no na
tion on earth would be more ready to vindi
cate, at all hazards, than the people arid Go
vcrnmet of Great Britairi.
If, upon a full investigation of all the facts;
it shall appear that the owner of ihe Card
line was gorerned by a hostile intent, or had
made common cause with those who wero in
the occupancy of Navy Island, then, so far
as he is concerned, there can be no claim to
indemnity for the destruction of his boat,
which this Government would feel itself
bound to prosecute since he would have
acted not only in derogation of the rights of
Great Britain, but in clear violation of the
laws of the United States; but that is a ques
tion which, however settled, in no rha'rth'ef
involves the higher consideration of the vio
lation of territorial sovereignty and jurisdic
tion. To recognize it as an admissible prac
tice that each Government, in its turn, upon
any sudden and unauthorized outbreak, which,
on a frontier, the extent of which renders it
imposible for either to have an efficient force
on every mile of it, and which outbreak,
therefore, neither may bp ablejb suppress in
a day, may take vengeance into into its own
hands, and without even a remonstrance, and
in the absence any pressing on overruling
necessity, may invade the territory of the
other, would inevitably lead to results equally
tojjbe deplored by both. When bortHc col
lisions 'come to receive the sanction, or to be
madeon the authority of either Government,
general war must be the inevitable result.
While iMs the ardent desire of the United
States to cultivate the relations of peace with
all nat!ons,and to fulfil all the duties of good
neighborhood toward those who possess ter
ritories adjoinlh'g their own, that very desire
would lead them to deny the right of any
foreign power to invade their boundary with
an armed force. The correspondence be
tween the two-Governments on this subject,
will, at a futureday of your session, be sub
mitted to your consideration; and in the hiean
lime I cannot but indulge the hope that the
British Government will see the propriety of
renouncing, as ajule of future action, the pre
cedent Which has been set in the affair at
Schlosser.
I herewith submit the correspondence
which has recently taken place between the
American Minister at tho Court of St. James,
Mr. Stevenson, arid the Minister of Foreign
Affairs of that 'government, on the right
claimed by that Government to visit and de
tain vessels sailing under the American flag
engaged in prosecuting lawful commerce in
the African seas. Our commercial interests
in that region- have experienced considerable
increase and haveibecome an object omuch
importance, andiit is the duty of this Gov
. ernment to protect them against all irrproper
and vexatious interruption. However desir
ous the UnitediStates may be for tha sup-,
pression of UieHsIave trade, they canml con
sent to interpolations into the maritime code,
at the merewill and pleasure of other gov
ernments. We deny the right of any such
interpolation to any one, or all the na' ons of
the Earth, without our consent. .We claim
to havea view in all amendments or dtera
lionslaf that code and when we arej given
to understand, as in this instance, by a for
enfh Government, that its treaties with other
fnations cannot be executed without the es-
pies of maritime police, to be applied with-
t out .our consent, we must employ a language
neither of equivocal import, or susceptible of
misconstruction. American citizens prose
cuting a lawful commerce in the African
seas, under the flag of their country, are not
responsible for the abuse or unlawful use of
that flag by others; nor can they rightfully,
on account of any such alledged abuses, be
interrupted, molested or detained while on
the ocean; and if thus molested or detained,
while pursuing honest voyages, in the usual
way, and violating no law themselves, they
are unqnestionably entitled lo indemnity.
This Government has manifested its repug
nance to the slave trade, in a manner which
cannot be misunderstood. By its fundamen
tal law, it prescribed limits in point of time
to its continuance; and against its own citi
zens, who might so far forget the rights of
humanity as lo engage in that wicked trafic,
it has long since, by its municipal laws, de
nounced the most condign punishment. Ma
ny of the Slates composing this Union, had
made appeals to the civilized world for its
suppression long before the moral sense of
other nations had become shocked by the
iniquities of the traffic. Whether this Go
vernment should now enter into ireaties con
taining mutual stimulations upon this siibject;
is a question .for its mature deliberation.
Certain it is that if the right to detain Amer
can ships on tho high seas can be justified
oh the plea of a necessity lor such deten
tion, arising out of ihe existence of treaties
betwen oilier nations, the same plea may be
extended and enlarged by the new stipula
tions of new treaties, to which the United
States may not be a party. This Govern
ment will not cease to urge uport that of
Great Britain full and ample remuneration
for all losses, whether arising from detention
or otherwise, to which American citizens
have heretofore; been; or may hereafter, be
subjected, by the exercise of rights which
this Government cannot reorganize as legiti
mate and prdper. Nor will I indulge a doubt
but that the sense of justice of Great Britain
will constrain her to make retribution for any
wrong, or loss,' which any Aitiefican citizen,
engaged in the prosecution of lawful com
merce, may have experienced at the hand of
her cruisers, or other public authorities. This
Government, at the same time, will relax no
effort to prevent its citizens, if there be any
so disposed, from prosecuting a traffic so re
volting to the feelings of humanity. It seeks
lo do no more than to protect the fair and
honest Irader.from molestation arid injury; but
wliile the enterprising mariner, engaged in
the pursuit of an honorable trade, is entitled
to its protection, it will visit with condign
punishment oihers of an opposite character.
1 invite your attention to existing laws for
th6 ;suppression,-Qf the African slave-trade.
and recommend all such alterations as may
give to them greater force and efficacy. That
the American ilag is grossly abused by the
abandoned and profligate ol other nations, is
but loo probable. Congress has-; not long
since, had this subject Under its considera
tion, and its importance well justifies renewed
and anxious attention.
I also communicate herewith the copy of
a correspondence between Mr. Stevenson1
and Lord Palmerslon, upon the subject so
interesting lo severaj of tho-Southern States,
of the rice duties, which resulted honorably
lo the justice of Great Britain, and advanta
geously to the United Slates.
At the opening of the last annual session,
the President informed Congress of the pro
gress which had then been made in negotia
ting a convention betweeh this Government
and thai of England, with a view to the final,
settlement of the question of the boundary
between ihe territorial limits of the two coun
tries. I regret to say, that little further ad
vancement of the object has been accomplish
ed since last year ; but this is owing to cir
cumstances no way indicative of any abate
ment of the desire of both parties to hasten
the negotiation to its conclusion, and to settle
the question in dispute, as early as possible.
In the course of the session, it is my hope
to be able to announce some further degree
of progress, towards the accomplishmentof
this highly desirable end.
The commission appointed by this Govern
ment for. the exploration and survey of the
line of boundary separating the Slates of
Maine and New Hampsheire from the conler:
minous British Provinces is, it is belived,
about to close its field labors, anfljrexpec
ted soon to report the results of its examina
tions to the Department of State. The re
port, when received, will be laid before Con
gress. The failure on the part -of Spain lo pay,
with punctuality, the interest due uhder the
Convention of 1834, for the settlement of
claims between the two countries, has made
it the duty of the Executive to call the par
ticular attention of that Government to the
subject. A disposition has been manifested
by it, which is believed to be entirely sin
cere, to fulfil its obligations., in this respect,
so soon as its' internal condition ahd the
state of its finances will permit. An arrange
ment is in progress, from the result of which,
it is trusted that those of our citizens who
have claims under the Convention, will, at
no distant day, receive the stipulated pay
ments. .
A Treaty of Commerce, and Navigation
with Belgium was conclueded and signed at
Washington on the 29th March, 1840, and
was duly sanctioned by the Senate of the
United States. The Treaty was ratified by
His Belgian Majesty, but did not receive the
approbation of the Belgian Chambers within
the time limited by its lerms, and has, there
fore, become void.
This occurrence assumes the graver aspect
from the consideration that, in 1833, a Trea
ty negotiated between the two Governments,
and ratified on the part of the United States,
failed lo be ratified on the part of Belgium.
The Representative of ttiat Government, at
Washington, informs the Department of State
that he has been instructed to give explana
tions of the causes which occasioned delay
in the approval of the late Treaty by the Leg
islature, and to express the regret of ihe King
at the occurrence.
The joint commission under ihe Conven?
lion with Texas, to ascertain the true boun
dary between ihe two countries, has conclu
ded its labors ; but the final report of the
commissioner of the United States has not
been received. It is understood, however,
that the meridian line, as traced by the com
mission, lies somewhat farther East than the
position hitherto generally assigned to it,
and, consequently; includes in Texas some
pari of the territory which had been consid
ered as belonging to the-States of Louisiana
and Arkansas.
Tho United plates cah'nol but take a deep
interest in whatover relates to this young,
but growing Republic. Settled principally
by emigrants from the United Stales, wo
have the happiness id know; that the great
principles of civil liberty are there destined
to flourish, under wise Institutions and whole
some laws; and that, through its example,
another evidence is to be afforded of the ca
pacity of popular institutions, lo advance the
prosperity, happiness, and peimanent glory
of the human race. The" great truth, that
government was made for the people, and
not the people for government, has already
beefi established in the practice and by the
example of these United States ; and we can
do no other than contemplate its farther ex
emplification by a sister Republic, with the
deepest interest.
Our relations with the independent States
of this hemisphere, formely under the do
minion of Spain, have not undergone any fna1
leriel change within the past year. The in
cessant sanguinary conflicts in, or between
those countries, are to bo greatly deployed;
as necessarily tending to disable them from
performing their duties as members of the
community of nations, and rising to the des
tiny which the position and natural restfuir
ces of many of them might lead thetii justly
to anticipate, as constantly giving bc'casHon,
alsof, directly or indirectly, for complaillts oil
the part of our citizens who resort ihither fbr
purposes of commercial intercourse, anU; aii
retardihg reparation for wrongs already com
mitted, some of which are by no iileau3 of
recent date: .
The failure of the Congress of Ecuador iri
hold a session; at the time appointed for that
purpose, in January last, will probably ren
der abortive a treaty or commerce with that
Republic, which was signed at Quito on ihe
13th of June, 1839, and-had been duly ratifi
ed on our part, but which required the ap
probation of that body, prior to its ratification
by the Ecuadorian Executive.
A Convention which has been concluded
with the Republic of Peru, providing fdf tho
settement of certain claims Of citizeHs of the
United States, upon the Government of that
Republic, will be duly submitted to the Seh
ate. .
The claimit of our citizchs against the Bri
zitiah government, originating from capthr'es;
and other causes, are still unsatisfed. The
United States have, however, so uniformly
shown a disposition to cultivate relations of
amity with that Empire, that it is hoped; thb
unequivocal tokens of the same spirit to
wards us, which an adjustment of the affairs
referred to would afford; will be given with
out further avoidable delay.
The war with ihe Indian tribes on tho
peninsula of Florida has, during the last sum
mer and fall, been prosecuted with untiring
activity and zeal. A summer campaign was
resolved Upon, as the best mode of bringihg
it to a close. Our brave officers and men
who have been engaged In that service, have
suffered tbils and privations, and exhibited
an energy; which, in any dther war, wduld
have won for ihcm unfading laurels. In
despite of the sickness incident lb the
climate, they have penetrated the fastrtesse
of the Indians, broken up their encampments,
and harrassed ihem unceasingly. Numbers
have been captured, and still greater num
bers have surrendered, and have been trans
ported to join their breiherri on the lands
elsewhere allotted lo them by the Govern
ment, and a strong hope is entertained that;
under ihe conduct of the gallant officer at the
head of the iroops in Florida, that trouble
some and expensive war is destined to, a
speedy termination. With all the Other In
dian tribes; We are enjoying the blessings of
peace. Our duty, as well as bur best iritfer
esls, prompt us to observe, in all our inter-4
course with them, fidelity in fulfilling our en
gagements, the practice of strict justice, as
well as the constant exercise of acts of kb
hevoleticb artd kindness. These are the
great instruments of civilization, and through
the use Of them alone, oan the tutored child
of the forest be induced to listen to its teach-
in ...
The Secretary of State; on whom the acts
of Congress have devolved the duty of di
recting .the proceedings for the taking of the
Sixth Census, or enumeration of the inhabi
tants of the United States, will report to the
iwo Houses the progress of that work. The
enumeration of persons' has been completed,
and exhibits a grand total of 17,069,453 ;
making an increase over the Census of 1830,
of 4,202,646 inhabitants, and showing a
gain iri a ratio exceeding 32 1-2 per cent,
for ihe last ten years.
From the report of the Secretary 6T the
Treasury, you will be informed of the condi
tion of the finances. The balane in the
TraasUrJ' Ofi ihe 1st of January last, as sla
ted in the report of the Secretary of the
Treasury, submitted to Congress at ihe Ex
tra Session, was S987;345 03. The re
ceipts into the Treasury, during the firstthree
Quarters of this year, from all sources, amount
to $23,467,072 52. The estimated receipts
for the fourth quarter, amount to $6,943,095
25, amounting to $30,410,167 77; and mak
ing, with the balance in the Trbasury, on tho
first of January last, $31,397,512 80. The
expenditures for tho first three quarters of
this year, amount to $24,734,346 97. Thrc
expenditures for the fourth quarter, as esti
mated, will amount lb $7,290,723 73 ; tus
Waking a total of $32,025,070 70 ; an fonY.
ing a deficit to be provided for, bn the first
of January rtekt, of about$627.557 go.
Of the loan of 12,000,000, which was
authorized by Cbngress at its laic session,
only $5;432;726 88 have been negotiated.
The shortness of time which it had to run,
has presented no inconsiderable impediment
iri the way of its being taken by capitalists
at home, while the same cause would have
operated with much greater force in the for
eign market. For that reason the foreign
market has net been resorted to ; and it
now submitted, whether it would not be ad-,
visable. to mnond tho law by raakin wha.
t
i
44
I