Page images
PDF
EPUB

reciprocity 319; London Times on 324; mints of
University, of Maryland

Uruguay, news from 162, 176; war
Ursuline convent

vii

385

96

209

64

31

South America-2, 17; Argentine republic 39; Monte- | of political condition 229; letter from Galveston 230; abo- | 175, 285; coupons, loans 288; mineral lands of 307;
video 97; Buenos Ayres, Peru, Brazil 131; Argentine re-lition movement ib, com. Moore 231,256; account of com.
Moore 261; question of annexation of to U. S. 284, 285;
United. States 293; proclamation, escape of col. Kinney,
Santa Fe expedition 290; slavery, commercial treaty with
emigr ants to 307, 339; border battle 354; despatches from
Mexico, navy, president of hung in effigy, public dinner
to coin. Moore, exports from Galveston, crops, money
404 (see Western frontier.)

public trade, American residents in 162; royal courtship
in Brazil
South Carolina-representatives to congress 21; agri-
273, 289
culture of 45, 46; Valparaiso markets 51; decision in
court adverse to banks 233; convention 236; report of
convention 248, to 252; repeal 296; bank statistics of 343,
rail road
407

128

Southey obert, death of
Spain-17; revolt in anticipated 37, 130, 146; corte2
opened 162; question of queen's minority agitated, arrese
of treasurer of sinking fund, official documents 178, 194;
important events 258; distractions in 292, 338, 353; Es-
partero 365; 366, 367; slaver 384; progress of revolution,
W. Irving 403; Balearic isles 313; Philippines 259; na-

tional debt

189

Specie 16, 64; for U. States 81, 96, 112, 160, 176, 1923
import of
Spencer, J. C. (see secretary of treasury)
307, 352, 358
Springs 352; Saratoga
384

State credit, vindication of

Starvation

46, 47
112

State debts-proceedings of H. R. on 1; remarks on

[blocks in formation]
[blocks in formation]

V

Valedictory of speaker of house reps.

188
178

Van Buren, letter from replying to interrogatories of
Indiana convention 183 to 187, 277 (see Politics.)
Van Rennsalaer, extract from card of
Venezuela-17; treaty of amity with France
Vermont-resolutions on slave trade 30; sugar 96; pun-
ishment by death in 164, 272; whig nomination 296, 341
Vindication, of state credit
46,47
312

congressional districts 80; districts table of 100; mine
Violating public faith, Fisher Ames on
tionment bill 40; political 66; compliment to Mr. Ritchie,
Virginia-apportionment bill passed 32; vote on appor
b; election 180; blue laws of 347; letter from governor of
Massachusetts

[blocks in formation]

of newspapers 325; of New York city 325; alms house ton 7, 8, 9; stipulations 13; house bill reported to carry Cass 69 to 79; correspondence, letter 81, 87 to 95; resigns

series of years in France, England, and America
Tonnage, on the lakes 147; amount of entered for a
66, 67, 80, of China 116, 128; cotton 135, 160; on lake Erie,
338
Trade-of Illinois river 32; coal,23 42; with Liverpool
with Brazil 165; of Quebec 192; with Bremen 239; new
Canadian tariff 246, 304; import of specie 307; of Miss
issippi Valley 123, 373; commerce and 374; fur 383; tea
117 Mississippi valley 373; lake trade
5, 6; question in congress 11; vote ib; 31; of Illinois 34, demption of 163; embezzled 192; dishonored 195, 240; at Vienna 113; at Rome 114; death of old servant of 242;
Treasury notes 16, 29, 30, 31, 96, 147; notice of re-
371; W. C. Johnsou's letters 196; remarks on state debts the stolen 241; robbers of
Treasury report, a
272, 288, 384
Treaty-2, 3; proceedings in congress on of Washing-
340
burton 25; bill carrying into effect the between U.S. and
into effect 14, 15; Mr. Featherstonhaugh on the Ash-
passed 65; translation of Chinese 50; between Mexico
Great Britain passed in senate 29, 30, 33, 34; the act as
and United States 51; debate on in h. rep. 56, 57, 59; the
Washington 113; proclamation of Indian 117, 118; edi-
torial remarks on the Washington 129; commercial
with New Grenada 132; debate in British house com-
181 mons on the of Washington 140; extract from sir
32 Robert Peel on 143; British parliament proceedings 161;
144 of commerce with England 193, 328; of amity concluded
and Portugal interrupted ib; 242; Buchanan on red line
169 between France and Venezuela 178; between England
map 38; new map found 122, 138; with Mexico 51, 329;
(see Commercial.)

tobacco

387

14

and prison of New York 342; commercial 355, 356, 357
Steamboat laws, bill relative to passed
Steamers 16, 30, 48, 64, 96, 128, 144, 160; accidents
176; statistics of lake steamers 180, 192; 208; 224; novel
ib; number being built 241, 256; Union 265, 272, 288,
320, 327, 358, 400; launch of iron 402; iron of Georgia

St. Louis-population of 64; traders
St. Lawrence, ice bridge over

Stevens, sale of travels of in Great Britain
Stevens Yucatan

Stocks 16, 144, 176, 192, 208, 240, 256, 288, 304,
Story, judge,

[blocks in formation]

ration and effects of
Telescope
Temperance reform 16, 96, 240, 272, 320, 358, 368, 381
Tennessee 128; state debt 245; resources ib; election 400
Texas-secretary of war of, prisoners, particulars of
capture of col. Fisher, new colony, congress adjourned,
president's message 18, 19; navy 32, 48; escape of Mier
prisoners 51; judge Robinson's propositions, culture of
sugar cane 97, 112; squadron 131, 146; interesting news
from 162; remarks on annexation of to U. S. 173, 178;
quadron 208; president's procl'tion 209; com. Moore's
etter, expedition to Santa Fe, execution at sea 210; view

[blocks in formation]

Washington, gen. George, celebration of birth day
letter by 169; celebration of birth day of in China
Weather
secretaryship of state 63; speech on the Jay map 122, 138;
64, 80, 96, 101, 112, 128, 160, 304
Webster, Daniel, 48; correspondence of with gen.
letter on commercial treaty 252; speech at Bunker Hill
public dinner to 208; correspondence of 210, 234, 236;
celebration 269, 304, at home 128; his speech at Balti-
more 219; various remarks on his suggested commercial
arrangement with England 150, 163, 231, 234, 262, 266,
Webster, Dr.,
289, 304, 319, 328
Western armory
288
Western frontier 98, 163, 176, 192, 195, 224, 234, 235,
51
241, 275, 280, 290, 323, 327, 354, 406
West Indies-Hayti insurrection 2 (see Hayti, Cuba, &c.)
Wheat
White, hon. J. resolution of thanks io 31; adopted ib,
112, 192, 304, 352, 354, 400, 416
Will of Peter the Great

235

352

100

163

Williams, rev. E. S. revolutionary patriot
Wilson, Morillon, letter of on national credit
Wind, the

[blocks in formation]

Wire trellises, for plants

256

311; mineral lands

Wisconsin-copper 48, 246; land sales 275; Fox river

341

ua-

[blocks in formation]

tive to treaty 2; nominations made by 29, 30, 64; mes-
Tyler, John, (president of U. States) message of rela
sage from in reference to Amistad 66; treaty, procla-
mation 117, 118; visit of benevolent society to 131; reso-
visit to Bunker Hill 224; reception in Baltimore 232, 236;
lution adopted in Baltimore to receive president on his
arrives at Boston 261, 280; address of anti-slavery socie-
ty to 276, 277, 339, 353; visit to Norfolk &c. invitation to
369, 385, 404

[blocks in formation]

Wisconsin river

Wise, H. A. nomination of as minister to France 29;

vote on

Writing ink

Wood

Wickliffe, Mr.

Woolens, first manufacture of

Y

Yucatan-97, 117, 146; defeat of Mexicau army 192;
troubles in 209. 256; proposition for cessation of hostilities
260, 293; 336; quiet restored 354, 384; gen. Sentmanat
404
180, 181
352, 254, 384, 400, 416
43

Yankee clocks 128; enterprize
Yellow fever

Zodiacal Light

Z

FIFTH SERIES.No. 1.-VOL. XIV.]

BALTIMORE, MARCH 4, 1843.

THE PAST-THE PRESENT--FOR THE FUTURE.

[VOL. LXIV. WHOLE NO. 1,640.

PRINTED AND PUBLISHED, EVERY SATURDAY, BY JEREMIAH HUGHES, EDITOR AND PROPRIETOR, at five DOLLARS PER ANNUM, PAYABLE IN ADVANCE.

CONTENTS OF NO. 1, VOL. 14.
FOREIGN AFFAIRS.
NATIONAL AFFAIRS.
STATES OF THE UNION.

EXTRACT FROM MR. EVERETT'S DESPATCH OF FEB. 3, &c.

CABINET CHANGES.

STATES AND STATE DEBTS.

FINANCES-report from the committee of ways and

means.

CONGRESSIONAL PROCEEDINGS.
CHRONICLE.

POSTSCRIPT. The Intelligencer of this morning
states that it was understood at 11 o'clock last night, at
the capitol, that the nominations of Mr. CUSHING, to the
treasury, and Mr. WISE, to France, were rejected-and
that of Mr. IRWIN, to Denmark, had been confirmed.
Report says, that the nomination of Mr. SMITH, as col-
lector of the port of Philadelphia, was also rejected.

gates of sandal wood through your respective terri-
tories, to the restored temple of Somnath.
"The chiefs of Sirhind shall be informed at what
time our victorious army will first deliver the gates
of the temple into their guardianship, at the foot of
the bridge of the Sutlei,

"My brothers and friends-I have ever relied with
confidence upon your attachment to the British gov-
ernment. You see how worthy it proves itself of
your love, when regarding your honor as its own, it
exerts the power of its arms to restore to you the
gates of the temple of Somnath, so long the memo-
rial of your subjection to the Afghans.

"For myself, identified with you in interest and
in feeling, I regard with all your own enthusiasm
the high achievements of that heroic army, reflect-
ing alike immortal honor upon my native and my
adopted country.

Nott had occupied positions opposite to each other! "You will, yourselves, with all honor, transmit the
at Cabul and remained awaiting General McCaskill's
return from Kohistan. The latter with his corps
rejoined them on the 7th October. Preparations had
already been making for destruction. Cabul, the
pride of central Asia, and which last year contained
60,000 souls, is now a heap of ruins. Its annual reve-
nues had been £20,000 levied at the rate of 2 per cent.
on goods sold, whose amount reached one million.
The grand bazaar contained 2,000 separate stores
forming an elegant arcaded street 600 by 30 feet.
On the 9th October Colonel Richmond received or-
ders to enter the city with a company of sappers and
miners and to commence the work of destruction. It
continued for two days. On the morning of the 11th
the fine and glorious edifice of Ali Murdua Khan, the
grand emporium of this part of Asia, became a heap
of ruins. The alleged apology was the insult offered
STATE DEBTS. Amongst the proceedings of the there to the remains of the assassinated McNaughten.
house of representatives on the 2d inst., we find that, Istaliff, Guzui, and other cities had already been
Mr. COST JOHNSON, from the select committe to ruined. A mosque contiguous to the grand bazaar,
whom the subject had been referred, made a report all the quarters with the exception of Balla Hissar
in favor of issuing $200,000,000 of U. S. stock.- and the Kuzzilbash houses, are now all a mass of
The report with accompanying documents, after some ruins. The atrocities of the ferocious devastations of
debate, was ordered to be printed. The order to past times have been emulated. Having accomplish-
print an extra number of that and the adverse reports ed this, the army moved on Gundamuk which they
of the committee on ways and means, on the propo-reached on the 18th, after devastating and burning
sition, was pending still.
every thing in their way. On the 21st general Pol-
lock with the first division reached Jellalabad, and
general Nott arrived on the 24th. The same work
of destruction was here re-enacted. Jellalabad sur-
vives in but its name. On the 27th the first division
marched for Dakka, and finally the whole army suc-
ceeded, with the loss of some lives and much baggage
to the rear division, in effecting their disgraceful re-
treat by clearing the great Khyber defiles. General
Nott was then to move through the dominions of Ma-
harajah the Sikh monarch, with his force in six bri-
gades. Many expressions are given of the propriety
of extending the direct sway of the government over
that ally, as some doubts are evinced of the loyalty
of the Sikhs to the British power. General Pollock
reached the Punjaub, although several times at-
tacked, and lost some men. In one of the attacks
the loss was 12 killed and 49 wounded.

The resolutions appended to Mr. Johnson's report,

are as follows:

Resolved, That it is expedient to employ the credit
of the government of the U. States for the relief of the
states to the extent prayed for by the memorialists.
Resolved, That committee be instructed to
prepare and report a bill accordingly.
J. Q. ADAMS, proposed the following substitute for

the said resolutions:

Resolved, That the repudiation by any state of this
union of any debt to foreigners, contracted by au-
thority of the legislature of said state, is a violation
of the constitution of the United States, in the first
paragraph of the teath section of the first article,
which provides that no state shall pass any law im-
pairing the obligation of contracts.

Resolved, That if any state of this union shall, by
or in consequence of such repudiation, invole her-
self in war with any foreign power, the congress of
the United States has no power to involve them, or
any other of the states of this union, or the people
thereof, in such war.

Resolved, That, in the event of such a war, the state
involving herself therein will cease thereby to be a
state of this union, and will have no right or claim
to aid in her defence from the United States, or any

one of them.

His motion to print this substitute, was negatived;
ayes 72, nays 108.

The whole subject was then laid on the table.
THE TREATY OF WASHINGTON. The bill
appropriating the funds to carry the treaty into effect,
has passed both houses of congress.

FOREIGN ARTICLES.

IRELAND.

[blocks in formation]

There was to be a magnificent review by the go-
vernor general, on the most extensive scale, at Feroze-
pore. It was to outshine all former exhibitions of
Anglo Indian splendor. The returning army was to
march through a triumphal arch, there was to be a
gorgeous pavillion erected, &c. &c.

The presence of Dost Mohammed is to add to the
imposing pageant. The Affghan throne has now se-
veral claimants; the son of Dost Mohammed, Akber,
who had refused to give up the British captives in
exchange for his father, and also the posterity of Shah
Soojah.

Mr. O'Connell has published a letter to the people
of Ireland, in which he says: "I am able at present,
without doubt or difficulty, to announce that the crisis
The governor general was making arrangements
has come upon us when, if the people of Ireland, the on an extensive scale for improving the navigation of
clergy and laity will but combine in their over- the Indus and the Sutledge. A number of steamboats
whelming majority, the repeal of the union is all were to be kept running, and the roads leading to
but immediate, and the commencement of a new both rivers were to be improved, &c.
era of Irish prosperity is at hand." He enumerates Proclamation from the Governor General to all the
"five great measures" as the basis upon which he princes and chiefs and people of India.
seeks to combine all Irishmen in the struggle for "My brothers and my friends-our victorious ar-
the repeal of the union: "Firstly, the total abolition my bears the gates of the temple of Somnath in
of the tithe rent-charge. Secondly, fixity of tenure triumph from Affghanistan, and the despoiled tomb
for the occupying tenants. Thirdly, the encourage of Sultan Mahmoud looks upon the ruins of Ghuz-
ment and perfecting Irish manufactures. Fourthly, nee.

INDIA.

complete suffrage and vote by ballot. Fifthly, aboli- "The insult of 800 years is at last avenged. The
tion of the present poor law, and augmentation of gates of the temple of Somnath, so long the memo-
well regulated charitable institutions." The present rial of your humiliation, are become the proudest
year-1843-is, and shall be, the great repeal year." record of your national glory-the proof of your
superiority in arms over the nations beyond the
General Pollock left Cabul on his retreat on the 12h Indus.
October, and by the 7th of November all the divi- "To you princes and chiefs of Sirhind, of Raj-
sions of the army had cleared the Khyber passes. warra, of Malwa, and Guzerat, I shall commit this
On September 30th, the divisions under Pollock and glorious trophy of successful war.
Vol XIV-StG. 1.

"To preserve and to improve the happy union of
our two countries, necessary as it is to the welfare
of both, is the constant object of my thoughts. Upon
that union depends the security of every ally, as
well as of every subject of the British government,
from the miseries whereby, in former times, India
was afflicted; through that alone has our army now
waved its triumphant standards over the ruins of
Ghuznee, and planted them upon the Bala Hissar of
Cabul.

"May that good Providence, which has hitherto
so manifestly protected me, still extend to me its
favor, that I may so use the power now intrusted to
my hands, as to advance your prosperity and secure
your happiness, by placing the union of our two
countries upon foundations which may render it
eternal.
ELLENBOROUGH.

The French journals comment upon the evacua-
tion of Affghanistan by the British in very severe
terms, and represent the event as one disgraceful
and dishonorable to England-more so than any event
of the present century. The London Chronicle says,
in relation to this matter:

"Unfortunately we cannot gainsay these reproaches
of our neighbors. We can only blush as we own
their truth. There is not a quality that renders hu-
man actions despicable which Lord Ellenborough
has not contrived to combine in his evacuation of
Affghanistan; retreat, precipitation, idle sacrifices of
the lives of our own soldiers, useless butchery of the
least offending of our foes, infantine vengeance
wreaked on stone walls-not on the walls of for-
tresses, but of commercial buildings-whilst shouts
and fetes of victory are contradicted by abandon-
ment of guns and loss of baggage. Henceforth, the
Constitutionnel observes, Afghanistan is a Russian
province; the simultaneous cruelty and retreat of the
English have made it so.

Speaking of the above proclamation by the govern-
or general, an English paper says: "It is enough to
produce his immediate recall, and such language is
not at all in accordance with English feelings or prac-
tice."

MEXICO.

THE SIEGE. Campeachy, February 6th. There was
a skirmish on the 1st, in which the Mexicans lost 35
killed and 18 wounded including 2 captains, 1 lieu-
tenant, and 1 sergeant.

On the second, another encounter took place near
St. Roman, in which the Yucatains were rather worst-
ed. To redeem their characters however, a com-
pany of volunteers was raised of the energetic and
chivalrous youth, who on the morning of the 4th
whilst it was yet dark, sallied forth to regain the
emientia Ghina, in rear of the city, which had been
put in possession of the besiegers by treachery soon
after their arrival. The Yucatains carried the post
at the point of the bayonet without firing a gun
though not without considerable loss, say fifty killed
and one hundred wounded. Between three and four
hundred Mexicans were slaughtered, and amongst
them was General ANDRADE, commander of the ar-
tillery, a son of SANTA ANNA, four captains, and three
lieutenants. The heights are said to be of great im-
portance to the place.

Letters received at Merida represent the camp of
the Mexicans as in a state of disorganization, and that
at a council of officers convened by General Minon
for the purpose of swearing them to conform to the
new order of things in Mexico, Gen. Morales and
commissary Molina refused to sign, and were sua-

1

[ocr errors]

pended from command. It is also stated that Gen. his resignation until the close of the session of con-
Minon himself had thrown up his command in con- gress, when the president would be sole arbiter of
sequence of some insulting orders from the secretary the cabinet appointments, at least until next session
of war,
and the general command had devolved on of congress. This proves to be unfounded. He has
Col. Baragan.
resigned.

The Mexican fleet. especially the sailing vessels, are fearful of a visit from Com. Moore, and seldom venture out.

GUATEMALA.

The hon. CALEB CUSHING, now a member of the house of representatives, was nominated to the senate on the 2d inst. by the president, as secretary of the treasury, vice FORWARD,resigned.

RESIGNATION. The hon. Ruel Williams, a member of the United States senate, from Maine, has resigned his seat in that body. His term of service expires with his present term.

No. 58. Arthur Bronson, complainant, vs. John H. Kinzie et al. on a certificate of division in opinion between the judges of the circuit court of the U. S. for Illinois.

Dates to the 17th December are received, which confirm the previous rumor that the state of Costa Rica had at last consented to the federal union of the other states of Central America, to which she was invited in October last. The principles of the new federal government formed by Guatemala, Honduras, Nicaragua, Salvador and Costa Rica, are de- IMPORTANT LEGAL DECISION. The folclared to be those which shall best tend to the gene-lowing decision of the supreme court of the United ral defence from extraneous assaults, and also secure States, goes to pronounce not only that all laws pasthe enjoyment of life, liberty and property within. sed by state legislatures, which go to invalidate conARGENTINE AND ORIENTAL REPUBLICS. tracts are unconstitutional, but also that what are We are indebted to capt. W. S Hoyt, late of ship called "relief laws," "appraisement laws," "stop Plato, (sold at Montevideo.) says the N. Y. Commer- laws," &c., are violations of contracts, and therefore cial, for El Nacional of Montevideo of December null and void. 22. and La Gaceta of Buenos Ayres of the 15th.The latter consists of four sheets of sixteen pages, fifteen of which are filled with correspondence between governor Rosa s and the French and British ministers, the latter having successively offered the mediation of their governments for the protracted ware ween the Oriental and Argentine republics. Therffered mediation was in both cases declined by Ross and his reasons therefore are set forth at enormous length in the correspondence. Casting our eyes upon the sixteenth page, we found there a num. ber of despatches announcing an overwhelming defeat of the Orientals by general Oribe, at Arroyo Grande, in the province of Entre Rios, on the 6th of December. The Oriental army commanded by Rivera in person, consisted of 8000 men. The slaughter is said to have been very great, and the whole of the infantry, artillery, tents, baggage and THE BRITISH TREATY. The Speaker laid munitions fell into the power of the victors, only the before the house the following message from the precavalry escaping by flight, hotly pursued by the Ar-sident of the United States, in answer to a resolution gentines. One of the letters, dated the 7th, says that of this house, on the subject of the construction of Rivera himself had been made prisoner. In a word, that portion of the treaty of Washington which rethe strength of the Unitarian party is represented as lates to the right of visitation. completely broken. Washington, February 27, 1843. To the house of representatives:

HAYTI.

Mr. Chief Justice Taney delivered the opinion of this court-1st. That the decree in this case should direct the premises to be sold at public auction to the highest bidder, without regard to the law of the state, of 19th February, 1841, which gives the right of redemption to the mortgager for 12 months, and to the judgment creditor for fifteen months. 2d. That the decree should direct the sale of the mortgaged premises without being first valued by three house-holders, and without requiring two-thirds of the amount of the said valuation to be bid according to the law of Feb. 27, 1841.

INSURRECTION. Intelligence reached us a few days since, of a formidable insurrection in the neighborhood of Aux Cayes, about the 26th ult., which place was threatened by the approach of 6 or 8000 of the insurgents. Foreigners shipped every thing they could, to be ready to escape. The general in command ordered out the forces, and 2000 men were quickly on post. The insurrection was promptly suppressed by the energetic action of the authorities.me by the secretary of state. President BOYER, and general BORGELLA's proclamations speak in tones that denote decision.

In compliance with the resolution of the house of representatives of the 22d instant, requesting me to communicate to the house "whatever correspondence or communication may have been received from the British government respecting the president's construction of the late British treaty concluded at Washington, as it concerns an alleged right to visit American vessels," I herewith transmit a report made to

NATIONAL AFFAIRS.

APPOINTMENTS BY THE PRESIDENT.
By and with the advice and consent of the senate.
Alexander Drysdale, to be attorney of the United
States for the district of Georgia,in place of S. Cohen,
resigned.

Land officers. Thomas W. Newman, re-appointed register at Washington, Mississippi.

John Barlow, re-appointed register at Genesee, Michigan.

Isaac D. G. Nelson, appointed receiver at Fort Wayne, Indiana, vice Sami. Lewis, deceased.

David McGahey, receiver of public moneys for the district of lands subject to sale at Palestine, in the state of Illinois, vice Augustus C. French, whose commission has expired.

DIPLOMATIC. HENRY A. WISE, at present a representative in congress, was on the 28th ult. nominated by President Tyler to be minister plenipotentiary and envoy extraordinary to France.

I have also thought proper to communicate copies of Lord Aberdeen's letter of 20th December, 1841, to Mr. Everett, Mr. Everett's letter of the 23d December, in reply thereto, and extracts from several letters of Mr. Everett to the secretary of state.

before our laws for its suppression, the flag of every nation might traverse the ocean unquestioned by our cruisers, this freedom was not, in our opinion, in the least abridged by our municipal legislation.

Any other doctrine, it is plain, would subject to an arbitrary and ever-varying system of maritime police adopted at will by the great naval power for the time being, the trade of the world in any places or in any articles which such power might see fit to prohibit to its own subjects or citizens. A principle of this kind could scarcely be acknowledged without subjecting commerce to the risk of constant and harrasring vexations.

The attempt to justify such a pretension from the right to visit and detain ships upon reasonable suspicion of piracy, would deservedly be exposed to universal condemnation, since it would be an attempt to convert an established rule of maritime law, incorporated as a principle into the international code by the consent of all nations, into a rule and principle adopted by a single nation, and enforced only by its assumed authority. To seize and detain a ship upon suspicion of piracy, with probable cause and in good faith, affords no just ground either for complaint on the part of the nation whose flag she bears, or claim of indemnity on the part of the owner. The universal law sanctions, and the common good requires, the existence of such a rule. The right under such circumstances, not only to visit and detain, but to search a ship, is a perfect right, and involves neither responsibility nor indemnity. But, with this single exception, no nation has in time of peace, any authority to detain the ships of another upon the high seas on any pretext whatever beyond the limits of the territorial jurisdiction. And such, I am happy to find, is substantially the doctrine of Great Britain herself, in her most recent official declarations, and even in those now communicated to the house. These declarations may well lead us to doubt whether the apparent difference between the two governments is not rather one of definition than of principle. Not only is the right of search, properly so called, disclaimed by Great Britain, but even that of mere visit and inquiry is asserted with qualifications inconsistent with the idea of a perfect right.

In the despatch of Lord Aberdeen to Mr. Everett of the 20th of December, 1841, as also in that just received by the British minister in this country, made to Mr. Fox, his lordship declares that if, in spite of all the precaution which shall be used to prevent such occurrences, an American ship, by reason of any visit or detention by a British cruizer, "should suffer loss and injury, it would be followed by prompt and ample remuneration," and in order to make more manifest her intentions in this respect, Lord Aberdeen, in the despatch of the 20th of December

makes known to Mr. Everett the nature of the instructions given to the British cruisers. These are such as, if faithfully observed, would enable the British government to approximate the standard of a fair indemnity. That government has in several cases fulfilled her promises in this particular by making adequate reparation for damage done to our commerce. It seems obvious to remark, that a right which is only to be exercised under such restrictions and precautions, and risk, in case of any assignable damage, to be followed by the consequences of a trespass, can scarcely be considered any thing more than a privilege asked for, and either conceded or withheld on the usual principles of international coinity.

I cannot forego the expression of my regret at the apparent purport of a part of Lord Aberdeen's despatch to Mr. Fox. I had cherished the hope that all possibility of misunderstanding as to the true construction of the 8th article of the treaty lately concluded between Great Britain and the United States, was precluded by the plain and well-weighed language in which it is expressed. The desire of both governments is to put an end as speedily as possible to the slave trade, and that desire, I need scarcely The principles laid down in Lord Aberdeen's desadd, is as strongly and sincerely felt by the United patches, and the assurances of indemnity therein States as it can be by Great Britain. Yet it must held out, although the utmost reliance was placed not be forgotten that the trade, though now univer- on the good faith of the British government, were sally reprobated, was, up to a late period, prosecuted not regarded by the executive as a sufficient security by all who chose to engage in it, and there were un- against the abuses which Lord Aberdeen admitted fortunately but very few christian powers whose sub-might arise in even the most cautious and moderate jects were not permitted and even encouraged to exercise of their new maritime police; and, thereshare in the profits of what was regarded as a per- fore, in my message at the opening of the last sesfectly legitimate commerce. It originated at a period sion, I set forth the views entertained by the execulong before the United States had become indepen- tive on this subject, and substantially affirmed both dent, and was carried on within our borders in oppo- our inclination and ability to enforce our own laws, Charge d'Affairs to Denmark. WILLIAK W. IRWIN, sition to the most earnest remonstrances and expostu-protect our flag from abuse, and acquit ourselves of esq., was on the 2d inst. nominated to the U. S. se-lations of some of the colonies in which in which it all our duties and obligations on the high seas. In nate for this station, by the president. was most actively prosecuted. Those engaged in it view of these assertions, the treaty of Washington were as little liable to inquiry or interruption as any was negotiated, and upon consultation with the Briothers. Its character thus fixed by common consent tish negotiator as to the quantum of force necessary and general practice, could only be changed by the to be employed in order to attain these objects, the positive assent of each and every nation, expressed result to which the most deliberate estimate led was either in the form of municipal law of conventional embodied in the eighth article of the treaty. CABINET MOVEMENTS. The week past has arrangement. The United States led the way in ef- Such were my views at the time of negotiating been rife with reports of movements in the cabinet. forts to suppress it. They claimed no right to dic-that treaty, and such, in my opinion, is its plain and Mr. FORWARD, Secretary of the treasury, it is un- tate to others, but they resolved, without waiting for fair interpretation. I regarded the eighth article as derstood handed in his resignation of that office im- the co-operation of other powers, to prohibit it to removing all possible pretext, on the ground of mere mediately, subsequent to the president's last message their own citizens, and to visit its perpetration by necessity, to visit and detain our ships upon the Afrirelative to the state of the finances. A report pre- them with condign punishment. I may safely affirm can coast because of any alleged abuse of our flag by vailed the next day that as this would oblige the pre- that it never occurred to this government that any slave traders of other nations. We had taken upon sident to make a nomination to the senate of a person new maritime right accrued to it from the position it ourselves the burden of preventing any such abuse as bis successor, Mr. F. was influenced to withdraw had thus assumed in regard to the slave trade. If, by stipulating to furnish an armed force regarded by

Commodore PORTER of whose illness a report is circulating, was on the contrary, though not hearty yet enjoying as good health as he has been permitted for some time-so late as the 10th Dec.

both the high contracting parties as sufficient to accomplish that object.

sisting that the British had not relinquished, and di not intend to relinquish the right of visit.

vise her majesty also to advert to these topics in her speech from the throne, they desired nevertheless to Denying, as we did, and do, all color of right to hold themselves perfectly free when questioned in The whole of the dispute upon this practice of vi exercise any such general police over the flags of in- parliament, to give all such explanations as they siting, turns upon the misuse of the term-RIGHT, O dependent nations, we did not demand of Great Bri- might feel to be consistent with their duty, and ne- visit. There is no quarrel in fact, about the practice tain any formal renunciation of her pretension, still cessary for the elucidation of the truth. Sir Robert calls it a right;-we deny that it is a right less had we the idea of yielding any thing ourselves The paper having been read and its contents un-but we insist upon it for ourselves, and we must ac in that respect. We chose to make a practical set-derstood, Mr. Fox was told in reply that the subject cord to others the practice of visiting, to ascertain the tlement of the question. This we owed to what we would be taken into consideration, and that a des- character of a suspected vessel. This belongs to had already done upon this subject. The honor of the patch relative to it would be sent, at an early day, the nature of naval operations, and no government country called for it; the honor of its flag demanded to the American minister in London, who would have having a navy, could pretend to do without it. that it should not be used by others to cover an ini-instructions to read it to her majesty's principal sequitous traffic. This government, I am very sure, cretary of state for foreign affairs. has both the inclination and the ability to do this; and, if need be, it will not content itself with a fleet of eighty guns, but sooner than any foreign government shall exercise the province of executing its laws and fulfilling its obligations, the highest of which is to protect its flag alike from abuse or insult, it would, I doubt not, put in requisition for that purpose its whole naval force. The purpose of this government is faithfully to fulfil the treaty on its part, and it will not permit itself to doubt that Great Britain will comply with it on hers. In this way, peace will best be preserved, and the most amicable rela

tions maintained between the two countries.

JOHN TYLER.

DANIEL WEBSTER.

The visit, if maintained as a right, might be opposed also,-if we chose to split hairs about technicalities, but we have no desire to misunderstand others, any more than to be misunderstood. We practice it in our navy, not as a right, but as usage, for discretion? under which we are accountable, and we ask no more and grant nothing less to others. A familiar illustration will make this as plain to a landsman as to a seaman.

We deny to Great Britain or to any other power, absolutely, the right of search, or the practice of search, and the first instance in which any power attempts to exercise it, as it was exercised prior to the UNITED STATES AND GREAT BRITAIN.- war of 1812, will be the signal for a renewal of that The following extract from the despatch from Mr. war, on the instant. They may talk in parliament Everett, our minister to England, to the hon. Daniel as they please, write and print what they please Webster, dated London, Feb. 3, 1843, was read in about it, Americans argued to the end of their both houses of congress on Thursday, 23d February: chapter, endeavoring to avert the necessity for that "Parliament was opened by commission yesterday. war. They now to a man "stand by their arms," The queen's speech, and the very interesting debates whenever it is recurred to. Britain may treat with upon the addresses in the two houses, will be found us if she pleases or may let the subject alone if she in the papers of to-day, which accompany this des- pleases-but let her see to keep hands off. patch. I attended the debate in the house of commons. You can judge of the surprise with which I listened to the remarks of sir Robert Peel on the alledged fact that lord Aberdeen's letter to me of the To the hon. the Speaker, &c. &c. 20th of December, 1841, remained to this day "unThe serretary of state, to whom has been referred acknowledged by me in a note dated two days aftera resolution of the house of representatives of the wards, (23d December, 1841,) which, however un22d inst., requesting that the president of the Unit- important, was transmitted to Mr. Fox by lord Abered States be requested to communicate to that house, deen, and afterwards communicated to Parliament if not in his opinion improper, whatever correspon- and printed. Any man may call at the residence of another man, dence or communication may have been received "In this note of acknowledgment I informed lord to ascertain either his name, his occupation, or even from the British government respecting the presi- Aberdeen that I should avail myself of an early op- to make enquiry relative to others. He does not do dent's construction of the treaty concluded at Wash-portunity of making some remarks on the very im- so as of right, but by usage, in common civility and, ington, as it concerns an alleged right to visit Ame-portant topics treated in this letter. I pursued this neighborhood. Strictly construed, he has no right to rican vessels, has the honor to inform the president course of an immediate acknowledgment of the re- trespass upon his neighbor's premises, and if he dethat Mr. Fox, H. B. M. Envoy Extraordinary and ceipt of lord Aberdeen's note, with notice of a pur- means himself improperly, then he is accountable as minister plenipotentiary, came to the department of pose of replying in due season to its contents, be- a trespasser. No law-maker ever yet thought of state on the 24th of February, and informed the se-cause, being just arrived at my post, I had not re- incorporating a right to visit, or a penalty for visitcretary of state that he had received from Lord ceived the instructions which you had informed me ing amongst the statutes of the land. Such a proviAberdeen, H. M. Principal Secretary of state for I might soon expect on this topic, and which, as lord sion would be liable to endless abuse. Nor is it foreign affairs, a despatch under date of the 18th of Aberdeen's note modified the ground and disclaimed at all necessary that the right should be either assertJanuary, which he was directed to read to the secre- the language of his predecessor, it was my duty to ed or denied at sea. That it will be practised at sea, tary of state of the United States. The substance await. Such instructions I should, no doubt, in due by all maritime powers, is as obvious as the light of of that despatch was, that there was a statement in time have received; but on the 27th of December, day. It always has been, and to abandon it, would a paragraph of the president's message to congress lord Aberdeen informed me that the special mission be to abandon every purpose for which a navy is at the opening of the present session, of serious im- had been determined on; that lord Ashburton would maintained. What a farce would it be for the U. port, because, to persons unacquainted with the facts, go to America, with full power to settle every point States to send the squadron now about to sail for the it would tend to convey the supposition, not only in discussion, including what was called the right of coast of Africa, and maintain it there, if they were that the question of right of search had been dis-search, which he deemed the most difficult; and ex-prohibited to "visit" a single vessel except those avowed by the plenipotentiary at Washington, but pressed the opinion that it would hardly be worth that had the American flag flying? Pirates would dethat Great Britain had made concessions on that while for us to continue correspondence on matters sire no larger impunity than such a rule would afford point. in dispute between the two countries, and, though he them. was willing to consider and reply to any statement I No man has a right to stop a stranger travelling might think proper to make on any subject pending upon the highway, to enquire his name, or whether the negotiation that might take place at Washington, he is the man, or if he can tell him where to find the he supposed no benefit could result from a simulta-person he is seeking. No statute exists conferring neous discussion here. such a right-and if there were, it would be abused That the engagement entered into by the parties to "Such were lord Aberdeen's observations, as re- perhaps. Yet it is conceded as an indispensable the treaty of Washington for suppressing the Afri-ported by me in my despatch of December 31. usage, and no one questions it, except to kick whocan slave trade, was unconditionally proposed and "The negotiation took place, and a mode of deal-ever attempts to use it uncourteously. Just such a agreed to. ing with and settling the question was happily agreed usage is that of stopping a vessel at sea for any simiThat the British government saw in it an attempt upon, which made it unnecessary to resume the dis-lar purpose. It is and always has been and must be on the part of the government of the United States cussion so long continued upon the subject. In fact, the practice. To quarrel about whether it is or to give a practical effect to their repeated declara- from the moment the special mission was announc-is not a right, would be just about as wise a case for tions against the trade, and recognised with satisfac-ed, I considered the discussion as at an end, and as war, as the famous dispute that the Hollanders tion an advance towards the humane and enlighten- little to be resumed in reference to search and visi- once went to war about, whether the fish took ed policy of all Christian states from which they tation as the boundary or the 'Caroline.'" the hook, or the hook took the fish-a point which, anticipated much good. That Great Britain would though thousands of lives were lost, and millions of scrupulously fulfil the conditions of this engagement; THE RIGHT OF VISITATION. Quite a flare money were expended, remains to this day an open but that from the principles which she has constant- up, has been attempted since the arrival of the Aca-question, undetermined by "definitive treaty.” ly asserted, and which are recorded in the corres- dia, and the publication of Sir Robert Peel's speech | Besides the debate which occurred on the subject in pondence between the ministers of the United States. in parliament relative to the provisions of the treaty the U. States senate, a notice of which is inserted in this in England, and himself, in 1841, England has not of Washington. It was a God-send to the Hotspurs number, a debate also took place in the house of repre receded, and would not recede. That he had no in- here, as well as in France. There seemed to be an sentatives on the 28th ult, in relation thereto, whilst distention to renew, at present, the discussion upon the idea in some people's brains of proposing a declara- cussing the general appropriation bill. A motion was subject. That his last note was yet unanswered.-tion of war forthwith. That the treaty of Washing- made to strike out the appropriation for carrying the That the president might be assured that Great Bri-ton was considered by them as no treaty-and that treaty of Washington into effect, and some high-prestain would always respect the just claims of the Sir Robert's speech was sufficient ground for us to sure steam was worked off, but the vote was a signifiUnited States. That Great Britain made no preten- get rid of the treaty altogether, was actually assum-cant condensor. The bill passed, ayes 137, nays 40. sions to interfere in any manner whatever, either by ed in debate by U. §. senators! detention, visit, or search, with vessels of the United That the British ministry would feel somewhat States, known or believed to be such! But that it still sore after the modification which they felt themMajor Payne, the commander at Governor's Island, maintained and would exercise when necessary, its selves compelled to admit, in relation to the right of New York, it is said, has been arrested by the war own right to ascertain the genuineness of any flag search, especially as the French instantly assumed department for writing disrespectful letters to his suwhich a suspected vessel might bear; that if in the ex- that qualification as a pretext to demand or at least ercise of this right, either from involuntary error,or in warmly to urge the abandenment of the treaties of spite of every precaution, loss, or injury, should be 1831 and 1833, we had no doubt; and that the sore sustained, a prompt reparation would be afforded.—place was rather unkindly pricked by President Ty- AFRICAN SQUADRON. The Army and Navy ChronBut that it should entertain for a single instant the ler in his annual message, when he expressed the icle, in announcing the appointment of Commodore notion of abandoning the right itself, would be quite hope that this modification would become the basis of Perry to the command of the African squadron, adds impossible! future policy with all other nations, must be admit- that the new sloop Saratoga, Commander Tatnall, That these observations had been rendered neces- ted. That the ministry would feel somewhat sore now ready for sea at Portsmouth, N. H., will probasary by the message to congress. That the president under these circumstances, we ought to have ex-bly be the flag-ship. The brig Porpoise has already is undoubtedly at liberty to address that assembly in pected, and it would be uncharitable in us not to al- sailed for the coast, under command of lieut. A. Lewany terms in which he may think proper; but if the low Sir Robert to quiet away his feelings by so is. One other sloop and three additional brigs or queen's servants should not deem it expedient to ad- harmless a device as the one he resorted to, of in- schooners will compose the squadron.

That the president knew that the right of search never formed the subject of discussion during the late negotiation, and that neither was any concession required by the United States government nor made by Great Britain.

periors.

ARMY.

NAVY.

« PreviousContinue »