been provided for in any stipulations of the treaty of 1795, would have been a matter of comity only, not to be demanded as a right.' The treaty of 1795, unquestionably, does not provide for the delivery of pirates or assassins, but only because the contracting parties could never have imagined that a case like the present could have occasioned doubts of any kind, and because the point was so clear that they did not think it necessary to take it into consideration. Who can foresee the horrible consequences which may result, as well in the islands of Cuba and Porto Rico as in the Southern States of the Union, should the slaves come to learn-and there will be no want of persons to inform them-that, on murdering, killing, and flying from lawful captivity whensoever they may be in transportation from one point of the islands to another, and coming to the United States, the delivery of them, on account of their having murdered, killed, or fled, can not be demanded as a right? The undersigned leaves to the characteristic penetration of the Secretary of State [the task of imagining] the severe incalculable evils which may be occasioned by realizing this supposition."

The undersigned must beg leave to differ entirely from M. d'Argaïz in regard to the rule of law for delivering up criminals and fugitives from justice. Although such extradition is sometimes made, yet, in the absence of treaty stipulations, it is always matter of comity or courtesy. No government is understood to be bound by the positive law of nations to deliver up criminals, fugitives from justice, who have sought an asylum within its limits. The government of the United States has had occasion to hold intercourse on this question with England, France, Russia, Denmark, and Sweden; and it understands it to be the sentiment of all these governments, as well as the judgment of standard writers on public law, that, in the absence of provisions by treaty, the extradition of fugitive offenders is a matter resting in the option and discretion of every government.

The undersigned has thus once more gone over the circumstances of this case, and stated the view which the government of the United States has of it. He sincerely and confidently hopes that the Chevalier d'Argaïz will perceive that this government has violated none of its obligations to Spain, or done injustice, in any manner whatever, to any Spanish subject. The undersigned avails himself of this occasion to renew to the Chevalier d'Argaïz assurances of his high consideration. DANIEL WEBster.

The Chevalier d'ARGAÏZ, &c.

CHINA AND THE SANDWICH ISLANDS.

Message from the President of the United States, respecting the Trade and Commerce of the United States with the Sandwich Islands, and of Diplomatic Intercourse with their Government; also, in relation to the new Position of Affairs in China, growing out of the late War between Great Britain and China, and recommending Provision for a Diplomatic Agent, December 31, 1842.

To the House of Representatives of the United States:

I COMMUNICATE herewith to Congress copies of a correspondence which has recently taken place between certain agents of the government of the Hawaiian, or Sandwich Islands, and the Secretary of State.

The condition of those islands has excited a good deal of interest, which is increasing by every successive proof that their inhabitants are making progress in civilization, and becoming more and more competent to maintain regular and orderly civil government. They lie in the Pacific Ocean, much nearer to this Continent than the other, and have become an important place for the refitment and provisioning of American and European vessels.

Owing to their locality, and to the course of the winds which prevail in this quarter of the world, the Sandwich Islands are the stopping-place for almost all vessels passing from continent to continent across the Pacific Ocean. They are especially resorted to by the great numbers of vessels of the United States which are engaged in the whale fishery in those seas. number of vessels of all sorts, and the amount of property owned by citizens of the United States which are found in those islands in the course of a year, are stated, probably with sufficient accuracy, in the letter of the agents.

The

Just emerging from a state of barbarism, the government of the islands is as yet feeble; but its dispositions appear to be just and pacific, and it seems anxious to improve the condition of its people by the introduction of knowledge, of religious and moral institutions, means of education, and the arts of civilized life.

It can not but be in conformity with the interest and the wishes of the government and the people of the United States, that this community, thus existing in the midst of a vast expanse of ocean, should be respected, and all its rights strictly and conscientiously regarded. And this must also be the true

interest of all other commercial states. Far remote from the dominions of European powers, its growth and prosperity as an independent state may yet be in a high degree useful to all whose trade is extended to those regions, while its nearer approach to this Continent, and the intercourse which American vessels have with it-such vessels constituting five sixths of all which annually visit it-could not but create dissatisfaction on the part of the United States at any attempt by another power, should such attempt be threatened or feared, to take possession of the islands, colonize them, and subvert the native government. Considering, therefore, that the United States possesses so very large a share of the intercourse with those islands, it is deemed not unfit to make the declaration, that their government seeks nevertheless no peculiar advantages, no exclusive control over the Hawaiian government, but is content with its independent existence, and anxiously wishes for its security and prosperity. Its forbearance in this respect, under the circumstances of the very large intercourse of their citizens with the islands, would justify this government, should events hereafter arise to require it, in making a decided remonstrance against the adoption of an opposite policy by any other power. Under the circumstances, I recommend to Congress to provide for a moderate allowance to be made out of the treasury to the consul residing there, that, in a government so new and a country so remote, American citizens may have respectable authority to which to apply for redress in case of injury to their persons and property, and to whom the government of the country may also make known any acts committed by American citizens, of which it may think it has a right to complain.

Events of considerable importance have recently transpired in China. The military operations carried on against that empire by the English government have been terminated by a treaty, according to the terms of which four important ports, hitherto shut against foreign commerce, are to be open to British merchants, viz.: Amoy, Foo-Choo-Foo, Ningpo, and Chinghai. It can not but be interesting to the mercantile interest of the United States, whose intercourse with China at the single port of Canton has already become so considerable, to ascertain whether these other ports, now open to British commerce, are to remain shut, nevertheless, against the commerce of the United States. The treaty between the Chinese government and the British commissioner provides neither for the admission nor the exclusion of the ships of other nations. It would seem, therefore, that it remains with every other nation having commercial intercourse with China to seek to make proper arrangements for itself with the government of that empire in this respect.

The importations into the United States from China are known to be large, having amounted in some years to nine millions of dollars. The exports, too, from the United States to China constitute an interesting and growing part of the commerce of the country. It appears that, in the year 1841, in the direct trade between the two countries, the value of the exports from the United States amounted to $715,000 in domestic produce, and $485,000 in foreign merchandise. But the whole amount of American produce which finally reaches China, and is there consumed, is not comprised in these sums, which include only the direct trade. Many vessels with American products on board sail with a primary destination to other countries, but ultimately dispose of more or less of their cargoes in the port of Canton.

The peculiarities of the Chinese government and the Chinese character are well known. An empire supposed to contain 300,000,000 of subjects, fertile in various rich products of the earth, not without the knowledge of letters and of many arts, and with large and expensive accommodations for internal intercourse and traffic, has for ages sought to exclude the visits. of strangers and foreigners from its dominions, and has assumed for itself a superiority over all other nations. Events appear likely to break down and soften this spirit of non-intercourse, and to bring China, ere long, into the relations which usually subsist between civilized states. She has agreed in the treaty with England that correspondence between the agents of the two governments shall be on equal terms: a concession which it is hardly probable will hereafter be withheld from other nations.

It is true, that the cheapness of labor among the Chinese, their ingenuity in its application, and the fixed character of their habits and pursuits, may discourage the hope of the opening of any great and sudden demand for the fabrics of other countries; but experience proves that the productions of Western nations find a market, to some extent, among the Chinese; that that market, so far as respects the productions of the United States, although it has considerably varied in successive seasons, has, on the whole, more than doubled within the last ten years; and it can hardly be doubted that the opening of several new and important ports, connected with parts of the empire heretofore seldom visited by Europeans or Americans, would exercise a favorable influence upon the demand for such productions.

It is not understood that the immediate establishment of correspondent embassies and missions, or the permanent residence of diplomatic functionaries, with full powers, of each country, at the court of the other, is contemplated between England and

China; although, as has been already observed, it has been stipulated that intercourse between the two countries shall hereafter be on equal terms. An embassador, or envoy extraordinary and minister plenipotentiary, can only be accredited, according to the usages of Western nations, to the head or sovereign of the state; and it may be doubtful whether the court of Pekin is yet prepared to conform to these usages, so far as to receive a minister plenipotentiary to reside near it.

Being of opinion, however, that the commercial interests of the United States connected with China require, at the present moment, a degree of attention and vigilance such as there is no agent of this government on the spot to bestow, I recommend to Congress to make appropriation for the compensation of a commissioner to reside in China, to exercise a watchful care over the concerns of American citizens, and for the protection of their persons and property; empowered to hold intercourse with the local authorities, and ready, under instructions from his government, should such instructions become necessary and proper hereafter, to address himself to the high functionaries of the empire, or, through them, to the emperor himself.

It will not escape the observation of Congress, that, in order to secure the important objects of any such measure, a citizen of much intelligence and weight of character should be employed on such agency; and that, to secure the services of such an individual, a compensation should be made corresponding with the magnitude and importance of the mission. JOHN TYLER.

WASHINGTON, December 30, 1842.

Mr. Webster to Mr. Cushing.

DEPARTMENT OF STATE, Washington, May 8, 1843. SIR,-You have been appointed by the President commissioner to China, and envoy extraordinary and minister plenipotentiary of the United States to the court of that empire. The ordinary general or circular letter of instructions will be placed in your hands, and another letter stating the composition or organization of the mission, your own allowances, the allowance of the secretary, and other matters connected with the expenditures about to be incurred under the authority of Congress.

It now remains for this department to say something of the political objects of the mission, and the manner in which it is hoped those objects may be accomplished. It is less necessary than it might otherwise be to enter into a detailed statement of the considerations which have led to the institution of the mission, not only as you will be furnished with a copy of the