Indiana Palladium, Volume 7, Number 24, Lawrenceburg, Dearborn County, 18 June 1831 — Page 1

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(BY AUTHORITY.) TnSATY WITH AUSTRIA. JIT THE PRESIDES T OF THE CNITED STATES OF AMEB1CA A PROCJiA3f ATIOIV. Whereas a Treaty of Commerce and Navigation between the United Slates of America, and his majesty the Emperor of Austria, was concluded and signed at Washington, on the twenty-seventh daj of August, in thejearof our Lord one thousand eight hundred and twenty.nine, which treaty is word fur word, as follows : Treaty of Commerce and Navigation between the United States of America, and his Majesty the Emperor of Austria. The United States of America, and His Majesty the Emperor of Austria, King ol Hungary and Bohemia, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective States, of extending also, and consolidating the commercial intercourse be tween them, and convinced that this object cannot better be accomplished than by adopting the s) stem of an entire freedom of navigation, and a perfect reciprocity, based upon principles of equity equally beneiicial to both countries, have, in consequence, agreed to enter into negotiations for the conclusion of a treaty of commerce and navigation, for which purpose the president of the United States has conferred full powers on Martin Van Buren, their Secretary of State; and His Majesty the Emperor of Austria has conferred like powers on Lewis Baron de Lederer, his said Majesty's Consul for the port of New-York, and the said Plenipotentiaries having exchanged their 6aid full powers, found in good and due form, have concluded and sign ed the following articles. Article f. There 6hall be between the territories of the high contracting parlies a reciprocal liberty of commerce and navigation. The inhabitants of their respective Slates, shall mutually have liberty to enter the ports places and rivers of the territories of each party, wherever foreign commerce is permitted. They shall be at liberty to sojourn and reside in all parts whatsoever of said territories, in order to attend to their commercial affairs; and they shall enjoy, to that effect, the same security, protection and privileges as natives of the country wherein they reside, on condition of their submitting to the laws and ordinances there prevailing. Article If. Austrian vessels arriving, either laden or in ballast, in the ports of the United Slates of America; and, reciprocally, vessels of the United States arriving, either laden, or in ballast, in the ports of the dominions of Austria, shall be treated on their entrance, during their stay and at their departure, upon the same footing as national vessels coming from the same place, with respect to the duties of tonnage, light-houses, pilotage and port charges, as well a3 to the fees and perquisites of public officers and all other duties or charges of whatever kind or denomination, levied in the name, or to the profit of the Government, the local authorities, or of any private establishment whatsoever. Article III. All kinds of merchandize and articles of commerce, either the produce of the soil or the industry of the United States of America, or of any other country, which may be lawfully imported into the ports of the dominions of Austria, in Austrian vessels, may also be so imported in vessels of the United States of America, without paying other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the government, (he local authorities, or of any private establishments whatsoever, than if the same merchandize or produce had been imported in Austrian vessels. And, reciprocally all kind of merchandize and articles of commerce, either the product of the eoil or of the industry of the dominions of Austria, or of any other country, which may be lawfully imported into the ports of the United Stales, in vessels of the said States, may also be so imported in Austrian vessels without paying other or higher duties or charges, of whatever kind or denomination levied in the name, or to the profit ol the Government, the local authorities, or of any private establishments whatsoever, than if the 6ame merchandize or produce had been imported in vessels of the United States of America. Article IV. To prevent the poibility of any misunderstanding, it is hereby declared that the stipulations

contained in the two preceding articles, are to their full extent, applicable to Austrian vessels and their cargoes, arriving in the ports of the United States of America; and reciprocally, to vessels of the said Stales and their cargoes arriving in the ports of the dominions of Austria, whether the 6aid vessels clear directly from the ports of the country to which they respectively belong, or from the ports o any other foreign country. Article V. No higher or other duties shall be imposed on the importation into the United States, of any article the produce or manufacture of the dominions of Austria ; and no higher or other duties shall be imposed on the importation into the dominions of Austria, of any article the produce cr manufacture of the United States, than are, or shall be payable on the like article, being the produce or manufacture ol any other foreign country. Nor shall any prohibition be imposed on the importation or exportation of any article the produce or manufacture of the United States, or of the dominions of Austria to or from the parts of the United Stater, or to or from the ports of the dominions of Austria, which shall not equally extend to all other nations. Article VI. All kinds of merchandize and articles of commerce, either the produce of the soil or of the industry of the United States of America, or re-exported from the porta cf the said United State?, in national vessels, may also he exported, or re-exported therefrom in Austrian vessels , without paying other, or higher duties or chaiges of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if the same merchandize or produce had been exported or re-exported, in vessels of the United States of America. An exact reciprocity shall be observed in the ports of the dominions of Austria, so that all kinds of merchandize and articles of commerce either the produce of the soil or industry of said dominions of Austria, or any other country, which may be lawfully exported or re-exported, form Austrian ports, in national vessels, may also be exported or re-exported therefrom, in vessels of the United Slates of America, without pajing other or higher duties or charges, of whatever kind or denomination, levied in the name or to the profit of the Government, the local authorities, or of any private establishments whatsoever, than if the same merchandize or produce had beet) exported, oi re-exported, in Austrian vessels. And the same bounties and drawbacks shall be allowed, whether such exportation or re-exportation be mude in vessels of the one party, or of the other.

Article VII. It is expressly understood and agreed that the coastwise navigation of both the contracting parties, is altogether excepted from the operation of this treaty, and of every article thereof. Article VIII. No priority or preference shall be given directly, or indirectly, by either of the contracting parties, nor by any Company , Corporation or Agent, acting on their behalf or under their authority, in the purchase of any article of commerce, lawfully imported, on account of, or in reference to the character of the vessel, whether it be of the one party or of the other, in which such article was imported, it being the true intent and meaning of the contracting parties that no distinction or diiierrnce whatever shall be made in this respect. Article IX. If either party shall hereafter gant to any other nation any particular favor in navigation or cammerce, it shall immediately become common to the other party, freely, where it is free granted to such other nation, or on 3ielding the same compensation, when the grant is conditional. Article X. The two contracting parties hereto reciprocally grant to each other, the liberty of having, each in the ports of the other Consuls, ViceConsuls, Agents and Commissaries of their own appointment, who shall enjoy the same privileges and power as those of the most favored nations. But ii any such Consuls shall exercise commerce, thoy shall be subjected to the same laws and usages to which the private individuals ol their nation ai e subject in the same place, in respect of their commercial transactions. Article XI. The citizens or subjects

of each party shall have power of their personal goods, within the jurisdiction of the other, by testament, donation, or otherwise; and their representatives, being citizens or subjects of the other parly, shall succeed to their personal goods, whether by testament, or ab intestato, and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at their, will, paying such dues, taxes or charges, only, as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases. And in case of the absence of the representative, such care shall be taken of (he said goods, as would be taken of the goods of a native in like case, until the lawful owner may take measures for receiving them. And if any questions should arise among several claimants, to which of them said goods belong, the same shall be decided finally by the Jaws and Judges of the land wherein the said goods are. But this article shall not derogate, in any manner, from thegforce of the laws already published, or hereafter to be published by XI is Majesty the Emperor of Austria, to prevent the emigration of his sub

jects. Article All. I he present treaty shall continue in force for ten years, counting from the day of the exchange of the ratification ; and if twelve months before the expiration of that period, neither of the high contracting parties shall have announced by an official notification to the other, its intention to arrest the operation of said treaty, it shall remain binding for one year beyond that time, and so on, until the ex piration of the twelve months which will follow a similar notification whatever the time at which it may take place. Article XIII. This Treaty shall be approvedand ratified by the President of the United States, by and with the advice and consent of the Senate thereof; and by His Majesty the Emperor of Austiia; and the ratification shall be exchanged in the City of Washington, within twelve months from the date ol the signature heieof, or sooner, if possible. In faith whereof the respective Plenipotentiaries have signed and sealed this Treaty, both in the English and German languages, declaring, however, that, it having been originally composed in the former, the English version is to decide the interpretation, should any difference in regard to it unfortunately arise. Done in triplicate, at Washington, this twenty-seventh day of August, in the year of our Lord one thousand eight hundred and twenty-nine. M. VAN BUREN. fL. s.l L. BARON DELEDERER. L. s And whereas the said Treaty lias been ratified on both parts, and the respective ratifications of the same were this day exchanged at the City of Washington, by Martin Van Buren, becrelary of Stale of the United States, and Li2wis, 13 iron de .Lederer, Consul General of His Majesty the Emperor of Austria, in thesaid United States, on the part of their respective Government; Now, therefore be it known that I, Andrew Jackson, President of the United Sates of America, have caused thesaid Treaty to be made public, to the end that the same and every clause and article thereof, may be observed and fulfilled with good faith by the United States and citizens thereof. In witness whereof I have set my hand, and L.S. caused the seal of the United Stales to be a faxed. Done at the City of Washington, the tenth day of Febiuary in the year of our Lord one thousand eight hundred and thirtyone, and of the Independence of the United Stales of Amer.ca the fiftv-fifih. ANDREW JACKSON. By the President : M. Van Buren, Secretary of Slate, From the Vienna (N. Y ) Republican. BANK OF THE UNITED STATES. The q-iestion respecting the renewal of the charter ol the U. S atea Bank is becoming one of deep interest. It will be seen in our paper to-day, that both branches of the legislature of this State have expressed their opinion on the subject, by adopting the resolution offered by Mr. Morehouse. We are pleased with this decision, because we believe it will be sustained by the people of this State, and, moreover, because we are apprehensive that the powers conferred on that institution, are, or may be, used for purposes of oppression, and are, we apprehend, inconsistent

with the genius of the National Constitution. The framers were particularly anxious to guard against the introduction into that instrument of any principles which might favor monopoly, or which might tend to the creation of aristocratical combinations. The Bank of the United States is well calculated, by its vast capital and great privileges, to produce a state of things at war with the interests of the State Banks, and by its patronage, to raise up a monied aristocracy, which, in the end, might prove destructive to the liberties of the nation. Whatever view we take of the subject, we cannot but perceive in this vast machinery an undesirable aspect, which it would be better to annihilate, than to foster, at the danger of exposing to hazard the great blessings which our Constitution is capable of conferring. Indeed the question, whether the law, creating the bank be constitutional or

not, has been often dicussed in Congress, and even the leader of the na tional republican party, Mr. Clay, was the champion of those who denied that the Constitution authorized such a law. But leaving the question, whether it be constitutional, unsettled, we must confess that our opinion is against a renew al of the charter, in any shape. We are among those who think it not at all the result of a too scrupulous spirit, to look with extreme solicitude, towards every measure by which the powers cf the general government may, by miscon struction, encroach upon the powers reserved to the States. A due circumpection, nay, even jealousy on this point, we consider essential to the wellbeing of the republic. To keep the complicated machine of the government in motion, it is indispensible to preserve each part in its proper sphere, in order that the whole may possess the power of producing results, for which it was originally designed. It is the part of patriotism to guard the national structure from all encroachments of a fatal tendency. It is the nature of men to desire power, and as our government is administered by men, it becomes the duty of every citizen to watch their measures, lest they exceed the limits prescribed by the Constitution. From the N. Y. Sentinel Sc W. Men's Advocate United States' Bank. The two arguments most depended upon by the advocates of the United Stales' Bank, are, first, that it provides the means of transmitting money to distant parts of the country with little or no expense, while a use of State bank notes for that purpose would subject to a heavy discount; and secondly, that it acts as a check on the State Banks, and prevents over issues, &:c. The first of these arguments, as we think we have shown in a late article, (which has been copied into sevtral papers without comment,) is without force, for the object might be obtained by the establishment of a National Bank of transfer only that is, for issuing notes for which the value should be deposited, and no others. Every convenience of traffic might be answered by such a bank that is now furnished by the U. S. Bank, while there would be no monopoly no privi leged class drawing interest from the pepoWs money, as is the case w ilh all chartered banks at present. I he other argument in favor of the mammoth monopoly for we cannot call it by a more appropriate name is well answered by the following article: "Sophistry of Corruption. One argument used by the advocates for rechartering the Bank of the United States, is, that it will keep the State Banks within the bounds of justice. This single argument ptoves all that we wish. It proves that the Stale Bariks are mischievous engines. So it seems, that having one set of petty Ty rants among us, we must call in another set to quell or keep them in order. Had we not better destroy the first brood? Wisdom would say yes. Virtue would say yes. Freedom would say yes. What man, but a crazy man, if a mad clog should get into his house, would think of calling in a second mad dor to eet the first out? And)etsuchis the profound policy of our great Sc immaculate, our wise and wonderful statesmen. When the locusts, the lice, Sc the frogs, came as so many plagues, or curses upon Egypt, the Egyptians did not pray for more locusts, more lice, more frogs, to drive out the first swarms. If they had done so, they would have been just as wise a3 our wiseacres are who want the National Bank to keep down the State Banks, which are full as bad, we admit, as the murrianand lice of Egypt

and rather worse. We say destroy the

wuoie orooa or repeal the restraining act and let every man bank it that can i ii ... . aosojon a sona capital ol silver ana gold but no rag money no slips of dirty paper, which represent nothing uui cuijuj Kiuiic, rtuu cue not worm r on an average, n pusned leward for redemotion, much more than old - vviimVa, at a hundred for one.'1 1 janonai Ubserver. NEW ORLEANS MARKET May 23. Fiour. The market continues to receive a very abundant supply the arrivals of the last week amounted to 18,1 OS bbls. We quote now, choice brands for the city bakers 5, for shipment 4, 75, both dull. Pork. Wre have no change in price to notice, the demand for Mes3 and Prime continues very fair, and cargo dull. Arrived this week, 128 bbls. Lard. Former quotations nre yet current for good Laf, in kegs 8 cents, inferior in bbls 7 cts. Arrived this week 3592 kegs, 8 bbls. Bacon. The market is well supplied, and the daily arrivals prevent the previous large supply from diminishing it is dull at quotations. Whisky. The demand has increased, and we notice an advance in price last sales 32 cents per gallon from first hands. Bale Rope has advanced, last sales 8 a 9 cents, with a fair demand. Baggijig. Kentucky continues to meet a lair demand at 19 a 20 cents. Sugar mid Molasses, on Plantation have experienced no change in price for some time past. The demand, hitherto quite limited, appears now to be somewhat improving, owing no doubt to the practicability of getting vessels to carry it elf, and at perhaps rather better terms. The carving Knife. Mr Clay's Reporter gives us a long report, filling nearly a column, upon the subject of a carving knife presented to the g;reat patron oi home consumption. The letter of presentation very appropriately insists upon the peculiar adaptation of the article to mark the respect of the donors for "his eminent public services.19 We must be permitted to add our humble approbation to the felicitous selection of this present, as well calculated to do honor to the "eminent public servi ces" of Mr. Clay. A sword is given by communities to signalize the achievements cf a man who has served his country in the field of battle. Could any thing be more appropriate than a carving knife as a memorial of the exploits of the greatu6ic Dinner Eater? Globe. An article has been going the rounds of the opposition prints, and has found its way into the Statesman, charging the President with a derelictionof duty, and winking at the defalcation and official misconduct of his ftiends. That the public may have something more than the bare stalemenUof an enemy, rendered desperate by the operation of rotation in cilice, we insert below the article alluded to, following by some remarks by the editor of the Globe. The facts of the case alter materially, if not altogether destroy Mr. Duncan's version. Ed. PaL To the Public. On the 15th of January, 1830,Major John L. Allen, the present SubAgent for the; Chickasafvs, and myself, impelled by what we considered a sense of duty preferred certain charges against Bei jamin F. Smith, late Agent for the Chickasaws. The substance of the charges thus preferred is, that the said Smith has swindled the Government of the United States and the Indians, whose guardian be was, out cf the sum of Ten Thousand Dollars, The Charges were made with various specifications, and presented to the proper cflicer cf the government in due time, previously to said Smith's resignation of the efhee of Agent and sworn to by Maj. J. L. Allen and myself. Notwithstanding said Smith had thus been charged with swindling and defrauding the government, the Secretary of War permitted him to resign, without causing any investigation into the matter, and to retire with his unjust gains, and carry with him the records of the Agency. This conduct of the Secretary of War can only be accounted for from the fact, that the present Chief Magistrate is ere the securities of Smith. A cocsiderable time hai elapsed since the charges were preferred, and no suit bas been instituted