Indiana State Sentinel, Volume 5, Number 25, Indianapolis, Marion County, 11 December 1845 — Page 2

f.lr. Llhs replied that there was immense quantitic of land belonging to the General Government in the State of Indiana subject to overflow, which not tmly rendered it worthless to the Government, as they could not expect to realize any thing from it while in th: condition, but it U exceeding prejudicial to the people living adjacent. If the right of the State to it was continued, it could be reclaimed, acj rendered valuable. Mr. Edmoodaon moved to refer it to the committee on agriculture ; which motion prevailed. Ir. Alliuon moved a suspension of the rules in or

der to take tip the joint resolution in relation to legal 1Z1PST the bets 01 llenrv Strickland, a Justice OI the peace in Green county, hieb was accordingly done; joint resolution was read the third time and passed, j On motion of jlr. Chapman of L., tne donate aujourncd. HOUSE OF REPRESENTATIVES. Petitions, .Memorirls, lie. presentetL De Mr. Dowling. a petition from Vigo for a divorce. By Mr. McCormkk, from citizens cf Tipiecar.oc. By Mr. Mick!, from citiz ns of Steuben. By Mr. Hilt, of cirzerss of Jennings, praying that there might be attached to said county a certain Itact of land bflongii tf Jtffirson county. By Mr. Riley, from citizens of Hancock; and Dy Mr. MicUe, fmm citizens of Jay coumy ; which were appropriately referred. Reports from Standing Committee. Mr McDonald, from majority of e!rct committee to which was referred the proposition to receive htviva voce mode of voting for United States Senator, made a report ; which was. on motion, laid on the table. Sundry resolutions were introductd, which will be found in the Tii-weely Sentinel. ' Hills Introduced. By Mr Taber, amending the act incrpontin? the Michigan road company ; read twice and refcrr.d to a select committee. By Mr Mooney. an act to eit.-nd the time of holding probate courts in the county of Jackson; read twice and referred to judiciary committee. Messrs. Kousseau and 1'ennington mord to amend, by adding the rounties of Grtene and Iliiriisn, which motions carried. ORDER OF THE DAY. The joint rcsjiution instructing our Senators and requesting our Representatives in Congress to procure the passage of a law eitending the provisions of the preemption laws to the settlers on the Miami Reserve ; passed to third reading. Mr Mcore introduced a bill (No. 14.) to reduce the per diem allowance of member of the General Assembly t $2 per day after the first of August next ; red. Mr Cruikshauk, from the committee on flections, asked time unt.l Tuesday next, to make their report in the cae of Messrs. Lanius and Lin., in the contested election from Dearborn and Ohio counties; which was made lh: order of the day f r this day. After debate, which will be fund in the Tri-wcekly The question was taken on discharging the committee from the further consideration of the question, and carried. On motion of Mr. Vnndeveer, the IIU!e then resolved itself into the committee of the whole, Mr. Fuller in the chair, for the consideration of the subject. Mr. Secrest offered tba following preamble and resolution : Whebeas, at the late election of representatives to the General Assembly, in the representative district composed of the rounties of Dearborn and Ohio, it appears bv undisputed official return, th;it James II. Lane, E-, received 1553 veins, and that Ym. Lanins received only 1411 votes. And whereas, the qualifications nl members of this IIoue are defined and unalterably fixed by the constitution of this State, and are not subj'-ct to any restrictions or change by Legislative enactment. And whereas, those qualifications, so far as concern residence, irt merely that the representative shall rcsi.le within bis respective district. And whereas, the Legislature has no power to provide by law, in contravention of the provisions of said constitution, that such member shall reside in any particular portion of such representative district, whether composed of one or more couniies, or to render ineligible to such ofii.-e any man merely because he resides in one part of such district. And whereas, it appears by the returns aforesaid that the said Lane, in said election, received a majority of 114 legal vote3 over the said Lanios. Therefore, Resolved, Thnt the said James II. Lino is entitled, and be admitted a seat in this Mouse, as a member thereof, to the exclusion ol said Vm. Lanius. ATK500 SE5S10.1. The House then ajain resolved itself into committee ; a coutested election cose, Mr. Tuller ol the whole on the in the chair. Mr. Rousseau read the clause ol tlic constitution relating l the qualification of members, to show that that instrument rvo-iired no other qualification, as to residence, than lint lite member "shall reside wilhin the limits of the county," a ndthat conseq.ienily no new prerequisites of , qualification, such as residing in a particular portion of a county, can De legally ana consuwiionaiiy superadded be th 1-og'iUiuT, whilst actin under its provisions. Air. R. tben quoted from Juitg 4i.rjr t prove tt.nl tlio law bearing on the case was properly construed by him ; and contended that the Legislature had just as much right to sav that no man should be elected unless ho weighed 200 lbs., or was of a certain height, or lived on a particular farm, or possessed some other arbitrary personal characteristic. The principle, he continued, was perfectly absurd, and if carried out lulo practice, would destroy every thing like republican and representative government. The Legislature had no right to interfere with an apportionment law once established, except in the manner, and at the stated periods named in tha constitution. The principle contended for by him was, that if a member duly elected possessed all the qualifications required by the constitution ns prerequisites to eligibility, the Legislature cannot add to those prerequisites by any arbitrary additiona of its own. Mr. Porter maintained lhat where the Legislature was cot prohibited by the Constitution in express terms from doing an act r.eccssa.y ard proper to be done, it must, of necessity, postea the power. There was a great d.Üvrence in construing language in ihe negative and language in the affirmative, where found in the Constitution. Although he had a great respect for the opinions of Judge Story, it ahoald bo borne in mind that, in ths passages quoted, he cites to no authority and refers to no decisions, and merely give his opinion Wherever the Constitution des not take away a power, that power must of necessity exist in the Legislature ; and Mr. P. therefore conteoded that the Legislature had a perfect right to pass the act erecting a portion of Dearborn into a new county, and making provision that one of the members to which the o'd county was enti led, should reside within the limits of the new county created out of a portion of its territory. Besides, the circumstance of all the Departments of our Government in the constitutionality of the law, should admonish us to be cautious how we declare a law passed under such sanctions, an illegal nullity. Mr. P. spoke at length, and fortified Lis views by referring to legal authorities. Mr. Carr addressed the House at length. He assumed the position that, as the constitution docs not prohibit changing representative districts at any time, and lhat the law of 1944 should govern in this case. He contended lhat to count the vole given to Mr.' Lane in Dearborn county against the vote cast f r Mr. L.-inius in Ohio county, was a fraud upon the constituents of the latter gentleman. Mr. Cx aim spoke at much length, and contended " J s county ol , that, it Mr. Lane was entitled to a vote in m Dearborn, at the August election, (which no one doubt-! ed,) it followed as an indisputable lact, that he must, ol necessity, nave Deen quaurieu 10 represent iu citizens in the Lerutalure - Mr. Osborne desired to call the attention of the committee to one principle, which is this : that our constitution defines what we may do, but not what we may not. All constitutions with which he was acq-iatnted, (except that of Massachusetts were limitations of the power, to be exercised under liiem by the representatives of the people. He contended that the people had the right to alter and ainenJ their constitution of government whenever they may think proper, notwithstanding the opinions advanced, to the contrary, in this db.iie. Mr. O. aid all legislative authority was, by tho 1st suction of the 3d article ol the Constitution, vested in the General Assembly, and the remaining sections were limitations ofllj.it p.ivsr. He then co nparcd and q iotcd the difference in lh phraseology of sections 2, 3 and 4 in relation to Representatives, 'sevral counties," and "county," and each county;" with sections 5, 6 and 7, where, speakini of Senator, it says, "counties oi dis'ricts." He referred to the 5th arid tith ol Blackford, nn 1 to other authorities lo ahow that unless the unconstitutionality ol an act be so obvious as t admil of no doubt, then it is constitutional. Mr. O. ridiculed the idea of a strictly literal construction of the ronstilutional provision under conderation. It would lead lo the absurdity, that the union ol tvo or more counties in o;e representative district, is clearly unconstitutional, because-, of necessity, the representative of such district en n not be a resident ol more than one county composing the same; and yet, if the re- - t - ...is t-. ! i-t !. I . if ill. a Ailnlu t itf represent, hw ear. ne u utw cuiiijcu ui ' - A Plural fitncfrtlrvfiiHi r C fflia lw! or more cuuuuva. ...-.. -.....---v..-.. ... oh rasa ''mast be a resident wttl.ui the limits of the counr 9 i. ii ....! A.-tri.-tA uriAOfiatitutional- anrf tTj-- w(aia nid mi -. i a r denrive many counties oi represeuwuve u, owi f h.a Hause. Mr. O. said that there was a jrreal a n- rence between our constitution and lhat of ihe Uniu-d Stales. r .v. i.nr ihr is an exoress reservation to me peopie and to the Stites of all power not erprcssly and specifi ally enumerated and granted away ; but no such reeerva j..a .xn.i it r.n 1 r f) ft unikal varioiiät tjon in , our onw waiw aatio.'iüef 13 lusuia bit viewi, and U jusiify the vote he

was about to give. Hebelievtd hewouIJ b f und with the minority, but be still frit if incumbent on him to discharge bii duty in a conscientious manner, and according: to the best tight he haJ. Mr M'Donakl aaiJ that all Lgilaturea were mere ere. tuies of the Constitution under which they scied. The people ar the original source of all power, and (heir will chouM be faithfully carried out by their servants. The power to district the State, and take the census, are directory Obligation resting upon as under its provisions. The only matter to be argued lfre litis committee i at to whether the Legislature has the powrr to designate the Krtiuu of a reprsen lali ve diatricl from which a member mutt be elected. This it the ourstion, and it if the dis-

trict as a whole that we are to louk a i. without any refer nce to mere county lines. When this question is settled in the mind of a member, he is prepared to vote upon it. Lery citizen is eligible l le a repretentatire on luisflor. when he possesses certain qualifications therein provided. Mr. Lane according to this test, dt es not possess the qualification of residence, as the Reprceniatie of Ohio county, required by law. ami ia ibertfore not eligible as its Reprce nia'jve upon this fl r. The commiliee of the whole rose, reported progress, and on motion, was discharged from the further consideration of the case. The House then adjourned1. SL.VATE. bATCBDAi, Dec. 6, 1815. Mr. Login from the committee on Claims la whom was referred the petiiion of Horace D. Smith of Founttin county praying relief, reported the ame back, and recommended its reference to the committee on the State Hank, and it was accordingly so re ferred. The bill for the relit f f Francis La Ton la in and others was read a second lime and referred to the conmiltee on the Judiciary. The bill reducing the fees of pilots over the Falls of the Ohio was read the second time and laid on the tat ie. The bill in relation to the Lawrencvburgh snrl Napoleon Turnpike Company was read the third time and pased. i The bill to attach the county of Tipton to the ll'h Judicial C tcuit was red the second lime and ordered to a ' third rtaJiiig. The b II in rela'ion to Corporation was read the second time and referred to the committee on the Judiciary. The bill legalizing an election in the county of Crawford was read ihe third t ine and passed. A message was received from the House by Mr. Kinder, the Prircipal Clcrk,rcjursing the Senate to repiar inttan ttr to the Hall of the House fir the purpose of t'ecling a United States Stna'or, Messrs. Davis and Chapman of L. acting as tellers on the part of the Senate. HOUSE OF REPRESENTATIVES. Petitions, .Memorials, Cfc, presentetL By Mr. Mickle, of ci'tzens if Adams and Jay, (a remonstrance) respecting a tax for a road from Portland to SUa'eline; By Mr. Fuller, a petition for a divorce ; j By Mr. .1ecker, frrn rit tens of Fayette county, respecting a iSlate road from (Jonneraviile to Öt. Omer, pray- . trig its width to be reduced ; snd j By Mr. Fuller, a petiiion ; which wrre appropriately referred. Reports from Select Committees. Ar. VanJivter. from sebct com mil tee, to whom was referred peli n of Dl. Dt-hutT. re rted a bill for his relief, as purchaser of a certain tract of saline land; Head. The next thin; in the or.ler of business was the resolu-, lion in regard to the contested election ; but it was, on motion, laid on the table ayes CO, noes 35. : United States Senator. j The Senate and House having assembled in j int Convention was called to orJer by ih President of the Senate, who announced the olj-cl cf the their assembling. j Mr Reud said he was authorized to withdraw the names of G.v. Whitcomh, Judges Lax and Chamberlain, and that of the Hons. J. A. Wright and IL D. Owen, a candiJates for tho office of Senator. The following is the result of tho first ballot : Hon. Jesse D. Urgiit receive 1 80 votci. Hon. Joseph G. Marsha I received CG " Mr Uright, of Jefferson county, having, on the first ballot, received a majority of all the votes given in, was declared duly elected a Senator in Congress for six years from the 4lh day of March l.-t. There were two blank vnes cast, two members absent. The convention then adjourned sine die. Mr Henry, cf the Senate, under a pledge, voted for Mr Bright. Mr Vandevee r offered a resolution, authorizing the Doorkeeper cf the House to subscribe fjr two copies each of the Indiana Journal and Slate Sentinel for the use of the officers aad members of the Hou?e. at a nriea not errre.t. jDg gt p-r cony Mf y.ndevee'r arced the adoption of the reo!u ion. in justice to the Editors, who are pot to great expense in employing reporters to sprcaJ the daily proceedings of the legislature I'tf re the members of t!.e House, and the country. It is the cheapest and best means if Idling our constituents know what we are doing, and of enabling them to correct us, if we should do wrong, or mireprerit or disobey their wi-hes. The expense was so tnfl.ng" when divided among tho people, that it was impossible, without a great knowledge of figures, to find fraction uliiuent'y smalt to lc!l wh tl it would cost per head when divided among the voting papulation of the State. j Mr Slapp, although he had never voted for taking the papers, would, on this occasion, if the resolution wai so amended, as to take one copy each of the Sentinel and Democrat, and two of the Journal. He dsrovered lhat' there was alwaya more time and money consumeJ in.de- ' bating the proposition, than would pay for four times the amount of the papers proposed to be taken. Mr Yandeveer assented lo the amendment. ! Mr Cox moved to am;nd, by leaving it optional with members t contract for copies each of such papers as they might designate; not adopted. . Mr Secret moved the indefinite postponement of the resolution and ending amendments. I The motion did not prevail nycs 45, noes 53. j The previous question was ihen called and sustained ; and the resoluliou, as amended, was adopted ayes 54, noes 45. i Sundry resolutions were introduced, w hich will bs ' found in the in-weekly t-entinel Ulcci idit cf r. S. Smut jr. The result cf the election of U. S. Senator, must convince every one, if a doubt existed, of the entire ; harmony and concert of the Democratic Party in Indiatn. Before the session of the Legislature, several individuals having the fall confidence and respect of the party, had been preaeutcd by their friends in various portions or the Statt?, as candidates for Senator. The claims of Gov. Whitcomh, lion. Kobcrt Dale Owen, Jude Law, Judge Chamberlain, Hon. Joseph A. Wright, Lad all bre i considered, and each had warm and ardent 6'jpporters among the democratic members of the Legislature assembled at the capital. The whigs, anxious, as at all times they are, to promote discontent, " to divide and conquer," hoped to fo.neat disorder in our ranks, to induce some one of the distinguished individuals above named to unite a portion of the Democratic party upon them, and by a promise of tlie whole whig vote to defeat the candidate whom the majority of the democrats in caucus J J rnignt agree upon as the person to run. Y e are truly rejoiced to say, that every such attempt was defeated by the firmness, the honor, the integrity, and democracy of the Bcveral individuals named. For however desirable the station sought miht have been, and it ii one of the greatest in the gift of a free people, no one could bs found, v-'hu was willing for a moment to listen to any such arrangement. They were unwilliug to forfeit the confidence of their party by any such compact, but honorably and fairly presented their claim, to the judgment and determination of their political friend.-i only, and agreed without a dissenting voice to abid-' their decK-iou. The result our readers have already learnt. On the first ballot, the -lion. Jesse D. Bhigut was elected by a majority of four teen votes, over his Whig competitor. It may not be ' improper to state, in connection with this subject," that just previous to the balloting, and while the con-j vention was assembled, the lion. James G. Read, ! Senator from Clark, aroe in his place, and announc- j cd that he was instructed by the gentlemen above named to withdraw their names as candidates, evinc-! ing that they fully concurred in the nomination made' by their political friends in caucus. Should not this be a lesson to our political friends elsewhere ! It is j or.ly by union, concert and harmony, that we can expect to sustain our party. The democracy of Indiana I i have shown in this elect on a Do'jle example of the truth of the motto : Every thing for ti e cause, ! nothing for mco." - Mr. Uright rcsined his oTice as Tresidcnl of the j Senate on Monday, and took his leave of that body in a neat address. We regret that we have not room lor it ia this paper. . '

3niriatm ötatc Sentinels

TUI-WEEIilA. CTER JAL TIOILARCE II THE PBICC OF LIS LETT. INDIANAPOLIS DIXE9IREIC II, IS15. PRESIDENT'S MESSAGE. lUoiC-eitizens of i.',e Senate and House of Representatives of Ihe United Stales. It is to me a source of unaffected satisfaction to meet the Representatives of the States and people in Congress aemhlcd, as it will be to receive the aid of their combined wisdom in the administration of public affair?. In performing for the first time, the duty imposed on me by the constitution, of giving to ycu information of the state of the Union, and recommending to your consideration such measures as in my jud :nont arc necessary and expedient. I am hippy that I can congratulate you on the continued prosperity of our country. Under the blessings tf Divine IYn idence, and the benign influence of our free institutKn3. it stands before the world & fprctacle of nationil happiness. With our unexampled advancement in all the elements cf nationnl ;;reitnes?, the affection of the pe pie is confirmed for the union of the States, and for the doctrines of popular liberty, which lie at the foundation of our government. It becomes u, in humility, to make our devout acknowledgements to the Supreme Ruler of the Universe for the inestimable civil and religious blessings with which we are favored. In calling the attention of Congress to our relations with fjreign powers, I atn gratified to bo able to state that, though with s-me of them there have existed since your list session serious causes of irritation and mtstindrstandin', yet no actual hostilities have taken place. Adopting the mtxtm in the conduct of our foreign affair?, to "ask nothing that is not right, and submit to nothing that is wrong." it has been my anxious desire to preej.e peace with all nations; but at the same time, to be prepared to resist aggression, and to maintain all onr just rights. In pursuance of the joint rcs dution cf Congress, "f.r annexing Texas to the United Stitrs," my predecessor, on the 3d day of March, 4913, elected to submit the first and second sections of that resolution to the repullic cf Tcxns, as an overture, on the part of the United States, for her admission as a State into our Union. This tlcction I approved, end accordingly the charge d'affaires of the United States iu Texas, under instructions of the 10th of March, 1915, presented these sections of the resolution for the acceptance of that republic. The executive government, the Congress, and the people of Texas in convention, have successively compLed with all the terms and conditions of the joint resolution. A constitution fur the government of the State of Texas, formed by a convention of deputies, i- herewith laid before Congress. It is well known, also, that the people of Texas at the polls have accepted the terms of annexation, and ratided the constitution. I communicate to Congress the correspondence between the Secretary of State and our charge d'affaires in Texas ; and also the correspondence of the latter to the authorities of Texas; together with the o.Ttcial documents transmitted by him to his own government. The term3 of annexation which were ofiVrcd by the United States having been accepted by Texa, the public faith of both parties is solemnly pldeged to the j compact of their union. Nothing remains to consum- ' mate the event, but the passage of an act by Congress j to admit the State of Texas into the Union up.m an i equal footing with the original States. Strong reasons exist why this should be done at an carlv- period of the session. It will be observed that, by the constitution of Texas, the existing government is only continued temporarily till Congress can act ; and that the third Monday of the present month is the day appointed for holding the first general election. On that day a governor, a lieutenant governor, and both branches of the legislature, will be chosen by the people. The President of Texas is required immediately after the , receipt ot oILcial intormation tnat wie new siaie lias Icea admitted into our Union by Congress, to convene the legislature ; nrd, upon its meeting, the ex isting government will be superceded, end the State government organized. Questions deeply interesting ' to Texas, in common with the other States ; the cxtension of our revenue laws and judicial system over her people and territory, as well as measures of a local character, will claim the early attention of Congress; and, therefore, upon every principle of republican government, she ought to be represented in that body without unnecessary delay. I cannot too earnestly recommend prompt action on this important subject. As soon as the act to admit Texas as a State shall be passed, the union of the two republics will be consummated by their own voluntary consent. This accession to our territory has been a bloodless achievement. No arm of forre has been raised to produce the result. The sword lias had no part in the victory. We have not sought to extend our territorial possessions by conquest, or our republican institutions over a reluctant people. It was the delib erate homage of each - people to the great principle cf our federative union. If we consider the extent of territory involved in the annexation its prospective influence on America the means by which it has been accomplished,! springing purely from the choice of the people them- ( selves, to share the blessings of our union, the his tory of the world may be challenged to furnish a parallel. The jurisdiction of the United States, which at the formation of the federal constitution was bounded by the St. Mary's, on the Atlantic, has pnssrd the Capes of Florida, and been peacefully extended to the Del Norte. In contemplating the grandeur of this event, it is not to be forgotten that the result was achieved in despite of the diplomatic interference of European monarchies. Even France the country which had been an ancient ally tho country which has a common interest with in in maintaining the freedom of the seas the country which, by the cession of Louisiana, first opened to us access to the Gulf of Mexico the country with which we have been every year drawing more and more closely the bonds of successful commerce most unexpectedly, and to our unfeigned regret, took part in an effort to prevent an nexation, and to impose on Texas, as a condition of the recognition of her independence by Mexico, that she would never join herself to the United States. We may rejoice that the tranquil and pervading influence of the American principle of self-government was sufficient to defeat the purpos of British and French interference, and that the almost unanimous voice of the people of Texas lias given to that interference a peaceful and elTective rebuke. From this exanijde, European governments may learn how vain diplomatic arts and intrigues must ever prove upon this continent, against that system of self-government which sceim natural to our Foil, and which will forever resist foreign interference. Towards Texas, I do not doubt lhat a liberal and generous spirit will actuate Congress in all that concerns her interest and prosperity, and that she will never have cause to regret that she has united her 'lone star" to our glorious constellation. I regret to inform you that our relations with Mexico, since your last session, have not been of the amicable character which it is onr desire to cultivate with all foreign nations. On the sixth day of March last, the .Mexican envoy extraordinary and minister plenipotentiary to the United States made a formal protest, in the name of his government, against the joint resolntton passed by Congress, ft r the annexation of Texas to tho United States," which he chose lo regard as a violation of the rights of Mexico, and, in consequence of it, he demanded his passports. lie was informed that the government of the United States did not consider this joint resolution as a violation of any of the rights of Mexico, or that it afforded any just cause of offence to his government ; that the Republic of Texas was an independent power, owing no allegiance to Mexico, and constituting no part of her territory or rightful sovereignty and jurisdiction. He was also assured that it was the sincere desire of this government to maintain wtlh that of Mexico relations of peace and good understanding. That functionary, however, notwithstanding these representations and assurances, abruptly terminated his mission, and shortly afterwards left the country. Our envoy extraordinary and minister plenipotenliary to Mexico was refused all official intercourse with ihat government, and after remaining several months, by the permission of his own government, he returned to the Uniled State. Thu, by the acts of Mexico, all diplomatic intercoursa between the two countries was suspended.

Since that time Mexico baa, until recently, occupied an attitude of hostility towards the United States has been marshalling and organizing armies, issuing proclamations, and avowing the intention to make war on the United States, either by an open declaration, or by invading Texas. Both the Congress and Convention of the people of Texas invited this government to send an army into that territory, to protect and defend them against the menaced attack. The moment the terms ef annexation, oQered by the United States, were accepted by Texas, the latter became so far a part of our own country, as to make it our duty to afford such protection and defence. I there-! fire deemed it proper, as orecautionary measure, to order a strong squadron to the coast of Mexico, and , to concentrate an efficient military force on the west- j

ern Frontier or lex, uur army was oraereo to Ke poitiorjin the country between the Nueces and the Del Norte, and to repel any invasion of the Texan territory which might be attempted by the Mexican forces. Our squadron in the gulf was ordered to co-operate with the army. I'ut though our army and navy were placed in a position to defend our own, end the rights of Texas, they were ordered to commit no net of hostility againit Mexico, unless she declared war, or was herself the aggressor by striking the first blow. The result lias been, that Mexico has made no aggressive movement, and our military and naval commanders have executed their orders with such discretion, that the peace of the two republics ha' not been disturled. TexM had declared her Independence, ard maintained it by her aims for more than nine years. She has had an oreinized government in uccei ful opeiation darin; that pc riod. Her irparate existence a an independent State had been rerosrnired br the Unitt d State and Iii piinciral power cf Eurone. Trea'ies cf commerce nj oavi.ition had brcn concluded with her by d liferent Ditiur.s, and it h.ij became manifest to the whole world that any fuither attempts on the part of Vexico to conquer her, or ovrrthiow hei r vvernment, would be vain. Even Mexico hei self hid become satisfied of this fort ; and whilst the queetion of annexation was pending before the people of Texa,duiing the past ummer, the government of Mexico ty a formal gieement fcieed to tecoenize the Independence of TrX,on condition that he would not annex herself to any other power. The agreement to acknowledge the independence of Tex s, whether with or without l his condition, is conclusive against Mexico. The independence of Texas is a fact concedid by Mexico herelf, and ?he had no right or authority to ptesrrib restrictions as to the foim of government which Texas might afietwaids choose to assume. But though Mexico cannot complain of the United States on account of ti e annexation cf Texas, it is tobe regretted lhat seiious cauej of misunderstanding between the two countries continue to exist, crowing nut f the unredesscd injuiios inflicted by the Mexican authorities and peole on the pcrons and propel (.'i" citizens f the United States, through a Ion? etir3 cf years. Mexico has admitted these irjuiies, but has reflected and refused to repair them. Such was the character cf the wrongs and such the Insults repeatedly offeicd to Amcriren citizens and the American flag by Mexico, in palpable violation of ihe laws of nations and the treaty between the two countiiesof the 6th Apiil, 1 S3 1 . that they bve been repeatedly brought lo the notice of Confess by my prrderrgor. As early as the Slh of Februiry, 1S37, the President of the TJniied States declared, in a menace to Concress, that "the lenjth of time since some of the injuries had been committed, the repeated and unavailing application for redress, the wanton character of some of the outrages opon the persons and propeity of our citi2ens, upon the flkers and flig of the United States, ind -pendent of iccent iasults to this government and reoplc by the late Extraordinary Mexican Minister, would justify, in the eyes of all rations, immediate war." He did not, however, leeommcnd an immediate re-oit to this extreme measure, which he declared "should not be urged by just and penerous nations, confiding in their strength, for injuries committed, if it can be honorably avoided but, in a spirit of forbearance, proposed that another demand be made on Mexico Tor that rcdiess which bad been so h-ng and unjustly withheld. In these view, committees of the two Houses of Concress, in reports made in their respective bodies, concuncd. Since these proceedings more than eight years have elapsed, rtuting which, iu addition to the wrongs then com-plr-lncd. r f, others of an arravated character have been committed cn the persons and propeity of our citizens. A special agent was sent to Mexico in the summer of 1S3S, with full authoiity to make another and final demand for redress. The demand was mn! the Mexican government promised to repair Ihe wrongs of which We complained t and after much delay, a treaty of indemnity with that view was concluded between the two Powers on the lllh Aptil, 1339, and was duly ratified by both governments. By this treaty a joint commission was created to adjudicate and decide on the claims of the American citizens on the eovernment of Mexico. The cooimUsion was organized at Washington on the 25th day of August, 1S40. Their ti.Tte was limited to eighteen months, at the expiration of whit h, 'hey had adjudicated ard decided claims amounting to 2,C2,133 63 in favor of citizens of ti e United State ngainst the Mexican government, leaving a large amount of claims undecided. Of the latter, the American commissioner bad decided in favor of our citizens, claims amounting to 92.C27 S8, which were left unacted on by the umpire authorized by the tieaty. Still Curther claims, amounting to l etweeft -thiee and four millions of dollars, were submitted to the board to late to l e considered, and were left undisposed of. The Slim of $2,026,139 6S decided by the board, was a liquidated and ascertained lebt due by Mexico to the claimants, and theie was no justifiable leason for delaying its payment according fo the leim of the treaty. It was not, however, paid. Mexico applied for further iuduleence and, in that spirit of liberality and forbearance which has ever mnrVed the policy of the United States towards that republic, the request was granted; and, on the 30, h January, 1S43. a new treaty was concluded. By this treaty it wa provided, that the interest due on the awaids in favor of chimants under the convention of the 1 Ith cf April, 1S39, should be pid on the 30th of April, 1S43; and that -'the principal of said awards, and the interest aiising thereon, hall be paid in five years, in equal instalments every three months: the said term of five years to commence on Ihe 30th diy of Apiil, 1S13. as aforesaid." The interest due on the 30th day of Apiil, 1S43, and the thiee first of thctwrnly instalments, have been paid. Seventeen of these instalments remain unpaid, seven uf which are now due. The claims which were left undecided by the joint commission, amounting to more than three millions of dollars, together with other claims for spoliations on the property of our citizens, were subsequently presented to the Mexican povernment for payment, and were so far recognised, that a treaty, providing for their examination and settlement by a joint commission, was concluded and signed at Mexico on the twentieth day of November, 1843. This treaty was ratified by the United States, with certain amendments, to which no just exception could have been taken ; but it has not yet received the ratification of the Mexican rovernmenf. In the meantime, our citizens who suffered great looses, and some of whom have been reduced from affluence to bankruptcy , are without remedy, unless their rights be enforced by their government. Such a continued and unprovoked series of wrongs, could never have been tolerated bv the United States, had they been committed by one of the principal nations or Jiurope. Mexico was, however, a neighboring eister republic, which, following our example, had achieved her independence, and for whose success and prosperity all our sympathies were early enlisted.. The United States were liie first to recognise her independence, and to receive her into tho family of nations, and have ever been desirous of cultivating with her a good understanding. We have, therefore, borne the repeated wrongs she has committed, with preat patience, in the hope that a returning sense of justice would ultimately guide her councils, and that we mijht, if possible, honorably avoid any hostile collision with her. "W'.thout .the previous authority of Congress, the Executive possessed no power to adopt or enforce ad equate remedies for the injuries we had suffered, or to do more than be prepared to repel the threatened aggression on the part of Mexico. After our army and navy had remained on the frontier and coasts of Mexico fjr many weeks, without any hostile movement on her part, though her menaces were continued, I deemed it important to put an end. if possible, to this state of things. With this view, I caused step3 to be taken, in the month of September last, to ascertain distinctly, and in an authentic form, what the designs of the Mexican Government were; whether it was their intention to declare war, or invade Texas, or whether they were disposed to adjust and settle, in an amicable manner, the pending difference between the two countries. On the ninth of November an official answer was received, that the Mexican Government consented to renew the diplomatic relations which find been suspended in March last, and for that purpose were willing to accredit a minister from the United States. With a sincere desire to preserve peace, and restore relations of good understanding between the two republics, I waived all ceremony as to the manner of renewing diplomatic intercourse between them ; and, assuming the initiative, on the tenth of November, a distinguished citizen of Louisiana was appointed Envoy Extraordinary and Minister Plenipotentiary to Mexico, clothed w ith full powers to adjust, and definitely settle, all pending differences between the two countries, including thoe of boundary between Mexico and the State of Texas. The minister appointed has set out cn his mission, and is probably by this time near tho Mexican capital. lie has been instructed to bring the negotiation with which he is charged to a conclusion at the earliest practical period; which, it is expected,' will be in time o enable me to communicate the result to Ccngres during the present session.1 Until that result is known, I forbear to recommend to Congress euch ulterior measures of redress for the wrongs and injuries we have so long borne, as it wuld have been proper

to make, had no euch negotiation been instituted. j British government, and the rejection of the propoeiCongress appropriated at the last session, the sum tioö made in deference alone to what bad been done of two hundred and seventy-five thousand dollars for by my predecessors, and the implied obligation which the payment cf the April and July instalments of the their acts aeemed to impose, afford satisfactory eviM ex ican indemnities fur the year 1S41: "Provided it dence that no compromise which the. United State shall be ascertained to the satisfaction of the Ameri- 1 one-ht to aceett. can be effected. With this con vi r-

can government that said instalments have been paid by the Mexican government, to the agent appointed by the United States to receive the same, in such manner as to discharge all claim on the Mexican government, and said agent to be delinquent in remitting the money to the United States." Ihe unsettled state of our relations with Mexico ha involved this subject with much mystery. The first j tnlormation, in an authentic form, Irom the agent of j the United States, appointed under the administration j of my predecessor, wm received at the State Departme nt Oil the ninth of November last. This ts contaiired in a letter, dated the seventeenth of October, ad dressed by him to one of our citizens then in Mexico, with the view of having it communicated to that department. From this it appears that the agent, on the twcutielh cf September, 1S44, gave a receipt to the treasury of Mexico for the amount of the April and July instalments of tho indemnity. In the same communication, however, he asserts that he had not received a single dollar, in cash ; but that he holds such securities as warranted him at the time in giving the receipt, and entertains no doubt but that he will eventually obtain the money. As these instalments appear never to have been actually paid by the government of Mexico to the agent, and as that government has not therefore been released so as to discharge the claim, I do not feel myself warranted in directing pay- j mcnt to be made to the claimants out of the treasury,' without further legislation. Their case is, undoubtedly, one of much hardship ; and it remains for Congress to decide whether any, and what, relief Ought to fcc granted to them. Our minister to Mexico has been instructed to ascertain the facts of the case from the Mexican government, in an authentic and offcial form, and report the result w ith as little delay as possible. My attention was early directed to the negotiation which, on the fourth of March last, I found pending at Washington between the United States and Great Britain, on the subject of the Oregon territory. Three several attempts had been previously made to settle the questions in dispute between the two countries, by negotiation, upon the principle of compromise; but each had proved unsuccessful. These negotiations took place at London, in the years 1813, and 1826; the two first under the ad ministration of Mr. M mroe, and the last under that of Mr. Adams. The negotiation of 1S13 having failed to accomplish its object, resulted in the convention of the iiOth of October of that year. By the third arti cle of that convention, it was "agreed, that any country that may be claimed by either party on the northwest coast of America, w estward of the Stony mountains, shall, together with its harbours,bays,and creeks, and the navigation of all rivers within the nie, be free and open for the term of ten years from the date of the signature cf the present convention, to the vessels, citizens, and subjects of the two Towers; it being well understood that this agreement is not to be con strued to the prejudice of any claim which either of the two high contracting parties may have to any part of the said country, nor shall it be taken to affect the claims of any other Tower or State to any part of the said country ; the only object of the high contracting parties in that respect being to prevent disputes and dilTercnces among themselves." The negotiation of 132 1 was productive of no result, and the convention of 1813 was left unchanged. The negotiation of 182G, having also failed to effecan adjustment by compromise, resulted in the cont vention of August the sixth, 1827, by which it was ogreed to continue in force, fur an indefinite period, the provision of the third article of the convention cf the twentie th of October, 1618; and it was further provi ded, that "it shall be competent, however, to either of the contracting parties, in case either should think fit, at any time after the twentieth of October, 1823, on giving due notice of twelve months to the other contracting party, to annul and abrogate this convention; and it shall, in such case, be accordingly entirely annulled and abrogated aflcr the expiration of the said term of notice." In these attempts to adjust the controversy, the parallel of the forty-ninth degree of north latitude had been offered by the United States to Great Britain, and in those of 1319 aud 182G, with a further concession of the free navigation of the Columbia river south of that latitude. The parallel of the fortyninth degree, from the Rocky mountains to its inter section with the northeastern most branch of the Co lumbia, and thence down the channel of that river to the sea, had been olTered by Great Britain, with an addition of a small detached territory north of the Columbia. Both of these propositions had been re jected by the parties respectively. In October, 134:1, the Envoy Extraordinary and Minister Plenipotentiary of the United States in London was authorized to make a similar offer to those made in 1813 and 182G. Thus stood the question, when the negotiation was shortly afterwards transferred to Washington ; and, on the 23d of Augast, 1844, was formally opened, rnder the direction of my immediate predecessor. Like all the previous negotiations, it was based upon the principles of " compromise ; " and the avowed purpose of the parties was, 41 to treat of the respective claims of the two parties to the Oregon country, with the view to establish a permanent boundary between them westward of the Rocky mountains to the Pacific ocean." Accordingly, on the twenty-sixth of August, 1944, the British Plenipotentiary offered to divide the Oregon territory by the 49th parallel of north latitude, from the Iiocky mountains to the point of its intersection with the northeastermost branch of the Columbia river, and thence down that river to the sea ; leaving the free navigation of the river to be enjoyed in common by both parties the country south of this line to belong to the United States, and that north of it to Great Britain. At the same time, he proposed, in addition, to yield to the United States a detached territory north of the Columbia, extending along the Facific and the Straits of Fuca, from Bulfinche's harbor inclusive to Hood's canal, and to make free to the United States any port or ports south of latitude 49 degrees, which they might desire, either on the main land, or on Quadra and Vancouver's island. With the exception of the free ports, this is the same offer which had been made by the British, and rejected by the American government in the negotiation of 1806. This proposition was properly rejected by the American plenipotentiary on the day it was submitted. This was the only proposition of compromise offered by the British plenipotentiary. The proposition on the part of Great Britain having been rejected, the British plenipotentiary requested that a proposal should be made by the United States for an " equitable adjustment of the question." ' When 1 came into office, I found this to be the state of the negotiation. Though entertaining the settled conviction, that the British pretensions of title could not be maintained to any portion of the Oregon territory upon any principle or public law recongnized by nations, yet in deference of what had been done by my predecessors, and especially in consideration that proposition of compromise had been thrice made by two preceding administrations, to adjust the question on the parallel of 49 degrees, and in two of them yielding to Great Britain the free navigation of the Columbia, and that the pending negotiation had been commenced on the basis of compromise, I deemed it to be my duty not abruptly to break it off. In consideration, too, that under the conventions of 1818 and 1S27, the citizens and sul jects of the two Towers held a joint occupancy of the country, I was induced to make another effort to ßcttlethis long-pending controversy in the spirit of moderation which had given birth to the renewed discussion. A proposition was accordingly made, which was rejected by the British plenipotentiary, who without submitting any other proposition, suffered the negotiation on Iiis part to drop.'expressing hia trnst that the U. States would offer what he saw fit to call "some further proposal for the settlement of the Oregon question, more' consistent with fairness and equity, and with tiio reasonable expectations of the British government." The proposition thus offered and rejected repeated the parallel of 49 degrees of north latitude, which had been made by two preceding administrations, but without proposing to surrender to Great Britain, as they had done, the free navigation of the Columbia river. The right of any foreign Power to the free navigation of our rivers, through the heart ot our country, was one which I was unwilling to concede. " It also embraced a provision to make free to Great Britain any port or ports on the cape of Quadra and Vancouver's island, south of this parallel. Nad this been a new question, coming under discussion for the first time, this proposition would not have been made. The extraordinary .and wholly inadmissible demands of the

tion, the proposition of compromise which had been made and rejected, was, by my direction, subsequently withdrawn, and our title to the whole Oregon territory asserted, and, as is believed, maintained by irrefragable facts and arguments. The civilized world will see in these proceedings a spirit of liberal concession on the part of the United

States ; and this Government will be relieved from all responsibility which may follow the failure to settle the controversy. All attempts at compromise havin" failed, it be comes the duty of Congress to consider what measures it mav be proper to adopt for the securitv and protec tion of our citizens now inhabiting, or who may hereafter ihhabft Oregon, and for the maintenance of our just title to that territory. In adopting measures for this purpose. Care should be taken lhat nothing be done to violate the stipulations of the Convention of 1527, which is stiil in force. The faith cf treaties, in their letter and spirit, has ever been, and I trust, will ever be, scrupulously observed by the United Stetes. Under that Convention, a year's notice is required to be given by either party to the other, before the joint occupancy can terminate, and befre either can rightfully assert or exercise exclusive jurisdiction over any portion of the territory. This notice, it would, in my judgment, be proper to give; and I recommend that provision hs made by law for giving it accordingly, and terminating, in this manner, the convention of the sixth of August, 1827. It will becoir.c proper for Congress to determine what legislation they can, in the meantime, adopt without violating this convention. Beyond all question. the protection cf our laws and our jurisdiction, civil and criminal ought to be immediately extended over our citizens in Oregon. They had just cause to complain of our long neglect in this particular, and have in consequence, been compelled, for their own security and protection, to establish a provisional government for themselves. StrcDg in their allegiance and ardent in their attachment to the United States, they hate been thus cast upon their own resources. They are anxious that our laws should be extended over them, and I recommend that this be done by Congress with as little delay as pcsble, in the full extent to which the British Parliament have proceeded in regard to the subjects in that territory, by their Act cf July second, 1S21, for regulating the fur-trade, arid establishing a criminal and civil jurisdiction within certain parts of North America." By this act Great Britain extended her laws and jurisdiction, civil and criminal, over her subjects, engaged in the fur-trade in that territory. Ey it, the courts of the province of Upper Canada were empowered to take cognizance of causes civil and criminal. Justices of the peace and other Judicial off.cers w ere authorized to be appointed in Oregon, with power to execute all process issuing from the courts of that province, and to " sit and hold courts of record for the trial of criminal offences and misdemeanors," not made the subject of capital punishment, und also of civil cases, where the cause of action shall not "exceed in value the amount or sum of two hundred pounds." Subsequent to the date of this act of Parliament, a grant was made from the British crown " to the Hudson's Epy Company, of the exclusive trade with the Indinn tribes in the Oregon territory, subject to a reservation that it shall not operate to "the exclusion " of the subjects of any foreign State who, under or by force of any convention for the time being, between us and such foreign States respectively, may be entitled to, and shall be engaged in, the said trade." It is much to be regretted, that, while under this act British subjects have enjoyed the protection of British laws and Eritish judicial tribunals throughout the whole of Oregon, Arrerican citizens, in the same territory, have enjoyed so much protection fiom their Government. "At the same time, the result illustrates the character of our people and their institutions. In spite of this neglect, they have multiplied, snd their number is rapidly increasing in that territory. They have made no appeal to arms, but have peacefully fortified themselves in their new homes, by the adoption of republican institutions for themselves ; furnishing another example of the truth that self-government is inherent in the American people and must prevail. It is due to them that they should be embraced and protected by our laws. It is deemed important that our laws regulating trade and intercourse with the Indian tribes cast of the Rocky Mountains, should be extended to such tribes as dwell beyond them. The increasing emigration to Oregon, and the care and protection which ia due from tlie government to its citizens in that distant region, make it our duty, as it is our interest, to cultivate amicable relations with the Indian tribes of that territory. For this purpose, I recommend lhat provision be made fur establishing an Indian agency, and such sub-sgencies as may be necessary, beyond the Rocky mountains. For the protection of emigrants whilst on their way to Oregon, against the attacks of the Indian tribes occupying the country through which they pass, 1 recommend that a suitable number of stockades and block-house forts be erected along the usual route between our frontier settlements on the Missouri and the flock y mountains; and that an adequate force of mounted riflemen he raised to guard and protect them on their journey. The immediate adoption of these recommendations by Congress will not violate the provisions of the existing treaty. It will be deing nothing moro for American citizens than British laws have long since done for British subjects in the same territory. It requires several months to perform the voyage by sea from the Atlantic States to Oregon; end although we have a large number of whale ships in the Pacific, but few of them afford an opportunity of interchanging intelligence, without great delay, between our settlements in that distant region and the United States. An overland mail is believed to be entirely practicable; and the importance of establishing such a mail, at least once a month, is submitted to the favorable consideration of Congress. It is submitted to the wisdom of Congress to determine whether, at their present session, and until the expiration of the year's notice, any other measure may be adopted, consistently with the convention of 1S27, for the security of our rights, and the government and protection of our citizens in Oregon. That it will ultimately be wise and proper to make liberal grants of land to the patriotic pioneers, who, amidst privations and dangers, lead the way, through savage tribes inhabiting the vast wilderness intervening between our frontier settlements and Oregon, and who cultivate, and are ever ready to defend the soil, I am fully satisfied. To doubt whether they will obtain such grants as soon as the convention between the United Statesand Great Britain shall have censed to exist, would be to doubt the justice cf Congress; but pending the year's notice, it is worthy of consideration whether a stipulation to this effect may be made, consistently with the spirit ef that convention. The recommendations which I have made, as to the best manner of securing our rights in Oregon, are submitted to Congress with great deference. Should they, in their wisdom, devise any other mode better calculated to accomplish the same object, it shall meet with my hearty concurrence. At the end of the year's notice, should Congress think it proper to make provisions forgiving that notice, we shall have reached a period when the national rights in Oregon must either b abandoned or firmly maintained. That they cannot be abandoned without a sacrifice of both national honor and interest, is too clear to admit of doubt. Oregon is a part of the North American continent, to which it is confidently affirmed, the title of the Uniied States is the best now in existence. For the grounds on which that title rests, I refer you to the correspondence of the late and paesent Secretary of State with the British plenipotentiary during the negotiation. The British proposition of compromise, which would make the Columbia tha line south of fotty-nine degrees, with trifling addition of detached territory to the United States, north of that river, and would leave on the British side twothirds of the whole Oregon territory, including the free navigation of the Columbia and all the valuable harbors on the Pacific, ran never, for a moment, be entertained by the United Stales, without an abandonment of their just and clear territorial rights, their own self-rc spict, and the national honor. For the information of Congress, I communicate herewith the correspondence which took place between the two governments during the late negotiation. The rapid extension cf our settlements oer our territory heretofore unoccupied, the addition of new States to our confederacy, the expansion of free principles, and oar rising greatness is a nation, are attracting the attention of the powers of Europe; and la'ely the doctrine has been broached in some of them, of a "balance of power" on this continent, to check our advancement The United States, sincerely desirous of preserving re W tion a cf good understanding with all nations, cannot in silence permit any European interference on (he North Americsn continent; and ahoald any such interference be attempted, will be ready lo resist it at any and at !l hazards. It is well known to the American people, and to all Rations, that this government has never interfered with the relations subsisting between elber governments. VV have never made ourselves parties to their wars or their alliance; we have not aooght their territories bv conquest;