Indiana State Sentinel, Volume 6, Number 24, Indianapolis, Marion County, 3 December 1846 — Page 4
German-. ) Tlie Washington Union Las an intelligent correaooudsnt at Frankforton-the-Maine. from whose let
ter we gather much useful information of the present condition of Germany. Mot of the intelligence from the Continent, as ihe St. Loub Union observes, reaches us through English journal, and comes colored with British ideas, prejudices and intcrce-H. It id important to a correct understand! n of affair on the continent, that ome other than a BntUIi wree should to looked to. It is natural enough that we should look to British papers aa they are printed in cur own language, fur must European new?, but we seldom make due allowance fur British prejudices. If we wish, however, to be accurately informed of continental afiuiiry, we m.it depenj on lcs prejudiced mind for the truth. At t!ic present time great events arc ia progress, and in no portion of Europe Is mure activity manifested i!ian in the German states. That ancicut scat of philosophy and letters, distinguished, too, for the stirring part it ha performed in the history of the last four centuries, on the battle field, at well as in the closet and laboratory, is making rapid advances in civil liberty Ery rapid, that the severest means in the power of Government to employ, arc brought into requisition to retard a movement which tuut result, finally, in the cstablisment of a new order of tiling. The conflict is yet peaceful a struggle of intellect, seeking to arouse the misses to a full appreciation of their rights a men, so that tliey may insist upon and obtain their true position in the administration of public affair. The progress of this struggle is of deep interest to all who look carefully at the march if human improvement, and feel an interest in tha promised triumphs of liberal principles in the heart of Europe. The corre8,ondmt of thu Washington Union says : 44 The Aosuian cabinet has recently addrscd a circular to all the German Governments up n the condition of the newspaper press. It t. ndt-ney i c nsideicd dangerous to the tranquillity and wcll-bcirg of crowned headland the tightening and stiengthcr.ing of the muzzle, whUh has lein placed upon it by tbe Dirt, ia mol devoutly wished f ir. The Bremen journals aie those to which nvwt exception is taken, Bot only by Austria but by Pius'ta. The Weser Gazette," while it has Derer descended to anything like licentiousness, nevertheless expresses itself forcibly an I freely on all prominent questions, for which reason thr kin of Prussia has oidered its circulation to be discontinued in hi realm This policy will be found an entirely mistaken one, far truth and li;;ht cannot be fettered with any chains that they will net ia due time burst asunder. The fiiends of the prohibited journal will always seek some method by which they will procure it regularly. The censorship of the picss i an entire mistake in the states of the confederation and the sooner it is abolished, the better it will be for the different sovereignties interested. In an'ago like tbi, when a spirit of inquiry is co-extensive with civilization, its purpose arc not attainable. The American, Endlich aud French paper publish what they please, of course holding; themclve responsible for the consequences, a fact known to every intelligent German; and the circumstance of this liberty being withheld from the German pipets occasions mure dicont nt with their rulers, than if the outrages committed from lime to time by them were exposed to the public eye. Moreorcr, the press is permitted to animadrert freely upon American and English atfaiis, and the question is eofctinu illy pie-ent-ing itself to the reader, why is it that Geiman affjiij art not Ihu freely commented upon. The Berlin paper may say that 'the United States is (he most unprincipled and rapacious cation on earth,' as they hare sail with impunity j bat they dare not say Frederick William IV. promised a constitution several years ago to Piussia, and has failed to carry bis promise into execution. The dullest mind is not stow in '" peiceiving that this is not only strange but unjust; and hence suspicions are awakened, which eventuate in a positive dislike to the constituted authorities. But as I intend to devote hereafter a let ei exclusively to this subject, I will dispense with it at present. . M The potato plague, which has caused the rood of 4,000,000 of the Iiish people to perish, has also been most blighting to the hopes of tbe peasantry on the continent -lu sme districts of Germany which I have visited, whole fields have been utterly destioyed ; added to which, in every direction around this place, the grain crops are wofdlly deficient. The yield in the central stales of Germany is not more th in threeeighths of an average one, and all eye are tuined to out country, U its abundant surplus, for tbe means of sustaining humanity under such afflicting dispensation. Large ordcis have been vent oat for breadstuff, and the.r will be followed by others. Wuttemberg aud Baden, actuated by a desire to see their subjects liberally provided for, although members of the Zoll-Verein have issued ordinances fr the fie admi i03 of foreign grain until the 1st of May; thus practically carrying oat the principle commenced iu Great Biitain and voder whose benign influence our most iemte wilderness will ultimately blossom as the rose. of 'tot al and immediate repeal. In France, the subject most di-used, uext to he Montpensier marriage, U that of fiee trade. It is aJrocated with irreat ability by the Debits, the Epoque, and the Cour- - rier "rancais. Upon the meeting of the Chambers, it is . confidently expected that efficient demonstrations will be - made for aa immediate change ia the commercial policy of the kingdom. "The Debats states that a mlnisteilal despatch, which reached Cheibour on the 19th inst., commanded that the steamships Ulloa and Darien.of 430 horse power each, should be immediately prepared for sea, in oider to constitute a packet-seivice between New York and Cherbourg. This is rnwt unexpected news, and it contributes to strengthen the opinion which I expressed in a former letter, that at no -!israjt peii-jd steamships would leave New Yuri daily for - T.uiopejo ports. Cherbourg is the only g unl channel poit of France. Indeed, no other can be at all times entered by steamers, although its business is quite inconsiderable and its population small. It is about five hours' run by steim from ' ,the Ile of VN ight, and is to connect with Tans by railway. As the spell of the entente cordiale bis been broken, it is apparent to my mind that Louis Thilippe will avail himself of every means st bis bestowal to multiply his mail and commercial intercourse with the United States, and to regiin that elevated posituo in their esteem which, during the last two yens, be his so inconsiderately in no small decree forfeited. fAs a crumb of comfort to the iron intciest in Pennsylvania and elsewhere, which great pains have been taken to create ' an impression that the late tariff act ba e flee tu a ly prot:a'led, I deem it but just to make aft extract from a report ..lecently made upoo the iron trade, by G. IL Totter, E-q , of the board of ttade, and president of the statistical department of tbe Biitith Association for Ihe advancement of Science. After enumerating the causes which have occasioned such a tC5nlt as a decrease cf manufictuie, be says, The produce in England and Wate, in IS4, is less thin it was in 1S40! How tbe enormous demand existing, ai d U arie from carrying out the railway schemes already sanc- ' tinned, is to te met, it would Le difficult t say. Tbe laying down of the lines, and providing them with the needful stock of carnages, &c, would absorb all the iion which it is reasonable to expect will be made iu Great Biitain duiing the next three years; and it affards no satisfactory solution of this difficulty, to say that the quantity required will only be called for progressively, and that the demaud will be spread over the same three years. To reader this service cOVciive, we should be assured that no further p;njccts will be tanctioned during the time spent in their const motion an assurance f ,t wl.ich we can hardly look. And even then, we . should be left without a ton of iron applicable to the thousand other purposes for which this metal is so iu.1ispensah, for iron road, iron houses, fic-pioof building, sailing ships, and steam vessels. I will add, that Mr. Torter had the reputation of being one of the most accurate slaticiar.s in the United Kingdom. And now, by the way of concludirg this rpistle,! will observe that the railways authorized by loyal assent, at the recent 'session of Parliament, will requite for their construction a capital of tio less than JL'I45,S32 403 With powers ia borrow 25,4 11, OS I - Authorized at the last session, 53,000,000 la addition to this, capital investtd in Germany, France, i.e., in railroads not completed, 35,000.000 For the construction of railways in India, 15,000,000 Total (la roond nomhrsj " X'27O.O00.00O Thas making the enormous sum of thiiteen hundied and fifty rüillions of dollars that Great Britain will have to raise , -daring the next fiveyeais for railroads amounting lo two hundred and seventy millions dollars annually ! Ax Example wortht or imitatiox. Hugh M. Breckenridge, of Pittsburgh, (well known in the literature 6f the United States,) n a whig. lie was opposed (saya the Westchester Republican) to the annexation of Tex a?, because he believed it would load to a war; but Texas being annexed, ho is not one of those who are disposed utterly to disregard the rights of their own coUrftfyj as involved in the war now waging." The following U an extract from a letter be has addressed to the public under Lis own name: 44 1 feel for the honor of ray country, and hope for the success of her arras ! As respects Mexico, I consider our course just ; Texas had a right to annex lierclf. Mexico hm insolently refused overtures of peace. Ilavinj got into diUiculty, in consequence of annexation, I do not sec how a war was to be avoided by tbe administration, without a surrender of certain poiuU which it could not surrender. It was bound to claim the Rio Grande aa the line; and being at war, . the amount due for spoliations by Mexico must be : ecured by sutstrariun vf California or other territory, and indemnity must be obtained fur the expenses of war." Judge Dreckenridga nny be a whig, but he doca not belong to the 44 Mexican party." ' Ve FixtD that CitAr.- A few d.ty ago, a penllemvi (?) came into oar sanctum and toolr off his hat, and picked up a piece of manuscript and commenced reading very cljly. We reached over and took a letter out of his hat, unfolded and commenced reading it. He waa so busy that he did not discover how we were paying him in his own coin, until we asked what it Was h'i Correspondent ws writing to him . about a woman ! 44 W hy, 1 ok here, equire," says he, 44 you surely art? not reading my private letters 1 " 44 Certainly, air," said we, 44 you are reading our private manuieript." He was plagued, begged us not to mention his name, pr,rnU?J to do so no more, and we quit even. .
I1Y Al'TIIOIUTr.
i v Treaties nf the Ticenl'f-Xinlh Conprers of the V. S. JlatißfA t tlie fir it timmrrtdnj Vtrrmirr , IP45. Jamki K. Pil , I rrsnleiil ; Csoaoa M. Dallas, Vice fmldcnt ; Joh V. Datii, fpeakerof I lie Drais of BrHeaeuLitivea. Contention with tit Grand Duchy nf Jfeue Catttl for the ehol it ion of the droit Taubaine and of taxes on emigration. Concluded March S6. 1844. 17 the Frttident ft the United S.'attt f America : A Proclamation. i Whereas a Convention between t!ie Uni'ed States of Amnic and Iii Royal Iliiliness Ihe fit and Duke (f Hesse was ; cuucludcd aud ind y Ihi-ir rieni)otentiaries, at Deilin, on the twentyixth day of Match, one thousand eiht ! hundred aid for'y-fosr, which Convention, beii jt ia the Fiench and KnglUh languages, is word for word, as "follows: Convention for the mutual :Vilidun of the droit d'aulxiine and taxes on emigration I ctween Iii United States cf America and the Grand loihjf of llee. The United Slates of America on the o e part, ana His Royal tlighnes the Rraad Duke of Hese, on the other part, being eq'ially de-irous f removing the icktiictions which exit in their tenltories upon the arqui.ition and transfer of property by lh-ir repective citizen and suljects, have agreed to enter into neftialinD for this purpose. For tbe attainment ot this dcsLable ot j.-ct, the President of the Uni'ed Slates of America has conferred full powers in llcnty beston, their I Envoy Kxtiaordinary and Miniter Plenipjtentiaiy it the'Conrt of His Majesty Ihe King of PiuMa,and Lis Royal Uihnes the Grai d Duke of Hesse npon Baron -'hacncr-Oeiasteiq his Chambcilain, Colonel, Aid rc-carrip, and Minister Resident near His Majesty the King of Pru.la, who, afer haxin exchanged their sail full powers, found in doe and proper form, have agreed to tbe fallowing aitirlcsi Abt:cle I. . Eveiy kind of droit d'auhainej droit de retraite, and diuit de dftiaction, or lax on emigration, is hereby, and fhall remain abolished, between the two contiacting patties, their States, citinens, and subjects, respectively. AKTicte II- Where, on Ihe death f any person holding real property within the territories of one arty, such real proper'yt would, by the laws of Ihe land, descend on a sub-ji-c or citizens of the other, were he not disqualified by !iennr, such eitlz- n or sutjeet shall be aTlowed a term of two jcais to sell the same which term may be reasonably prolonged according to eiicumstances and to withdraw the proceeds thereof, without molestation, and exempt from all duties of detraction on 'the part of the Uoernmcnt of the respective States. Article III. The citizens or subjects of tarh of the contracting parties shall have power to di-posc of their personal i roperiy wit) in the States of the other, by testament, d "nation, or"othcrwie; and their heir, being citizens or subjects of the other contracting jaity, shall succeed to their said personal proper tr, whether by testament or ab intestate, and may take po-srssimi theieof, either by themselves or by otheis acting f i them, anl dispose of the same at their ptcaure, payin; such duties only as the inhabitants of Ihe cmintiy where the said ptoj-eity lies shall be liable to pay in I ke caes. AancLF. IV. In case of the absence of the heirs, the same care sit II be taken, pioviional!y, of such teal or personal property as would be taken in a like case of property belonging to the natives of the conntiy, until the lawful owner, or the person who has a liht to sell the same, accoiding to Sittcle second, may take meauici to iccieve or dispose of the inheiitance. AfcTictE V. If arty di'pnte should aiUe between different claimants to the same iuheiitai.ee, they shall be decided, in the IjsI resort, according to the laws and by the judges of the countiy where the pioperty is situated. Akticle VI. This Convention shall be ratified by the PieMdent of the United States of America, by and with the advice and consent of their Senate, and by His Royal Highness the Grand Duke of Hesse, and the ratifications shall be exchanged at Beilui, within the term of six months fiom the date of the signature horeof, or sooner if possible. In faith of hieb, the tespective Plcnipiiteiitiaries have signed the above articles, both in French and English, and have thereto affixed their seal-'; dcclaiing, neveitlieless, that the signing in b.ith languages shall not heieafter be cited as a precedent, nor sit any way operate to the piejudice of tbe contracting parties. Done in q-iadi u;licta, in the city of Berlin, on the twenty, sixth day of March, in Ihe year of our Loid one thousand eijfht bandied snd forty-four, and the sixty-eighth of the todependeoce of tlie United Slates of Ameiica. XlAKOIt tB ScHAEVrEK-BCKirSTEIir, l. s. Iltyar Vheato5, l. s And whereas the said Convention has been duly ratified on both pails, anj the respective ratifications of the same having been exchanged, ti-wii i atBeilio, on tbe tixteenlh day of October, ooe thousand fijht bundrvd and foity-fom, by Theodore S. Fay, Charge d'Alfaires ad interim of the United States, and Biron de Schaeffet-Bernstein, Ch imberlain, Colonel, A id-de-Camp, and Minister Ite'ident of His Royal Highness the datij Duke of llese nolr ihe Ccurt cf Iiis Muj -aly the King uf Piusia,ou the part of their respective Government t Now,THEarf JBE, BE IT K50WJ,thst I, JAMBS K. TOLK, President of the United States of Ametica, have caused the said Convention to be made public, to the end that the same, and every claoe and article thereof may be observed and fulfilled with good faith, bj the United Slates and the citizens thereof. I wiritcss wiirator, I have hereuntd set rhy hand, and caused the seal of the United States to be affixed. Done at the City of Washington, this eighth day of May, ia the year of our Loid one thousand eight hundied seal and fottr-five, and of the Independence of the Uiiueu oiaies me Mxiy-uiuin. By the President: JAMES K. TOLK. James Bucharas, Stcretary of State. Trtaty xtith Belgium, of C-mmerce and Ntcigallon, Concluded Kovemhcr lu, 1815. By the Pi csident if the United States of America r A Proclamation. Whereas, a treaty of Com-neicc and navigation, between Ihe United States of America and his Majesty the King of the Belgians, was conrluicd and signed at Biu-sel, on the ten'h day of Novetnöer, enc thousand eight hunJied and fnty-livc, whic h treaty, bring in the English and French languages, U, woid fir word, as follows t Treaty of commerce and navigation between tlm United States of America and his .Majeaiy the King nf the llelgiaii. The Unittd States of America on the one pait, and his Majesty the King of the Belgians on the other pait, wishing to regulate in a foim.il manner their reciprocal relations of commerce and navigation, and fuither to tiengthen, through the development of their interests icspcctively, the bonds of fiicRdship aud go d understanding si happily cstabli-hcd between the governments and eople of the two countiics ; and dealing, with this view, to conclude, by common agreement, a treaty establishing coi ditions equally advantageous to the commeice and oavigitioii of both states, have, to that effect, appointed as iheir picnipoteutiaiies, namely i the President of the United States, Thomas G. Clemson, chaige d'airaires of the United States of America to his Majesty the King nf the Belgian j and bis Majes'y the King of Ihe Belgians, M. Adolphe Dechamps, i fficer of the Older of Leopold, knight of the Order of tlie B.ed F.agie of the first class, grand cross of the order of St Mlchil of Divajn.lu njinistcr for fuiein atriirs, a mcmlier of the Clianroer of Hepre-enlant, ho, afu r having commui.icalid to each other their full poWei, ascrrtamed lobeiagiod and proper form, hare agreed and conclud.-d the f illuwiiig aiticles i Article I. There -liall be full and entire freed m of com merce ahl naigation between the inhabitants of Ihe two countries; and the same secuiity and protection which is enjoyed by the citizens or subjects of each country, shall be guarantied on bulb siJe. The said inhabitants, whether estjblihrd or temporality residing within any ports; cities, or places whatever, uf the. two countries, shall not, on account of their commerce or industry, pay any other or higher duties, taxes, or imposts, than those which shall be levied on citizens or suvjects of the country in which they may be; and the pi ivileges, immunities, and other favots, with regaid to commaicc vr industry, ei-j -yad by tha altiVt-na or utjrt nf one of the two States, ball be commou to those of tbe other. AencLE II. Belgian vcsels, whether coming from a Belgim or a foreign pott, shall not pay, either on entering or leaving the poits of the United States, whatever may be their destination, any other or higher duties of tonnage, pil jtage, anchorage, buoys, light-houses, clearance, brokerage, or generally Other' charges Whatsoever, than aire required from vessels of the United States in similar cases. This provi ion extenJs, not only to duties levied f r the benefit of the state, hut ilo to those levied for tbe benefit of provinces, citie, countries districts, townships, corporations, Or any other division or jurisdiction, whatever ma be Its designation. Article III. Reciprocally, vessels of the United States, whethei coming from a poit of iah States, or from a foreign put, shall not pay, either on entciing or leaving the ports ef Belgium, whatever may be their destination, aoy other or higher duties of tonnage, pilotage, auchorage, buoys, lighthoues, cleaiance, brokerage, or generally other charges whatever, than are required fiom Belgian vessel in simitar cases. This provision extends, not on;y to duties levied for the benefit of the state, but also to those levied for the benefit of provinces, cities, countries, diiti icts, township, corporations, or any other division or jurisdiction, whatever may be its designation. ' ' - Articlk IV. Tbe restitution -by Belgium of the duty levied by the Government of the Netherlands on the navigation of the Scheldt, ia virtue of the third paiagraph of Ihe ninth article of the treaty uf Apiil nineteenth, eighteen hundred and thirty-nine, i guaiantitd t the vessel of the U. ited State. AarrcLE V. Steam vessels of tin United States and of Belgium, engaged in tegular navigation between the United Statt anJ balium, shall be exempt in both countries from ihe j.a r.cct of duties of tonuage, anchorage, buoys, and light-house. AancLE VI. As regari the coasting traa between the ports of either country, the vesels of the two nations shall be treated on both sides on Ihe same footing with tbe resftls of the mo-t favmed nations. AsticlE VII. Aiticles of every description, whether proceeding from Ihe s il industry, or waiehouses of Belgium, directly imported theiefiom, iuto the poits of the United States, in Belgian vessels, shall fay no other or bighet duties of import than if they were imp Jt ted und.r the ftig of said States. And, reciprocally, articles of every description directly impoited into Bvlgium from the United States, under the flag of the said States, shall pay no other or higher duties than if they were imported under tbe Belgian flag.
It is well understood ': I rn7 sppoint consols or other officers at tbe same, who shall 1st That the goods shall have been really pot on board be duly icccgnizcd as such by the officeis of the Chinese in the ports from which thry are declared iepeclively to g veu.ment, and shall hold official intercourse and cmrescome. j pohdeuce with the lat'er, either personal or iu writing, as 2J. That a putting-in at an intermediate port, produced by joccasioo may tequire, on teims of equality and leciprocal uncontrollable circumstances, duly proved, does not occasion , rc-pect If direpcetfully tie. ted oraggiieved in any way tbe forfeiture ff the advtntage allowed to diiect importation. ; by the local author itics, said officers in the one hand shall
Abticie VIII. Articles of evety dtsciiption. imported into the United Sta'es from other countries than Belgium, under the Belgian flag, shall pay no other or h'ghcr duties whatsoever, than if they had been impoited under the flag of the most faro cd fjteign nation, other than the flag of the countiy f.om which the importation is made. Aad, reciprocally, ani. ls of every de-ciijitiun, impoited under the fl t of the United States into Belgium, fiom other coin tries than tbe United States, shall pay no other or higher duties hatsoever, than if they had been imported under the flag of the foreign nation most favored, other .than that of the country from which the importation is made. , . . Article IX. Articles of every description, expoi fed by, Belgian vessels, or by those of tbe United States of America, from the poits cf cither country to any country tvhatsocver shall be subjected to no other duties or formalizes than auch as aie requited for exposition under the flag of tbe country where the shipment is made. Article X. All premiums, drawbacks, or other favois of like natu:e, which may be allowed in tbe states of either of the contracting patties, upon gxd imported or exported in national vessels, shall be likewise, and in the same manner, aiiowei upon gooes impoited directly Horn one or the two couettie, by its vessels, into the other, or expoited fiom one of the two countries, by the vessels of tbe other, lo any destination whatsoever. Article XI. The preceding article i, however, not to apply to the importation of salt, and of tbe produce of the national fisheries ; each of the two parties reserving to itself the faculty of granting special pi ivileges for the importation of thoe articles under its own flag. Article XII. 'The high contiacting parties agree to consider and to treat as Belgian vessels, and as vessels of Ihe United States, all those which, being provided by the competent authority with a pasport, sea letter, or any other sufficient d icument, shall be recognized confoimably with existing laws as national vessels in the countiy to which they respectively belong. ArticieXIII. Belgian vessels and (hose of Ihe United Slates may, conformably with the laws oX Ihe two countries, retain on board, in the p rts of both, stich parts of their cargoes as may be destined for a foteign country ; and such parts shall not be subjected, either while they remain on board, or npon re-exportation, to any charges whatsoever, other-shen ttwee f or the prevention of smuggling. Article XIV. Duii'ng the peiiod allowed by the laws of the two countries respectively for the warehousing of goods, no duties, other than those of watch and storage, shall be levied upon articles brought from cither country into the other, while awaiting transit, re-cxportatlin, or entry for consumption. Soch goods .shall in no eae be subject to higher warehouse chatges, or to uthct foimalities, than if they had been impelled under the flag of the countiy. Article XV7. In all that relates to duties of customs and navigation, the two high contracting parties promise, reciprocally, not to grant any favi r, j tivilege or immunity, to any other State, which shall not instantly become con mon to the citizens and sulji-cts of both parties respective)'; gratuitously, if Ihe concession or favor to such other Slate is giatuitou, and on allowing the same compensation it its equivalent, if the concession Is conditional. ' Neither of the contrac'tirg parlies shall lay upon goods proceeding from Ihe soil or the indutiy of the other pnty, which may be imported into its poits, any other or higher duties 'f imi oi tatinn or ie-expoitation than are laid upon the importation and re-exportation of similar goods coming from any other foreign country. Article XVI. In cases of shipwreck, damages at sea, or forced putting in, each party shall afford to the vessels of Ihe other, Whether belonging to the Slate or to individuals, the same assistance ai d p.otectkn,and the same immunities which would have been granted to its owu vessels in similar cases. Abticlc XVII. It is moreover agreed between the two contracting patties, that the consuls and vice consuls cf the Un.ted States in the ports of Belgium, and, reciprocally, the consuls and vice-consuls of Belgium in the poits of the United States, shall continue to enj y all the privileges, protection, and assistance, usually granted to them, and which may be necessary for Ihe proper discharge of their functions. Tbe said consuls and vice-consuls may cause to be arrested and sent back, either to their vessels or to their countiy, such seamen as may have deseited from the vessels of their nation. To this end, they shall apply in wiiting to the competent local authorities, and they shall prove, by exhibition of the vessel's crew ll-t, or other document, or, ir she shall have departed, by copy of said documents, duly certified by them, that the seamen whom tbey claim formed pait of the said crew. Upon such demand, thus supported, the delivery of the deserters hall not be icfust d. Tbey shall moreover receive all aid and assistance in searching for, seizing, and arresting such desrrtrrs, wbo shall, upon the requisition and at the expense of the consul or vice consul, be confined and kept iu ihe prisons uf tlie countiy unlit he shall have found an oppoitunity for sending them home. If, however, such an oppoittiniiy should not occur within three months after 1 the arrest, the deserters shall be set at liheity, and shall not ! arain be arrested for the aame cause. It is. however, im. j derslood, that seamen e f the country iu which tbe deseilion f hall occur are excepted from these piovision, unless tbey be naturalized citizens or subjects of the other country. Article XVIII. Articles of all kinds the tranit of which is allowed in Helium, coming from or vrnn to the United Slates, shall be exempt from all transit duty in Bel gium, when tit lianeportatiun through the Uelgian temtorjr is effected on the railroads of the State. Article XIX. The present tieaiy shall be in farce during ten years from the date of the exchange of the latilicaof the hij-h contracting parties shall have announced to the lions, and until the expiration ot twelve months alter either other its intention to teiminate the operation thereof ; each paity reserving to itself tbe light or making such dcclaraI lion to the other, at the end of the ten years above-men lion- ! ed i and it is agreed, that after the expiration of Ihe twelve ! months of prolongation accorded on both tides, this treaty I - 1 1 I Itm ! i..nKllnn. .I..TI ln f Ii u ii gim ffiijiuijuun vuaii icrc iura III lone Article XX. This tieaty shall be ratified and the ratifications shall be exchanged at Washington, within the leim of six months after its date, or sooner if possible; and the treaty shall be put ia execution within the term of twelve months. In faith whereof, Ihe repective plenipotentiaries have signed the piesent treaty, in duplicate, and have affixed thereto their seals. Brussels, Ihe tenth of November, eighteen huudred and foity-five. l. s.l Titos. G. Clexsox. l. s j A. Dechamps. And whereas, the sai l Treaty has been duly ratified en both part, and ihe respective ratifications of the same were exchanged at Washington, on the thirtieth day of Maich, one thousand eiht hundied and foity-six, by James Bucbi anan, s,CCietiy ol Mate of Ihe united b.ater, and Pi. A. . ItAüit'i)! 1iii!tr limmi !anf i.f him taltv 1 h ITinir nf tiim . v-........ , ... , I iii .' . .1 r . r . i it.. I o-i .1 I i ueigians, iu me irovcrnmeui 01 111c ' part of their respective Governments Now, tii tat roan, be it KSOWH. Ihat I. JA.MtS k. IV(M K Pini'pul of Ihn I'nitpd S:al nt Ampiira have Miuiul K caiit ticitv tu ha mail mittle tn K nrl Ilia t the tien ' nrni and rvriv rlaut and article thereof mav ha hrred I and fulfilled with g od faith by the United States and the citizens thereof. j In witness whereof, I have hereunto set my hand, and j caused the sea of the United States to be affixed, j Done at the city of Washington, this thiity-first day of ; Maich, iu the year of nur Loid, one thousand eight ! seal. hundred and forty-six, and of the independence of Ihe united states, the seventieth. JAMES K. rOLK. ! By the ricFi.lt nt s Is. 1'. I nisr, Acting Secretary of Slate. j Treily tcith the Chinese Empire, of Peae, Amity and ComI merce. Concluded July Zd, 1841. ! Ey the President cf the United states of America., A I Proclamation ; Whereas, a tieatv of Peace, amitv. and corr merce. between the United States of America and the Ta Tsing Empire, was concluded and signed at Wang Hiya, on Ihe tbiid day of Juy, one thousand eight hundied and fort t -four; which treaty is, wotd for word, as follows: The United States of America and the Ta Tting Empire, Desiring to establish firm, lasting and sincere friendship between the two nations, have resolved to fix, in a manner clear s-nd positive, by rrtens ef a treaty or general convention "of peace, amity and commerce, the iutc wbitb hall lu future be mutually observed in tbe intercourse of their respective countries i for which most desiiahle object, the President of the United States has conferred full powers on their commissioner, Caleb Cushing, envoy extraordinary and minister plenipotentiaiy of the United States to China and the August Sovereign of the Ta Tsing empire, on his minister and commissioner extraordinary, Tsiyeng, of the Imperial house, a vice-guardiao of the heir apparent, governor general of the Two Kwangl, and superintcnJett general of Ihe trade and foreign intercourse of tbe Five Ports. And the sail commissioners, after having exchanged their said full poweis, and duty considered the premises, have agreed to tbe .Mowing articles t Article I. There shall be perfect, permanent, and universal peace, and a siueeie and cordial amity, between the United States of Ameiica on the one part, and tbe Ta Tsing empire on tbe other part, and between their people respectively, without exception of persons or places. Article II. Citizens of the United States resorting to China for the purposes of commerce, will pay the duties of import and export pie-cribed in the taiiff, which is fixed by and made a pait of this treaty. They hall in no case be sutject to other or higher duties than aie or shall be required of the people of any other nation whatever. Fees and charges of eveiy sort are wholly abolished ; and officers of the reveune, who may be guilty of exaction, shall be punished according to the laws of China. If the Chinese government desiie to modify in any respect the said taiilT, such modilkaiiona hall be made only in consultation with consuls or other functionaiics thereto duly authorized in behJlf of Ihe United States, and with consent thereof. And if additional advantages or privileges, of whatever description, be conceded hereafter hy China lo any other nation, the United States, and the citizens thereof, shall bo entitled thereupon to a complete, equal and hnpaitial participation in the same. Article HI. The citizeus of the United States are permitted to frequent the five poits of Kwangchow, Arrtoy, Kuchow, Ningpo, and Shanghai, and to reside with their families and trade there, and to pioceed at pleasure with their vessels and merchandise to and from any foreign poit and either of tfte said five port, and from either of the saij five ports to any other of them. But said vessels shall not unlawfully enter Ihe other ports of China, nor carry on a clandestine and frandolcut trade along the coasts theieof. And any vessel belonging to a citizen of the United States which violates this piovision, shall, with ber cargo, be subject lo confiscation to tbe Chinese govetnment. Article IV. For Ihe superintendence and regulation of the concerns of citizens of Ihe United Stales doing business at tbe said five prts, the government of the United States
have the right to make representation of the same to the sope iior officers of the Chinese governmenr, who will see that '
full mqniry and si net justice be bad in the premise; and on the other hand, the said consuls will carefully avoid all acts of unnecessary offence I , or collision with, tbe officers and people of China. Article V. At each of the said five poits, citzens of the United States lawfully engaged in commerce shall be pe r- ! mitted to impoit fiom their own or any other ports iuto Chi- I j na, and sell there, and purchase therein, and expoit to their
own ot any other ptt,aii manocr ot mcrchraie, t which be anesti d and punished by ihe Chinese authorities accoiding the importation or exportation is not prohibited by this tiea- 'to the lavs of China; and citizens ot the United States, who 'T. Wng the duties w hich aie prescribed by the taiiff heie- J may commit any crime in China, hall be subject to be tiieJ inbefuie established, and no other chaiges whatsoever. and poniilicd only by the consul, or other public fanctionary Article VI. Whenever any meicliant vessel belonging of tte United States theieto authoiized, according tithe law lo the L'niied States shall enter cither of the said five poits of the Uni'ed S ales And in order to the pieventi n of all f.'r tiale, her papers shall be lodged wiih the consul or per- ' controver-y and dissatisfaction, justice shall be equitably and son charged with affairs, who will repoit the same to the j impatlially administered op both sides. eommiincr of customs ; and tonnage duty shall be paid I Article XXII. Relations of peace and amity between on saii vessel, at the rate of five mace per ton, if she be over j the United State and China being etabliheJ by this tieaty, one hundred and fifty tons buiden and one mace per too, if aud the vessel of the United States being admitted to trade she be'f the burden of one hundied and fifty tons or under, J freely to and fro from Ihe fire ports of China open to f irrign accordhig to the amount of her tonnage, as specified in the ( commerce, it is fuither agieed that in case, at any time hereregistef ; said payment to be in full of the foimcr charges of j after, China should te at war with any foieign nation whatmeasuictntnt aod other fees, which are wholly abolished, ever, and for that cause should exclude such nation from And if any vessel, which having anchored at oi.e of the said : entering ber ports, still the vessels of the United States shall
ports, and there paid tonuage duty, shall have occasion to go to any other of the said ports to complete the disposal uf her cargo, the consul, or person charged with aÜairs, will report the same to the commissioner of customs, who, on tbe departure of the said vessel, thill note in the p rt clearance th 1 1 the tonnage duties have been ; aid, and lepoit the san e to the other cütom houses ; in w hich case, on entering another ert, Hie said vessel will only pay duly there on ber cargo, hut shall not Le ubj.'Ctto the payment of tonnage duty second time. Article VII. No tonnage duty shall be required on boats belonging to the citizens of the United States, employed in the coaveyanre of pa-sengeis, baggage, leiten, and articles of provision, or others not subject to duty, to or fiom any of the live poit. All cargo boal, however, conveying merchandise subject to duty, shall pay the regular tannage duty of one mace per ton, piovlled they belong to citizens of the I n'tei States, but not if hired by them from subjtctsof China. - Article VUI.--Citizcns of Ihe United States, for their vessels boüiid in, shall be allowed to engige pilots, who will report said Vessels at the passes, and take them into port ; snd, when tbe lawful duties nave äll been paid, tney may engage pilots lo leave port. It shall also be lawful for them to hue at pleasure, servants, cumpradors, Iingursts and wri- ' ters, and passage or cargo boats, and lo employ laboiers, sea- t men, and persons for whatever necessary service, for a rea sonable compensation, to be agieed on by the paities, or settled by application to tbe consular officer of their government, without inteiference on the pait of the local officers of the Chinese government. Article IX. Whenever merchant vessels belonging to (he United States shall have entered poit, the supeiiutendcnt of customs will, if be see fit, appoint custom house officers to guaid said vessels, who may live on board the ship or their own boats, at their convenience; but povision for the subsistence of said office is shall be made by the superintendent of customs, and tbey shall not be entitled to any allowance from the vessel or owner theieof; aud they shall be subject to suitable punishment for any exaction piaclUed by them in violation of Ibis regulation. Article X. Whenever a merchant vessel belonging to the United States shall cast anchor in either of said poits, the suiiercargo, master or consignee, will, within forty-eight hours, deposite Ihe ship's ptpeis in the hands of the consul, or peison charged with Ihe affairs of the United States, who will cause to be communicated to the superintendent of cus toms a true repoit of the name and tonnage of such vessel, the Dairies cf her men, and ol the cargo on board ; which being done, the superintendent will give a peimit for the discharge bT ber caigo, And the master. suDCicareo. orconsLmee. if he nrocee to
discharge Ihe cargo without such permit, shall incur a fine of I ment v not ""'d itJclf hound to make reparation. Bat if five hundred dollars; and the goods so discharged without ,he merchant vessels of tbe United States, while within the peimit shall be subject to forfeiture to the Chinese govern- wa,rs ov which the Chinese govsrnment exeicises juiisment. But if the master of any vessel in poit desire to dis- . d'cti oe pluqderrd by robbers or pirates, then the Chinese charge a part only of the cargo, it shall be lawful for him to i ,"c' authorities, civjr and military, on receiving information do so, paying duty od such pait only, aud to pioceed with 1 thereof, will arrest the said robbers or pirates, and punish
the lenamder to any other poits. Or, if the master so desire, he may, within forty-eight hours after the ai rival of the vessel, but not later, dt cide to depart without breaking bulk ; in which case be will not be subject to pay tonnage or other duties or charges, until, on his anival at another port, he shall proceed to discharge car go. When he will pay the duties on vessel and cargo, accord- ' jug to bw. And the tonnage duties shall be held lo be due after the cxpiiation of said forty-eight hours. Article XI. The supeiiotendent of customs, in order to the collection of the proper duties will, on application made to hitn through the consul, appoint suitable officcis, who shall proceed, in the presence of the captain, supercargo, or consignee, to make a just and fair examination of all goods in these! of being discharged for importation, or laden for exportation on board any merchant vessel of the United States. And if dispute occur in regard to the value of goods subject to an ad valorem duly, or in regard to the amount of tare, and the tame cannot be satisfactory airangcd by the parties, the question may, within twenty-four hours, and not afterwards, oe lefeirea to the said consul to adjust with the suieiintendent of customs. Article XII. Sets cf standard balances, and alo weights and measuies, duty prepared, stamped, and sealed, according ! he nd"d r ,he ,cus,t"n ho.use V Canton, shall be de liveie! by the superintendents of customs to the consuls at each of the five ports, to secure uniformity, and prevent confusion in measures and weights of merchandise. j Article XIII. The tonnage duty on vessels belonging to j citizess of the United State shall be paid on their being adj mitted to entry. Duties of import half be paid on the disIchargtof tbe goods, and duties of export on the lading of ' the sane. When all such duties have been pah', and not before, the superintendent of customs shall give a port clearance, and the consul shall return tbe -hip's papers, so that she miy depart on her voyage. The duties shall be paid to the shroffs authorized by the Chinese government to receive the saane in ua oenan. wutiej payao.e py mercuants ox ine UI11IC4 Ciaiia 9111! W IIVIIIIV U PJMS Clllll VI III foieigi money, at the rate of exchange as ascertained by the reflations now in force. And impoited g oods, oo their resale or transit in any patt of the empire, shall be subject to the imposition of no other duty than they ate accustomed to paj at the date of this treaty. Article XI V. No goods on board any merchant vessel of the United States in port are to be lisnshipped to aootHer vessel, unless thcte be particular occasion therefor ; in which case tie occasion shall be certified by Ihe consul to the su
ite United States, on Ihe perinttndent of customs, who may appoint officers to examjt . ine iuto the fads, and permit tbe transhipment. And if any
; gooas oe irausoii'isi vu n.,1.uvii)ii,HUii,1.uU I permit, tbey shall be subject to be forfeited to the Chinese 1 POVCriment. I Ariicle XV. The former limitati ri of the trade of foreign sations to certain persons appointed at Lanion by the goveirment, and commonly called hong-meichants, having been abolished, citizens of the United States, engaged in the putch.se or sale of goods of import or export, are admitted to trade with any and all subjects of China, without distinction; they shall not be sutject to any new limitations, nor impeded in their business by monopolies or other injurious restrictions. Article XVI The Chinese government will not hold itself responsible for any debts which may happen to be due from subjects of Chiua to citizens of the Uu ited State; or for frauds committed by them ; but citizens of the United States may seek icdress i i law ; and on suitable representation tnng made lo the Chinese local authorities through the consul, they wülcause due examination in the premises, and take all ptopcr steps to compel satisfaction. But in case the debtor be deaai, or without property, or have absconded, tbe creditor cannot be indemnified, according to the old system 0r tne co-hong, so called. And if citizens of the United States be indebted to subj cts of China, the latter may seek rediess in the same way through the consul, but without any responsibility for the debt on Ihe part of the United States. Article XVII. Citizens of the Uni'ed States, residing or sojourning at any of the poits open to foreign commerce, shall enjoy all proper accommodation in obtaining houses and places of business, ot iu hiiing sites from the inhabitant on which to construct tiuur and places of. Duslness, and also hospitals, churches, ai d cemeteries. The local authorities of tbe two governments shall select in concert the sites for the fotegoing objects, having due legard to Ihe feelings of the people in the 1 cation thereof; and the parties interested will fix the rent by mutual agreement, the proptietors on the one hanl not demanding aoy exoibitact prtce, nor the merchants on the other, unreasonably insisting on particular spots, but each conducting with justice and moderation. Aud any desecration of sail cenietcties by subjects of China, shall be Severely puni-hed according to law. At the places of aiicbotage of the vessels of the United States, the citizens of the United States, merchants, seamen, or othtrs sojourning there, may pass and repass in the immediate aeigbborhood ; but they shall not, at their pleasure, make excursions into the country among the villages at large, nor shall they repair to public marts for the purpose of disposing of goods unlawfully and in fiaud of the revenue. And, in order to the preservation of the public peace, the local officers of government at each of the five ports, shall, in conceit with the consuls, define the limits beyond which it shall out be lawful for citizens cf Ihe United States to go. Article XVIII. It shall he lawful for the otBceis or citizens of the United States to employ sch 'hrs and people of any part of China, without distinction of persons, tJ teach any of the languages of the empiie, and to assist in literary labors i and the pet sons so employed, shall not, for that cause, be subject to any injury on the part eithei of the government or of individuals; and it shall in like manner be lawful for citizens of the United States to purchase all mannet of books in China. Article XIX. All citicns of Ihe United States, peaceably attending to their affairs, bring placed on a common footing of amity and good will with su' j'ct of China, shall receive and enjry, for themselves and eveiy thing appe.t lining to them, the special protection of th? local authouties of government, who shall defend them from all insult or inj'ny of any sort on the part of the Chinese. If ilieir dwellings or property be threatened or attacked by mobs, incendiaries, or other violent or lawless peuon, the local officeif, on requisition of the consul, will immediately despatch a military lorco to disperse the rioters, and will apprehend the guilty indiviluals, and punish them with the utmost tigor of the law. Article XX. Citizens of the United Slates who may have impoited merchandise into any of the free poits of China, and paid the duty tlieron, if they desire to re-expoit the same, in part or in whole, to any other of Ihe said ports, shall be entitled to make application, through their c-nsul, to the superintendent of tusioins, who, in oider t prevent frauds on the icvcnuc, shall cause examination to be made by suitable oftker, to ice that the duties fard on sach goodt
as entcied on the ca-tomhouse books correspond with tbe representation made, and that the goods remain with their original maiks unchanged, and shall then make a memorandum in the port clearance of the goods and the amount of duties raid on the same, and deliver the same to tbe merchant;
j and shall also certify the facts to the officers of customs of , the other ports. All which being done, on the arrival in port of the vesel in which the grods are laden, and every thing being found on examination there to correspond, site shall be permitted to bieak bulk, and land the said good, without being sutj.'ct to the payment of any aJditioual duty thereon. But if. on such examinaii n, the uperinteodent ef customs shall detect any fraud on the revenue in tbe case, then the goods shall be sut ject to foifeituie and confiscation to the Chinese govern-nen Article XXI Subjects of China, who may be guilty of any c.i nin'l act towaids citizens of the United Slates, shall not he less continue to pursue iheir commeice in freedom and security, and to transport goods lo aod from the ports of the belligerent panics, full respect being paid to the neutiality of Ihe flig of the United States Provided, That the sai l flag shall nut protect vessels engaged in the transportation of officers or soldiers in the enemy's service ; nor shall said flag be fiaudulently used to enable the enemy's ships, with their cargoes, to enter the ports cf China ; but all such vessels so offending shall be subject to forfeiture and confiscation to the Chinese government Article XXIII. The consuls of the United States at each of the five poits open to foieign trade shall make, annually, to the respective govcroots-geneial thereof, a detailed repoit of the number of vessel belonging to the United States which have entcied and left said ports during the yrsr, and of the am unt and value of goods impoited or exported in said vessels, for tiansmission to and inspection of tbe boa id of revenue. Article XXIV, If citizens of tbe United States have special occasion to address any communication to ihe Chinese local officers of government, they shall submit the same to their connl, or other efficeer to determine if tbe language be proper and respectlul, and Ihe manner just and right; in which event, he shall tiansmit the same to the appiopriate authouties, lor thetr consideration and action in the premises, In like manner, if subject of China have special occasion td address tbe consul of Ihe United Slates, they shall submit to the local authorities of their own government, to determine ' if the language be respectful and proper, and the matter jaU I ni .ii.K . i ipklnk . t. . . ...i. : n in UVJ IIUI I 111 ndlttl 1?C 1116 ,4IU UIIIUI11ICI nil, Ull9llllt the same to the con-ul or other officer for his consideration and action in the premises. And if controversies aiise between citizens of the United States and subjects of China, which cannot be amicably settled otherwise, the same shall be examined and deciJed confoimably to justice and equity by the public officers of the two nations acting in conjunction. Article XXV. All questions in regard to lights, whether of property or person, arising between citizens of the United States in China, shall be subject to the jurisdiction, and regulated by the authorities of their own government; and all controversies occuriing in China between citizens of the U. States and the subjects of any other government shall be regulated by the treaties existing between the United States and such governments respectively, without interference on the part of China. Article XXVI. Merchant vessels of the United States, lying in the waters of the five ports of China open to foreign cotar&ecce, will be under the jurisdiction of the office is of their own government, who, with the masters and owners thereof, will manage the same without control oh the part of uiiina tor injuries done to the citizens or the commerce of HheTJofTedlates by any foreign power, Ihe Chinese govetncuiums iu iw, auu wm cause an me propeiry wnicn can be tecovered to be placed in the hands of tbe nearest consul, or other officer of the United States, to. be by him rcstjieJ to the true owner. But if, by reason of ihe extent of teriiiory and numerous population of China, it should, In any case, happen that the robbers cannot be apprehended, or the property only in part recovered, then the law will take Its bourse iu regaid to tbe local authorities, but the Chioese government will not make indemnity for the pods lost. Article XXVII. If any vessel of the United Slates sha'l I be wiecked or stranded on the coast of China, and be subjected to plunder or other damage, the proper officers of governmeoi, on receiving luiormation ci me tact, win immtaiateiy adopt measuies for their re'ief and security; and the persons on boaid shall leceive friendly treatment, and be enabled at once to repair to the most convenient of the free ports, and shall enjiy all facilities for obtaining supplies of provisions and water. And if a Vessel shall be forced, in whatever way, to take refuge in any port other than one of the free polls, theo in like manner tbe persons on board shall receive Iner.dly treatment and the means of safet ;tv and security. Article XXVIII. Citizens of the United States, their vessels and property, shall not be subject to any embargo ; nor shall they be seized or foicibly detained for any pretence of the public service ; but they shall be suffered to prosecute commerce in quiet, and without molestation or embarrasmeot.
government will cause to be appiehcnded all mutineers or j gory for the defendant. desei ters from on board the vessels of the United States in Barber v. Lyon. Error to tbe Allen C. C. Dewet J. China, and will deliver them up to the consuls or other offi- A paity wbo has derived some benefit from the partial cers for punishment And if criminals, subjects of China, j performance of a contract of the other party, cannot ia gentake refuge in the bouses or on board the vessels of citizens j eial rescind the contiact, and resort to an action for mouey
Ol tue u uu tu oiaii-s, wiry snail us uvuvcrea up in justice, on due requisition by ibe Chinese local officers addressed to those of the United States. Tbe merchants, seamen, and other citizens of the United Slates shall be under the superintendence of the appropriate j officers of their govemment. If individuals of either nation commit acts ol violence and disorder, use arms to the injury a I J ' X. A a . ft of others, or create disturbances endangering life, tbe officers ol the two governments win exert themselves to eniorce oider, and to maintain the public peace, by doing impartial justice in the premise. Article XXX. The superior authorities of the United States and of China, in conesponding together, shall do so in teims of equality, and in the form of mutual communication fchauhwui.J The consuls, and the local officers, civil and military, in corresponding together, shall likewise employ tbe atyle and form of mutual communication fchau hwui.J When inferior officers of the one government address superior officers of the other, they shall do so in the style and form of memorial f thin chin.) Private individuals, in addressing supeiior officers, shall employ the style of petition (pin ching.J In no case shall any terms or style be suffered which shall be offensive or disrespectful to either party. And it is agreed that no presents, under any pretext or form whatever, shall be demanded of the United States by China, or of China by the United States. Article XXXI Communications from the Government of the United Slates to the court of Chiua shall be transmit ted through the medium of the imperial commissioner chaiged with tbe superintendence of the concerns of foreign nations with China, or through the governor general of the Liang Ewang, that of Min and Cheb, or that of tbe Liang Kiang. Article XXXII. Whenever ships of war of the United States, in ciuising for ibe protection of the commerce Of theii country, shall anive at any of the ports of China, the com manders of said ships, and the superior local authorities of govcrtimrnt, shall bold intercourse together in terms of equality and courtesy, tn token of the friendly relations of their respective nations. And Ihe said ships of war shall enjoy all suitable facilities on the part of the Chinese Govemment in the purchase of provisions, procuring water, and making repaiis, if occasion require. Article XXXIII. Citizens of the United States, who shall attempt to trade clandestinely with such of the ports of China as are not open to foreign commeice, or who shall trade in opium or any other contraband aiticle of merchandise, shall be subject to be dealt with by the Chinese gcvernment, without being entitled to any countenance or protection from that of the United States ; and Ibe United States will take measures iu yicicm incti nag ftom oeiugaous a vy ine subjects of other nations, as a cover for tbe violation of the laws of the empiie. Article XXXIV. When the present convention shall have been definitely concluded, it shall be obligatory on both powers, and its provision's shall not be altered without grave cause; but, inasmucn as tne circumstances oi the several ports of China open to foreign commerce are different, experience may show th at inconsiderable modifications are requisite in those parts which relate to commerce and navigation in which case the two governments will, at Ihe expiration of twelve years from the date of said convention, tieat amicably concerning the tame, by Ihe means' of suitable peisons appointed to conduct such negotiation. And, when ratified, this treaty aball be faithfully observed in all its parts by the United States aod China, and by every citizen and subject of each i and no individual Siate of Ihe United States can appoint or send a minister to China to call in question the provisions of tbe same. Tbe present tieaty of peace, amity, and commerce, shall be ratified and approved by the President of tbe United States, by and with ihe advice and consent of the Senate thereof, and br the august sovereign of tbe Ta Tsing empire, aud tbe laiitic'ations shall be exchanged within eighteen months from the date of the signature thereof, or sooner if possible. In faith whereof, we, the resiective plenipotentiaries of tbe Unittd States of America, and of the Ta Tsing empire, as aforesaid, have signed and sealed these piesents. Done at Wang Hiya, this third day or July, in the year of our Lotd Jesus Christ, one thousand eight hundied and foityfour ; and of Taou Kwang, the twenty-fourth year, fifth month, aud eighteenth djy, C. CtJiHINO. Tsiteno. The State of Ohio is the most wonderful of alltransatlantic wonders in respect of rapid progress. It waa a territory of forty thousand inhabitants in the Jear 1800; it is now a republic with two millions of citizens as many aa those of Venice or the UniU:d Provincca in their proudest dsvs with a profusioa of agricultural wealth almost outrunning the need of available market, and paving her dividend. And there ia room for millions more ; for the whole State is" one rfeb trsct of undn'atir.g- plain, covered from end to end with ibe finest forest trees of America, and intersected by navigshle waters. Its natural resources are practically un'imited, and yet Ohio forms only a small section of that vast region sloping from the Aileghaniea to the Missisippi, which ia almost every where equally productive, and equally ii;cessil!e.M Edinburgh Kevine.
SITPIIEHE COURT Ol IXDIAXA. Cases determined al the .Yovemler TMn, 1916. reported foe tbe s er tin el bt a. m. carnahajt. Wednesday Not. 25. Attorneys arrived and in attendance since yesterday, R. Lock wood, D. D. Pratt, R. C. Gregory, G. S. Orth, S. A. Hutr. F. M. Finch. J. D. Glass, Z. Bea.d, and J. B. Howe. Itotreft Admr. Lc. . Jackson Admr. fc. Error to tbe Tip pecanoe C. C Perkins J. Tbe vendor of land is not liable to an action for failure ta convey after payment of the purchase money, nnlesa a deed has been demanded, or anless facts exist excusing such de mand. Want of title is a sofScient exeue to the vendee for not demanding tbe deed before commencing bis action. Reverted. Pet tit and Huff for tbe plaintiffs. Milli v. Carter et aL Error to the Fountain Trobate Couit. Perkins J. The widow of a deceased husband ha the first right of ad ninistiation on his estate; and if administration be grant
ed to any othei within thirty days from ber husband's death without ber relinquishment of riht being procuied. the giant is voiJable, and ahould be revoked on the application of the widow, at the next succeeding tcim of the Trobatt Court. Reverted. La arson for Ihe plaintiff, Mallory for the defendants. BloomhuJ r. the State. Appeal from the Allen C C Dewet J. The keeping in a public plce "a ceitain common ill-governed and disoiderly room, and suffeiing, for lucre, disoideily persons to meet and remain therein ty day and night, drinking, tippling, cursing, swearing, quarielliog, making great iioi-es, rolling of bowls at a game called ten pin," is a public offence and indictable. If on an indictment for nuisance against three persons, the jury find one guilty and say nothing of the other two, a judgment on the vcidict against the ooe convicted is oot erroneous. A conviction on an indictment charging a nuisance in the language above quoted does not authorize tbe ciicnit court to oider Ihe 4 ball alley" to be abated. Judgment imposing fine anJ costs ajfirmcd. Tbe order f r removing the ball alley reverted. Coombs for tbe appellee, Hammond for the State. Lot'joy and another t. Bright. Error to the Decatur C. C. Dewet J. An instiument of writing, not under seat, is not a vali-t replevin bond for the stay of execution, and car. not be Iba founda'ion of an execution, under the statute of 1S3S. A misrecital in the condition of a df livery bond cannot be corrected by an tnuend in a declaration on the bond, that it means what its language does not import. Reverted. G. II. Dunn for the plaintiff, Rj man and Spooner for tbe defendant. Carter v. the Stats. Error to the Elkbatt C. C. Blackroan J. The act of road commissioners for the establishment of a road of an undefined width is void. Reverted. Jeinegan for the plaintiff, Famsworth for Ihe State. Smith v. Smith and another. Eiror to the Tippecanoe C. C Blacktord J. A contract for the sale and deliuery of goods for tbe price of fifty dollars and more, must, to be val.d under the statute of fiauds.be signed by tbe party sued or his authoiitted agent ; but it need not have the signatoie of tbe plaintiff. Ia a suit on such contiact by the vendee for the non-de livery of the goods, which weie to be delivered at a certain time, the declaration must aver that the plaintiff was always ready and willing, from the time of tbe contiact until the time for the delivery, to receive and pay fot the goods on the delivery thereof. Affirmed. Mace and Crane for the plaintiff, Bracket and Gregory for the defendant Not. 2G. This being the day recommended by the Governor as a day of general Thanksgiving, there were no opinions delivered. Not. 27. Slate t. Hunter. Error to the Bartholomew C. C Teekins J. In an indictment against an assessor for failing to call, within the time prescribed by law, upon a resident of bis county for a list of taxable property, it is not necessary to aver that the peison not called on had taxable property, as it is the duty of the assessor to call without regard to that fact. Otheiwise in an indictment foi failing to list property, Query t whether in such an indictment it is not necessary to specify the particular items of property omitted to be listed. An indictment founded on two statutes ahould conclude, "contrary to the form of the a'aluie,' using the plural instead of the singular of that tettn. Affirmed. . Hammond for the State, Morrison and IL II. Batbour for defendant. The State t. Wimple. Error to tbe Jennings C. C Perkins J. In an indictment ftr assault and battery the words "late Of said county," and the averment that the beating was to the defendant's damage, ate not material to its validity. Reverted. Hammond and Bradley for the State. McCafferty v. McCofferty. Elrror to the Montgomery C C- Dewet J. ' In a bill for a divorce and alimony by tbe wife against ber husband, the husband produced a witness whose competency was objected Lu, because the husband had conveyed a tract of land to him which it was alleged might be reached by the wife if she obtained alimony, and Ihe deed was made to defraud ber. Held, that the witness was competent. A wife on obtaining a divoice, is not entitled to dower in land owned by her bdsband duiing coverture, hut which be had aliened before the passage of the act of 1 S 14 on tbe subject of divoice. On the tiial of a bill for a divorce, adutteiy be ine tbe cause alleged, tbe complainant may establish ibe tffcDce, though he knew or its existence more than two ears before suit brought; and tbe defendant may prove tbe scienter in which he may have paid upon it. But if both patties agree to put an end to a contract, and one of the parties have advanced money or goods upon it, he may muntain an action for such money or goods. If one party to a contract agree to transport goods for Ibe othet party, and recover a pait of his pay in advance, and afterwards partially peiform his contract, aod receive pay in a a S . a a . m full for the part performed, independently of the advanced payment; and tbe other party bung an action for tbe advanced payment, the jury are autboiized to consider tbe cootract as rscinded,and to give a verdict for the advanced payment Objections to depositions must be made before going into trial ef a cause, if the teason on which tbe ot jection is found weie known before the trial. Affirmed. Biackcnridge for the plaintiff, Bigger for the defendant. Smi'h and others r. Avery and others. Error to the Laporte C. C. Blackford J. The object of the statute entitled "An act concerning tinants holding over," was to give landlotds and those claiming under tbem a summary and expeditious remedy to get their tcnauts out of possession who hold over after their light ta lemain bad expiicd. Wheat tbe relation of landlord and tenant exists between' the parties, tbe tenant being unable to dispute the title of bi landloid, seems to render the summary jurisdiction allowed to Justices of the Peace, proper. But in any case wheie the defendant miy dispute tbe title of the plaintiff, as where, as in the preseut case, the tenant, as against tbe heirs of the deceased husband, claimed under a lease from the widjw, the Justices have no jurisdiction. Reversed. J. B. Niles for Ibe plaintiffs, Juhn II. aod James Bradley for the defendants. Lissell v. Brown. Error to the Allen C. C. Blackford J. Where a husband and wife are sued jointly, the husband dies, and tbe suit is continued against the wife, ber admissions made during the covertuie, aie admissible as evidence against her. Reversed. Breckentidge for the plaintiff. Married, On Tuesday, the lötli inst., by the Ker. S. T.'Gillett, Mr. Tleasant Williams, of Noblesville, to Mrg. Nancy Ann Dunbar, of this city. Mr. Williams took hia bride forthwith to his residence in the village of of Noblesville. (gjrA. generous slice of cake accompanied the above ; and in return, all the b'hoya present their conpratulations to the happy pair, with fervent aspirations for their future felccitv. . Notice. TVe are requested to state that there will be a meeting at half past six o'clock, on Monday next, at the Court House, of citizens who desiie to adopt some measures to put d iwn piofcssional gambling in this city. All persons who feel aa interest in the subject sit earnestly invited and solicited to attend. Business or (lie HI. mid I. Kali Iload: Fvr the veck ending-Xotcmber 21, 1916. OUTWAXD. IHWAKO. 1S2 Passengers 1,547 bbls Flour 7,030 ba Wheat 956 ba Corn 108 bu Oats 31,300 lbs Merchandise' 15 cords Wood . '20,000 feet of Lumber 604 Hort 6,000 Hoops 5231 Passengers 131,200 lbs Merchandise 21 brls Whisky 12 hi Is Molasses 357 brls Salt 14 bits Oil and Tar 2 bits Cement 6 bils Beer 64 bu Coal 4 kegs Powder 10,500 Shingles Flour, $4 00 per barrel. Wheat, 65c per bushel. W. N.J. Itcports of the Decisions of the Supreme - Coiirt of Indiana. fHVIE eentiemen of Ihe pmfraawn are leapeclfulty informed, that at the ni part of he aromn volume of theae Keporu, eoolainiof XW pates, U Just pubtteliedand may be had at Daria? bou store, lndanapoiM. rrre one aoiiar ana nny cents, nut 26 .YJ 3w THE REPORTtR. CITY.IIOTEI-. TV TUTTI.E'fe 8UN3 hf leave tn inform their friends ani JLF the public Iba ihey, on fattndar , the I Jt In., 4 ttaa IIotsl, lately fitted np. on Fourth sL, between Main and ainuU It la pleasantly Ideated In the most holiness part of Hie city, baa tlie advantage of fronts, the main entrance Fourth at., private entrance on Main, containing a bira number of stutrtuf rooms ptessamlv situated for families; also, rooms for single gentlemen, eil lighted and, ventilated. , v , 1 be proprlrtor traut, by strict sttsnüon lo the " or Uwlr patrons, to merit a share of public rntrfMee, siiurin all who may favor tlmtt with a vwit, that nmhinf sludl be wanting on their nartie- make the City Hotel second lo none In the city, D ETVTTLE rincinnatl, Nov. gfr-oj-Oin. . j. P. TL'TTLb. . UAhikKTS A IVO AVAGOTVS. JCST roTMvrtl, a variety of tnsrke and floth Beta. Alse, illow Vyns and Cradles.' NC1X, BROW M0 k Co,
