Western Sun & General Advertiser, Volume 12, Number 48, Vincennes, Knox County, 29 December 1821 — Page 2

toy their representative:!, on great eonsid- ' were ncvor admitted into any of tha ports craiiiM), for the sole purpose of promot- of Europe except incaesof great emering ttic welfare k happiness of their con- t gency, to avert a serious calamity. When stiiuems. In ihc execution of those taws, no article is admitted which is not rcqui and ot the powers vested by the consli- red to supply the wants of the party adtution in the executive, unremitted alien- mining it, and admitted then, not in favor tion has been paid to thc great objects to of any particular country, to the disadwhich they extend. In the concerns vantage of others, but on conditions ewnicn arc exclusively internal, there is qually applicable to all, it seems just that good cause to be satisfied with the result, the articles thus admitted and invited Tiie laws ijave had their due operation fc, j should be cairied thither in the vessels of

the country affording such supply, and that the reciprocity should be found in a corresponding accommodation on the other side By allowing each party to participate in tin transportation of such supplies, nn the payment of equal tonhagc, a strong proof was afforded of an accommodating spirit 1 o abandon to it the transportation of the whole would be a sacrifice which ought not to be expected. The demand, in the present instance, would be the more unreasonable, in con sideration of the inequality existing in the trade with the parent country. Such was the basis of our system, as established by the act of 1815, and such i s true character. In the year in which this act was passed, a treaty was concluded with G. Britain, in strict conformity with its p inciples, in regard to hr European dominions. To her colonies, how-eve-, in the West Indict and on this continent, it was not extended, the British government claiming the exclusive supply ot those colonics, and from our own prts and of the productions of the colnie in return, in her own vessels T this claim the U. States could not assent, and, in consequence each party suspended he intercourse in the vessels of the other, by a prohibition, which stiil exists. The same conditions were offered to France, but not accepted. Her government has demanded other conditions more favourable to her navigation, and which' sho'iul also give extraordinary encouragement to her manufactures and productions, in the ports of the United States. To these it was thought improper to accede, and in consequence, the restrictive regulations, which had been adopted on her part, being countervailed on the part of the U. States, the direct commerce between tuc two countries, in the vessels of each p'irty, has been in a great measure suspended. It is much to be regretted that although a negotiation has been long pending, such is the diversity of view entertained, on the various points, which have been brought into discussion, that there does not appear to be any reasonable prospect of its early conclusion. It is my duty to state, as a caue of very great regret, that very serious differences have occurred, in this negotiation, respecting the construction of the 8th article of the treaty of 18;ul, whereby Louisiana was ceded to the U. States, k likewise respecting the seizure of the Apollo, in 1820, for a violation of our revenue laws. The claim of the government ot France has excited not less surprise than concern, bcc iusc the re does not appear to be a ju.l foundation for it, in either in-

I stance By tne 8th art. of the treaty referred to, it is stipulated that, after the expiration of 12 years, during winch i: , was provided, by the preceding or 7tn art. that the vessels of France k Spain should be admitted into .he ports of the ceded territory, without paying higher duties on merchandise, or tonnage on the vessels, I than such as were paid by citizens of the U Stales, the ships of France should forever afterwards be placed on the footing of the most favoured nation By the obvious construction of this article, it is presumed that it was intended, that no favor . should be granted to any power, in those . ports, to which France should be forthwith entitled; nor should any accommodation be allowed, to another power, on conditions, to which she would not, also,

eff t. In those relating 'o foreign Dow

cr, I am happy to state, that peace and amity ate picserved with all, by a strict observance, on both sides, of the rights of ouch In matters touching out commercial intercourse, whcic a uifftijiice of opinion has existed., in any case, as to the con litions on which it should be pi iced, eacn pa;ty has pursued its orn policy, witnout giving jus cause of offence to the other. In this annual communication especially wnen ir is addressed to a new Congress, the whoc scope of our polit ical concerns naturally couv.s into view ; tint errors, if such hac been committed, may be corrected ; that delects, which hav': become manifest, nuy be remedied ; a. i t on tnc other hand, that measures vvui n vcre adopted on due deliberation, an I wine i experience has shown arc jut in ;:iem(lves, -'md essential to the public vvei'are, siiouui be peicveredin anl supported. In perfonni ig thi necessary fc; very impona: t duty , i shad endeavour o place before you. on its merits, every subject that is thought to be e.ititlca your particular attention, in distinct and c-cr a tight us I may b-' aoie. Bv an act of the 3d of March, 1815, so much of the sever u acts as imposed higujM duties on tne tonnage of toreign vessf. Is and on tne ma ufactures and produaio is of foieign nations, when imported into to" U. States in foreign vessels, than w.un i npoited in vessels of the U. S'lU's, were repealed, so fat as respected t'-s nannl.uuures and pioductions of the nation to whi.h such vessel belonged, on the condition, tnat the repeal shouidtake effect only in favor of any foreign nation, when the executive, should b . satisfied that such discriminating duties, to the disadvantage of the U. States, had likev ie been repealed by such nation. By tins act a proposition was made to all nation to place our commerce with each on a bais, which, it wi" presumed would be acceptable to all. Every nation was allowed to bring its manufactui es and produe ti ns into our ports, and to take the manufactures and productions of the U States back to their ports, in their own vessels on the sa-we conditions tint they might be transported in vessel of the U. Slates; and, in return, it was required that a like accommodation anould be granted to the vessels of the U. States in the ports of other powers The articles to be admitted, or prohibited, on either side, formed no part of the proposed arrangement. Each party wou;d retain the right to admit or prohibit such articles from the other, as it tnought proper, and on its own conditions. When thena ure of the commerce between tii. U St tes &c every other country w s tuk.n iuTo view, it wun thought that iii ; topo jiaon would be considered fair, and even 'iberul, by eiy power T in exports of the U. States consists gent rally of articles ot tin fut necessity, and ol udi- materials m demand for foreign i.uuiufa todies of yjreat bulk requiring fv their Uansportati n many vessels the .'iin i for which, intne manufactures at d productions of any foreign country, even vvhvii disposed ot thete to advantage muy be brought in a single vxsei. This observation is more especially applicable to those countries ftom wt.ich manufacture aiouc at c imported, but it applies in a great exten , to the European dominions of cveiy European power, & in a certain extent, to all the colonies of those

on precisely on tnc same grounu, in tne COmmodation, could be granted, t transportation ol exports Sc imports, be- r to lhe prc:ud-,ce of France twe.n the U. States and other countries, aUowin; lhe equivalent, allowed bv it w.s presumed that all was oft-red powers, she would alwavs Mand, in

be entitled unon the s:imp rrmclitinn.

powers. liy placing, then, the navigatl- Under this rnnt.iirfinn. nn fnvnr. or r

on precisely on the same ground, in the COmmodation. could be ,rPantPfl. to anv '

r j

y those timer

w.m n couiuui.ucM.cu iiwcnicumuc ports, on the fooling of the most favored the only proposition which o uld be devi- naUon Rut if tMs artide thou,d be SQ seJ. hich would retain even the sem- construed, as that France should enjoy, of bian e of equality in our tavor. rhu anJ witll0Ul payhlR thc equivalent, M.my ctnvi !erations of great weight all the advantages of such conditions, as gave us a rig,; t to expect that this com- might be allowed to other powers, in re me-ce should br. extended to the colonies, : turn fot important concessions made by as well as to the Eu'opran dominions, of them, then the whole character of the sti-ot:"-r power-. With thc latter especial- pulation would be changed. She would ly with countries exclusively manufaciu- not b placed on he footing of the most rinq;, the advantage was manifestly on favored nation, but on a footing Ik Id by no their side. An indemnity for that los other nation. She would enjoy all the wn t-xp-ctH from a trade with the colo- advantages allowed to them, in consitlerames, and. with the greater reason, as it tion of like advantages allowed to us, free

waskno vn that thc supplies which thc j from every, and any condition whatever.

As little cause has the government of

France to complain, ot thc seizure of the

colonics derived from us were of the Idlest itnpot lance to them, iheir labor

hi cei.wd with so inucii greater pro- ! Apollo, and the removal of other v essels fir ' . ' ' t - :!'urc of other articles, k be- from the waters of the St. Mary's. It cv.r . i t' 'ir.U s of vvhich u ill not h? denied, that evcrv nation has a th' aupphes . ., u. f nnr. s lar re rir' t to recrulat its cotnmercial svstenu

tion of its revenue, provided it be done, without an invasion of the rights of other powers, i he violation of its revenue laws is an offence, which all nations punish the punishment of which gives no just cause of complaint, to the power to which the offenders belong, provided it be extended to all equally. In this case, c very circumstance which occurred, indicated a fixed purpose to violate our revenue laws. Had the party intended to havu pursued a fair trade, he would hav$ entered our ports, and paid the duties ; or had he intended to have carried on aIe&i timate circuitous commerce, with tht U States, he wauld have entered the port of some other power, landed his goods at the custom house according to law ant! reshipped and sent them in the vessel ol such power, or of some other power which might lawfully bring them? free from such duties, to a port of the United States. Hut the conduct of the party in this case was altogether different. He entered the river Si. Mary's, the boundary between the 0. States and Florida, and took his position on the Spanish side, on which, in the whole extent of thc river, there was no town, no port, or rustom house, and scarcely any settlement. I i purpose, therefore, was not to sell his goods to thc inhabitants of norida,Jur to citizens of the U States, in exchOr for their productions, which could noc done without a direct and palpable hrraV of our laws. It is known that a rrgu'ir' systematic plan had been formed by ccitain othei persons for the violation of outrevenue systcm: wnich made it the mor necessary to check thc ptoceeding in the commencement. Tnat the unsttled bank of a river so remote from the Spanish garrisons and population cotiid give no protection to any party, in such a practice, is believed to be in strict accord with the law of nations It would not have comporteoVwith a friendly policy, in Spain herself, torsive established a custom house there, we it could have subs urved nooier purwaij than to elude our revenue lawsTVJu4jhe government of Spain did not adopt ttiaT measure. On tne contrary, it is undevstood, that the captain general of v ub, to whom an application to that effect was made, by these adventurers, had not acceded to it. The condition of those provinces for many years before they were ceded to thc U. States, need not, now, be dwelt on. Inhabited by diffeientfdbes of Indians, and an inroad for every Vi yd ot adventurer, the jurisdiction of Spalntnay be said to have been, almost exclusively, confined to her gauisons. It certainly Could not extend to places, where she had no authority. The rules therefore applicable to settled countries, governed bylaws, could not be deemed so, to the deserts of Florida, and to the occurrences there It merits attention, also, that the territory had been ceded to the U. States by a treaty, the ratification of which had not been refused, and which hasince been performed. Under snch circumstances, therefore, hpain became lessrespousihle for such acts committed there, and the U. Stales more at liberty to exercise authority, to prevent so great a mischief. The conduct of this government has, in every instance, been conciliatory and friendly to France. The con struction of our revenue law, in its application to the cases, which have formed the ground of such serious complaint on

her patt. and the order to the collector of

wegiaa vessels, frcm whatever place arriving, and with wiia ever aiiicjcs iaden. They have rtquestsd the reciprocal allowance lor lhe vessels of Norv.ay in the ports of thc United States. As tnis piivilege is not within the scope of the act of the 3d of March, 1815, and ca niy be granted by Congress; and as it may involve the commercial relations of the Union with other nations, thc subject is submitted to the wisdom of Congress. I have presented lluis fully to your view our commeicial relations with other powers, that, seeing them in detail with each power, and knowing the basis on which they 1 ist, Congress 'may in its wisdom decide, whether y change ought to be made, and, if any, in what respect If this bais is unjust or tini easonablc, surely it ought to be abandoned; but if it be just and reasonable, and any change in it will make concessions subversive of thc principles of cquality, and tending in its consequences to sap tne foundations of our prospeiity, then the leasons are equally strong, for adhering to the grr.und already taken, and supporting it by such further regulations as may appear to be proper, should any additional suppott be found necessary. Thc question concerning the censtf 'ion ol the fiist aiticle of the treaty Ghent, has been, by a joint act ol theUepiesentjtivcs ol 'the United Stales, V and ot Great Britian. at thc ccuit o! St. Petersburg h, submitted to thc decision of his Imperial .Majesty, the En.pno: ol Russia. 1 lie lesuit of that submission has not yet been iccehcd. l he Commissioners under the 5th article of that treaty not having been able to agicc upon their decission, toeir repoits to the two Governments, conformably to thc provisions of the treaty, maybe expected at an early day. W ith bpain, the- treaty of Februai v 22d, 18 t9, has b en partly canied in'o execution. Possession ot East and "West Florida has been given to the United States, but the officers charged vith

That service, bv unorder from fU mtf,,.

lie .'Majesty, delivered by his Minister to the Secretary of State, and tiansmiuct! by a special agent to the Captain Get.crerai ot uba, to whom it was directed, and in whom the government ot those provinces was vested, have not only omitted, in contravention of the orders oV their sovereign, the performance ot thc express stiouL'ion, to deliver over thc archives and documents relating to the propei ty and sovereignty of those provinces, ail of which it was expected would have been delivered, cither before or when the troops wcie withdrawn, but defeated, since, every effort of the United States to obtain them, especially those of the greatest importance 'This omission has given rise to several dents of a painful nature, the characf X of which will hereafter be commumfcS ted. In every other circumstance the Iav.otthe 3d of March ia. t, for carrying into effect thac treaty has been duly attended to. For the execution of that part whidh preserved in force, for the government of the inhabitants, tor the term specified, all the civii, military., and judicial powers, exercised by ti.e existing government of those proiincts. -n adequate number of officers, as was presumed,

were appointed, and ordcied to their ics-

i.,M.o i .. :!. : l"-"v 5iailuJ- piuwjices were

1'iun a, iii auiu ivii ii, licit ltivcii i : . . . i two ycafs before these caics occurred, & : ",lt ,T V""'"!' aml ? Efvei--in reference to . bread,, which wu at- PP"":d. f'' ! considcrauoh . , ,, ,, , . r i . l tne pre-existing division, and of th'tempted by the subjects of another pow- ,- . , , ir b r 1 r . " er Its annlicatiot therefore to the ca-' t,lslailCe and l,lmcUll of communication er. its application, theittorc, to the ca- . bct n peiisacoIai the residence of the-

as the treaty, by which these provinces were ceded to the U. States, wns ratified, : and all danger of further breach of our j

revenue laws ceased, an order was given

f.,r the release of the vessel, vvhich had been seize d, and for the dismission of the libel, which had been instituted against her. Thc piinc i;dcs ."f h system of reciprocity, founded ;; li.v- law of the 3d ot March IS 13, have !:i,u Mtice carried into effect, k: the Kingdom oKthe Netherlands, Sweden, Prussia, Lj with Hamburg, Bremen. Lubeck, and Old enburgh, with a provision niafteJEibse-

(iovernorot West Floiida, and St. Augustine, that of the Governor of East Florida, at vvhich places, the inconsiderab e popu'ation of each province was pi4ncipaliy collecied, two Secretaries were

appointed, one to reside at Pensacoja,

. , w ui" tr'litirkll !tt'r.n i t.-iwl , .1..

4j unknot, paiu iu me execution of the laws of the United States relating to the revenue, and the slave trade, which were extended to these provinces. The whole territory was divided hrr three collection districts, that j ail lyip.g between the rier St. Mary's and Cape Florida, forming one. that from the Cape i. a i 1 ; i i .

uic rvpaiai nicoia, ancir.er, and that

could only be, or most usually were, first

shipped from thc ports c.f those coun-

ouent laws, in regard !o the Netherlands.

Prussia, Hamburgh and Bremen, that I lnc third. To these districts, the uA such produce and maimfactures.

. liuuiuvi UllblVliUW l If 5llfimn .

ted, and to secure the due operation of these laws, one iudfe :-ml n iln.;,. .,t

tries, the same being imported in vcs-tt0lney were appointed, to icide at Pensets, wholly belonging to their subjects, ; k-cos3. and likewise cne jud-e and a disshould be considered and admitted as i tnrt nrtr.rr.pv i.. A a

and produc-juhh a specified boundary between them i and one marshal foi the whole, with au-

Tlie government of Norway Aas,j3y thotit-to appoint a deputy. Jn cai'.ing an ordinance, optned thc ports fcf tbt ! this law into effect, and especially that part of thc dominions of the Kft0f ; part of it relating to thc pr.veis'of the Sweden, to the vessels of the United existing government o" thoie prov "n et s,

States, upon the pay ment of no other or it was thought important, in c ons der;'.-

their own tions.

manufactures

a proportion of tht exports of the U. S. j as it thinks fit, and to inforcc the collec-1 higher duties, than are paid by the Nor- j tion of tho short term for which it was to