Historical Newspapers of South Carolina

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?* - mrnrnm . " ? IJII. Jl> ! J K ES 1 1) E N r 8 M E s - A G E. WAhW*fcT<W, ULCKMBfcU ? J At t* o'clock this (I a\ , the Pr?si-| dent of the L'nited States tians mitted to both Houses of Congress, by Mr. ?. L. Gouverneur, the fallow ing MESSAGE: .'W/ow Citizen * of the Senate, and of the House of Rcfireaentativea : The progress of otir affairs since the last session has heen such as may! justly I hi claimed and expected, un der a government deriving all its powers from an enlightened people, aivl under laws formed by their re- ! preservatives, on ?reat consideration, ; for the sole purpose of promoting tUe: welfare and happiness of their con-; stitueuts. In the execution of those laws, and of the powers vested by the constitution in the Executive, un , ' j remitted attention has been paid to the great objects to which they ex-1 tend. Iii the concerns which arc! j exclusively internal, tbt<* is good cause to be satisfied with ine result. The jaws have had their due opera-! tion and effect. In those relating to! foreign powers, I am happy to state, j that peace and amity are preserved j with all, by a strict observance, on both sitH?, of the rights of 'each.? In matters touching our commercial intercourse, where a difference of opinion has existed, in any case, as to the conditions ou which at snould be placed, each party has pursued: its own policy, without giving justj cause ot offence to the other, in: this annual communication, especial-; ]y vhen it' is addressed to a new? Congress, the whole scope of our political couceras naturally comes into view ; thai errors, it such have! heen committed, may be corrected ; that defect's, which have become manifest, may be remedied ; and on' the other hand, that measures which1 were adopted on due deliberation, and which experience hf*s shown are jual in themselves, and essential to the public welfare, should be perse vered in and supported. In per forming this necessity and very im portant duty, I shall endeavour to place before you, on its merits, every subject that is thought to be eutitled to your 'particular attention, in ajf dis tinct and clear ajight as 1 may be able. By an art of the 3d of March} 181.), sq much of the several acts as imposed -higher luties on the tonnage of foreign vessels, and ou the #ian ufuctures and productions of foreign nations, w hen imported into the tiuit ed Urates' in foreign vessels. than when imported iu vessels of the United States, . were re|n*ale<^ so far as respected the manufactures and predictions of (he Datiriji to which such vessel belonged, on the, conffjrio.i, that the repeal should tike effect only in favor of any for eigu nation, when the lixedutive ? ? u * ' r II " should bo satisfied that such discri . ftinating duties, to tl^e disadvantage of the United States, had likewise beernre ptaied by suchpatioo. By this act a proposition wps marie to ail tiaiioiis to place onf commerce with each tm a basis, which, it was pre sumed, would be accejpta He t<* all Kvejry nation was allowed to brina; its manufactures and iroductiott* in to our ports, in their *own vessels, on the same conditions that thr\ tna^ltt (>e tyansported in vrs?elsA>f tin* United States; and# in^ rotuffr, it was repaired that a Iilie aonommo dation .should be granted tolhe ves sel* of the ? nited States in the ports of other powers. The articles to be admitted, or prohibited, on either side, formed no part of the propos ed arrangement. Each pjfrty would retaiu the right to admit m prohibit such articles, from the other, as it thought proper, and on its owu con dition. V /' * When the nature n t tire commerce between the United States and ever$ other country was takwn into view, it u as thought thirl this proposition would he consiihred fair, and even liberal, by emy power. I he ex ports ol thr. United Htates rcn?i?*l ^cuc rally of articles of the Hist ue* ccssitv. nnd of rude n?alerials in de- 1 in a nil for foieigu ma i u;?u lories, of peat bulk, requiring foi their trans portation many vessels, the return for w hicb, i? the manufactures and productions uf any foreign country, even when disjnwed of there to ad i vantage, roaj be brought in a single vessel. This observation is more especially applicable to those coun tries from w^di manufactures alone | are imporieu^iut it applies, in a I great extent, to the European do- I minions of every European power, I and, in a certain extent, to all the I colonies of those powers. By plac- I ing, llieiu the navigation precisely I on the same ground, in the trauspor- I tat ion of exports and imports^ l>e- I countries, it was presumed that all 1 was offered which could be desired, I It seemed to he the only proposition | which could be devised, which would I retain even the semblance of equali- I ty in our favor* ? ? _. * I Many considerations of great I weight gave us a right to expect that 1 this commerce should l>e extended to I the colonies, as well as to the Euro- I pean dominions, of other powers. I With the latter, especially with I countries exclusively manufacturing, I the advantage was manifestly on I their side. An indemnity for that I loss was ex|>ceted from a trade with I the colonies, and, Willi the greater] reason, its it was know ? tlnuoe snp- | (dies which the colonies derived fioui us were of the highest importance to I tltem, their labor being bestowed I with so much greater profit in the I culture of other articles; and be- I cause, likewise, the articles of wl'ch I those supplies consisted,, forming so [ large a pro|Kirtion of tins exports of I the L direct btaies, were never ad I mttted into any of the ports of Eu- I rope except in cases of great enter- | gency, to avert a serious calamity. I When no article is admitted which is | not required to supply the wants of | the party admitting it, and admitted I then, nut in favor of any particular I country, to the disadvantage Of oUiars* | but on conditions equally applicable I to all, it seems just that the articles I thus admitted and invited should be ] carried thither in the vessels of the 1 country affording such supply, and I that the reciprocity should be found I in a corresponding accommodation on the- other side. By allowing each I party,. o participate in the transporta-l tion of such suppliis, on the piiy-l nif.nl of equal tonnage, a. strong I proof was afforded of an arrommo- I dating spirit. To abfthrffttl to it the I transpot latino oOlfe whole would 1 be a sacrifice w hich ought not. to lie expected. i he demand, in tl?e pre- I sent instance, wonld be the more nil- J reasonable, in Consideration of the j inequality existing in the stale with I the parent country. > ??. bucli was- the hagis of onr sysftnh, I as established by the net of 1815, I and such its ttnfc character. In the ] eat* in which this net was pfissedj a treaty tyas cttitclufled wilU Griyti Britaitf, in strict conMimlfy uithjits punciples, in regai d lo her' Ktiro peaii dominions; however, in tlte West" Indies and on this continent, it was not extend ed, the British government claiming (lie exclusive supply of those colo nies, and from our own port*, ami of the productions of the colonies rn return, in her own vessels. To this claim the^ij liiinl bt*tes could not assent, and# in consequence, each party suspended the intercourse in the vessels i?f the other, hy a prohi bition, which still exists. ; The same conditions weft offered to trance, hut not accepted. Her Government has demanded other conditions, . mote favorable to her navigation, and \\ hicli should also $ive extraordinary encouragement to tier manufacture* and production*, m the polls of the United States. To these il wns thought improper to ac cede* and, iu CoftJttyUeoic, the re strictive regulations, uiiuli had lieen adopted on tier pari, lieing counter* mailed on thr part of the United states, the Anect commerce, he <? ween the two countries, in the Ves af each |)aity# ha* teen m a -rent moaiiire suspended. It U much to rrfcrfllt'tl, thai, although u negotiation has l*en pending, such is x he diversity of view* enter tained, oil tin4 various points, which have been brought into discission,! that there does not apjK-ar to Ikj any reasonable prosj>eci of its carl} con clusion. It is my duty to Mate, as a cause of very great regret, that very serious diflefences have occurred, in this ne gociation, respecting the construction of the 8th artic le of the Treaty 4C 1803, whereby Louisiana was ceded to the United States, and likewise respecting the seizure of the Apollo, in 1820, for a violation of our reve nue laws. The claim of the Gov ernment t>f France has excited not less surprise tliau concern, because there does not appear to he a just foundation for it in either instance. By the 8th article of the Treaty re ferred to, it is stipulated that, after the expiration of twelve years, dur ing which it was provided, hy the preceding or 7th article, tlrat the ves sels of France and Spain should l?e admitted into the ports of the ceded Territory, without paying higher du ties on merchandize* or tonnage, 4hanj such as were paid by the citizens of j the U. States, the ships of France; should forever afterwards he placed j 011 the focting of the most favored nations. Bj tfie obvioufc construc-l Hon of this article, 4H? pie sinned that it was intended, that no favor should he granted to any power, in those ports, to w hich France should not he forthwith entitled; nor should any. accommodation be allowed* to an other power, on conditions, to whipli she would not, also, he entitled upon the same conditions. Under this construction, no favor, or accommo dation, could he granted, toaoyspow*; er, to the prejudice of France. > allowing the equivalent, allowed to those powers, she wonhjt'. always stand, in those ports, on the footing of the most favored nit ion. Rut if this Article should he so construed, as that France should enjoy, of right, and without paying the equivalent* .all the advantages of such condi-j tions, as might he allowed to other powers, in return for important con cessions made hy them, then the whole character of the stipulation would he changed* ?. She. would not !?e placed on the footing of the most ? favored nation, but on a footing held hy no Other nation. Hhe would qn joy all the advantages allowed "to "them, in consideration of like advan ces allowed to us, free from eveijy, and any, condition, whatever. 2 As little cause : has the Goveiin 1 ment of France to complain, of the seizure of the" Apollo, and the remo val of other vessels, * from the waters of thf St. MarvV . "ft will hot W i 9 ' 1 ? ' 4 l 4 ' 1 ' ' ' ^ ' ' . ' ? denied, that every nation baa a right to resume its commercial system, fis ?i* thinks fit. and to Enforce the colletN tion of i*s revenue, provided it he dore, without an invasion of the fighltcof other powers, The violn lion of its revenue laws is an offence, which all nation# punish the ptm ishtnent of w hich, gives no just caifae of compUhrt, to the |rt>wer to which ^ the offewlers belong# i^wrlKled it he extended to nil equally'. In ( his case, every circumstance which oc f^Kiri e?1, indicated a fixed purjmse to violate our revenue lawn. Had the fwirfy intended to have pursued a fair . rade, he wonld have entered oar ports, nnd paid the duties; or had be intended to have carried on a legiti mate circuitous commerce, with the United Htates, he would have enter ed the port of gome other powir. landed his goods at the custom hoiise iTCCiWltng hrtatv, and reshipped a|d sent them In the vessel of s*ich pow r, or some other power which mi^ht lawfully hrin$ them, free from.such duties, to a port in the United States. But the conduct of the party ill this case was altogether diflVrent. He entered the fiver St. Mary's, (he boundary between the United State* and Florida, and took his position on the 8pan??h side, on which, in th< whole extent of the river, there wa? no tow n, no port, or custom atiti scarcely any settlement* house Hi* purpose, thrieiore, was not to hi* goods Ui (lie inhabitants of Flor ida, hui lu cilizciM of the U. Stales^ in exchange for (heir ptoductious, which could nut be done Without a direct and | ?a I pnble breach of our Uv\s. It is known that a regular systematic plan had beeu fornu^ by certaiu other persons for the'vidiKion of oor revenue system, which made it more necessary to check the proceed ing in its commencement. Thai the unsettled bank of a river so remote (rum the Spanish garrisons aixl populiuinn could give no protec tion io any party, in wit'h a practice, is believed to be in strict accord w ith the law or nations. It vxould uot have comported with a friendly poli cy^,to Spain herself, to have_?Htab llsWd a raston housethere, since it could have subserved no other pur pose, than to elude our reveuue laws. Hut the Gemmuent of Spain did not adopt that measui$. On ttie contra ry, it is understood, that tl?e Captain General of Ciiba, to whom an appli cation to that effect was made, by { these adventurers, had not acceded to ] it. The condition of thuse provinces for many years before they were ced ed to the United States, need not, now , be dwelt on. Inhabited by dif- j ferent tribes of Indians, ail Inroad Cor ' e very-kind of adventurer, the juris diction of Spain may be said to have been, almost exclusively, confined to her gam^mru It certainly could not extend to places where she bad no | authority. The rules therefore, ap plicable to settled countries, governed by laws, could not lie deemed so, to the deserts of Florida, ?nd to tha oc currences there. It merits ?ttntffiSl | slso, that the Territory had been ceded to the Ubited,%fctates,;? by a; treaty, .the, ratification of which had not refusal, and which has sine*} been performed, tinder such cir cumstances, therefore, Spain became less responsible for such *acts com mitted there, and the United States^ more at IHierty tq exercise authority,! to prevent so great a mischief. The' conduct of this Cjoverntrient lias, in every instance, been conciliatory and friendly to France. The construc tion of our revenue la*r?. ill its appli cation to the cases, which have torm ed the ground of such serious com pl*kit-on her part* and theordsr, to the Collector of St. Mary's, in ac cord with it, were given two years l>efore these cases occurred, nnd in reference to a breach* which wits at tempted by the subject i of another power. Its application therefore, to the yises in question, \vn a inevitable. As soon as the treaty, hy which these provinces w ere ceded* to the United States, was ratified, all danger of further hfyach or oqr teveuuc laws ceased, au order w*s given fqr jhe release of tittl vessel, which had t>een seized, And for the dismission of the libel, , which, had been if is ti tqtod ?sa?wtfcln i ? f-'l The princi pies of this system of reciprocity, ^ founded (Hi- "the law of the ?l of^ Match, <#?. Hiuce enmed into effect . with .the Kingdom of the Netherlands* Swe den, Prussia, and with JJamburg, Bremen, Lubeck, and Oldenburg, Mtli a provision made by mlin> quent laws, in regard to theNtither lands, Prussia, Hamburg, and Bre men, that such produce and manu facture, *as could only be, or most usually were, first snipped from the Kris of these, countries, the same lug inn Kir ted *D vessels, wholly belonging to tlieir subjects, should be considered and admitted is their own manufacture* and productions. Th? government of Norway lias, by an ordinance, opened the ports of that part of the dominions of the King of Sweden, to the vessels of l tie United States, upon the. |iay ment of no other or higlier duties, han me paid hy the Norwegian ves wis, from whatever place arriving, tnd with whatever articles laden. I hev have requested the reciprocal allowance for tlie vessels of Nor-' I way in Ihe ports of the United, ?Mates. As this previlcge is not viUiitr the scope e I lie a< t of the , id of March, 181;% and I can only i oc prattled hy i'ougress; and as it way involve the commercial relations of th* U ition with olUct .t*n?s the subject is submitted lu the >s u dom of Congrvss. 1 have presented thus fully to your view our commercial rtl.it ion* \%ith Imbiber powers, that, teeing them in | detail with each power, and know ing&lMjptiasis on which they rent, Congress may in its wisdom dei ide, whether any change ought to he ?arte, and, if any, in what respect. If this basis h unjust or unreasouu* hie, surely it ought to l>e abandon* ed ; hut if it be just and reasonable, and any change in it w ill make n il cessions subversive of the principles of equality,, aud tending in its con* ^sequences to sap the foundations of I our prosperity, then the reasons am equally strong, for adhering to the pound already taken, and support ing it by such further regulations as may appear to he proper, should any additional support hi fouud ne? cessary. - * The ? question concerning the awfi struction of tike Arst article of the treaty of Ghent, has been, b\ a joint act of the Representatives of the United b tales, and of (it eat Britain, at the court of St. Peters burg, submitted to the decision of his Imperial Majesty, the Emperor of Hussia? The result of that sub* mission has ^not yet received, j The Commissioners under the 5tli article oL the treaty ndt^having ln en able to agree upon tlieir decision, their reports to tka two Governments, coutoraiably to the provisions of the treaty, may be expected at an early thetrefctyof Febru ary ??d, 1810, has beeq partly <**? rie*- into execution. Possession of East aud West Warty* Jim teen given to the United States, lint the officers charged with ihnt service. I>y an order from bis CatltoUe .Vlpjesty, delivered, by his Alinisie*,tathe S?. cretury of tetate, and tr(Hi?wiitt'(V liy .?special agent to. the Captiao Gene ral of Cuba, , to whom it was direct* ed, and iajgtaa the gov???mw?t of L those provinces was .vested, b?V? I not only. emitted, in contravention of the orders of , tlieir sovereign, tho performance of the express stipula tion, to deliver over the archives and ?l i_ < ? ?- - * * ^ all of * which M wn expected would when the troop* were withdrawn, bat defeated, aince* every effort of -the United States lo obtain them, espe cially those ot the greatest imj ance. This omission Iim given toaeveral ^inckleitt* of a painful oat tore, the ' character of which will (na fuWy disclosed, by*' the dorcmetjjfc which will hereafter be eommuuicat i i/ m ?PT, m in every other circumstance 'tM law of the 3d of March lawt, fr>r carrying into eff.ct that treaty Jian hecn ilnly attended to. AW the ex* ecotif rr of that part Which pro-sen rd in force, for the government ?fj tfc4 inhabitants, fbr the'ltertW' Rifled, all the civil, mithary,' and judicial (towers, exitoise'd hy the existing government of those provinces, nil adequate nnmlier of olncers, as was presumed, wen appointed* and' be itered to their rttjtetfKd station*. - Both provinces wei*e formCt} into onO territory, and a governor appointed for it, hut, in consideration of ilia pie-existing division, and of the dis tance and difficulty of communication, between Pensacols, the residence of the Glovetrnof of West lTlorida, and 8t. Augustine, that of the Governor < the considerallie population of each* ?province was print ? pa I J celleckd, | iwi? ftectetarie* were af^ioiuled, one b Made at Pensacota, and tfe? o bcr , at 81. A ugutuine. Due attention wa? i likewise paid to the execution of the laws of the United &tatcft renting lo the revenue, and the slave trade, which were extended to thfefte pro? vitices. The whole territory wat divided into three collection di?t?icta, thai part lying between tlie river 8u Mary's and Cape Florida, forming - one, thai from the Cape |o (lie Api? lachicolsp another, and that frwn this