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from Callao, had also arrived at Valparaiso."
The U. S. steam frigate Mississippi s oken on the reason of such alleged right, title, authority, privi-| We think that the present time, when arrange 29th ult, off the Delaware, has arrived at Pensacola. leges protection, or exemption, so set up and claim-ments are in progress for the removal of so many o The U. States frigate United States 40 days from that the same exists in fact, and has been duly prov- and Great Britain, is an auspicious occasion for soed, and the law of nations applicable thereto, and the causes of difference between the United States Rio Janeiro, arrrived at Valparaiso, May 5, and pro-ed to the said justice or judge then it shall be the liciting from the latter an act of mercy towards the bably remained on the 14th. The store ship Rebel duty of the said justice or judge forthwith to dis- citizens of the former, thus attesting in the strongest charge such prisoner or prisoners accordingly. And manner, the reciprocal good feeling, by which both The U. S. steamship Missouri, capt. J. S. Newton, if it shall appear to the said justice or judge that governments are actuated. arrived at Wiscasset on the 1st inst. from Thomaston. such judgment of discharge ought not to be render- We therefore would most respectfully submit to She was to remain a few days, and would then pro-ed then the said prisoner or prisoners shall be forth- your consideration the propriety and wisdom of imceed to Eastport, and returning, touch at Portland. with remanded: Provided, always, That from any de-mediately applying to the British government for the Boston, Newport, &c. cision of such justice or judge an appeal may be release of those citizens of the United States. We taken to the circuit court of the United States for have the honor to be, very respectfully, the district in which the said cause is heard; and (Signed)
NAVAL REGULATION. When a commander shall be attached to a ship of the line, or a frigate, bearing the broad pennant of a commander of a squadron, or station, he shall be considered as the executive officer of the ship, and shall have an apartment and
mess in the ward room.
A. P. UPSHUR.
from the judgment of the said circuit court to the supreme court of the U. States, on such terms and under such regulations and orders, as well for the custody and appearance of the prisoner or prisoners. as for sending up to the appellate tribunal a transcript of the petition, writ of habeas corpus returnThe U. S. ship Constellation, Commodore Kear-ed thereto, and other proceedings, as the judge hearney, was at Macao at last advices. The U. States ship Boston left Macao for Manilla on the 30th of March.
Navy department, 30th April, 1842.
Pacific squadron. Letters from Commodore Jones, dated on board the frigate United States, May 31, at Callao, inform us that the St. Louis, Yorktown, Cyane, and schooner Shark, were at that place. All well-no news. The St. Louis was to sail the 30th May, bound home. [Nat. Int.
Circular of the the commander of the American squadron on the Chinese waters,
U. S. S. Constellation,
ing the said cause may prescribe; and pending such
Approved, August 29, 1842.
To the president of the United States.
Department of state, Washington, Aug, 27th, 1842. GENTLEMEN: The president has referred to me your letter to him, of the 10th of this month, asking for the interposition of the good offices of the government in behalf of sundry citizens of the United States, now held prisoners at Van Dieman's Land, on conviction of offences growing out of the revolutionary movements in Canada, some years ago; and has instructed me to adopt such course on the subject as may be most likely to promote the object which you have in view.
The considerations which you state, gentlemen, are undoubtedly such as may justify the exercise of clemency on the part of the British government towards these persons. They have been transported half round the globe to a penal colony, have already suffered much and long; and many of them have sympathize deeply in their fate. For the purpose of friends and connections in the United States, who example, it would seem that it would be hardly usethat other questions of difference have been settled, the borders, their release would be a happy and proand that undisturbed peace may be expected along per consequence of the pacific arrangements recently entered into between the two governments.
The Texian prisoners, on the eve of their departure from the city of Mexico, addressed a letter to tains a shipping report in which is the name of an in which they express their grateful feelings for the the hon. WADDY THOMPSON, Our minister to Mexico, American vessel engaged in carrying opium-therefore, I beg you will cause to be made known with zeal and ability with which he had urged their reequal publicity, and also to the Chinese authorities, storation to liberty, and the kindness and benevo-ful to continue their punishment longer. And now, by the translation of the same, that the government lence which he had extended to them during their of the United States does not sanction "the smug-THOMPSON was highly felicitous and full of that elepainful confinement in prison. The reply of Gen. gling of opium" on the coast under the American vated tone of patriotic feeling which so pre-eminentflag, in violation of the laws of China. Difficulties arising therefrom in respect to the ly characterizes the productions of his pen. seizure of any vessel by the Chinese, the claimants certainly will not, under my instructions, find support, or any interposition on my part after the publication of this notice. I am, very respectfully, your obedient servant, (Signed), L. KEARNEY,
Commanding the U. S. East India squadron. To the U. S. consul, or the vice consul at Canton.
On dit. The American merchants will now demand satisfaction for the gross outrage committed by the Chinese authorities on the boat of the Morrison, and the murder of one of the crew, and if necessary, both the Constellation and Boston will vindicate the honor of the United States flag by exact ing from the Chinese satisfaction for a most treacherous violation of international law.
[Balt. Amer. CORRESPONDENCE IN RELATION TO AMERICANS SENT
TO VAN DIEMAN'S LAND.
House of representatives, Aug. 10th, 1842. SIR: We beg leave to address you in behalf of sundry citizens of the United States held prisoners by the British government in its penal colony of Van
It is represented to us that upwards of one hundred citizens of the United States are thus held captive at the present moment.
They are chiefly young men of the state of New York, who, during the late revolutionary movements in Canada, conceiving that the struggle there was analogous in principle to the revolutionary war of their own country, volunteered their services in aid, Col. de Janeigny, French commercial agent, and as they were induced to suppose, of the people of Mr. Challaye, the vice consul. have had a prolong- the British provinces in arms for independence. ed and secret conference with Yihshan and Kekung, Being taken in arms against the established gothe governors of Canten, not at their official residen-vernment of those provinces, and found amenable ces, but at the country house of Tinqua, the son of to its criminals laws, they were sentenced to the punthe late hong merchant of the same name.
AN ACT to provide further remedial justice in the
courts of the United States.
ishment of transportation to Van Dieman's Land.
Though convicted and sentenced in due form of law, for the acts committed by them, yet the crimes charged were of a political nature; a class of offences, in regard to which it is common for one government to interpose amicably in behalf of its subjects held captive by another government.
I shall communicate your letter, without delay, to her Britannic majesty's minister plenipotentiary and special; and respectfully urge him to press the consideration of your request upon the attention of his government.
And I will add, gentlemen, that I enertain the strongest hope, that this interposition will, at the present moment be effectual, and that these mistaken and misguided young men will soon be returned to their country.
I have the honor to be, gentlemen, with great respect, your obedient servant, (Signed) Hon. C. Cushing, Fernando Wood, & Chas. G, Ferris.
Washington, Aug. 16th, [1842.] Sir: I herewith transmit to you, by direction of her majesty's government, six gold medals, bearing the portrait of her majesty's, the queen, which the British government desire to present to the commanders of the United States vessels named in the accompanying list, in acknowledgment of the services rendered by them in saving the lives of British seamen, subjects of her majesty.
I have the honor to request that you will be pleased to cause these medals to be delivered to the respective commanders on the part of her majesty's government.
List of gold medals transmitted to the secretary of state of the United States:
1. For captain Depeyster, of the packet ship "Sheridan," of New York, for saving the crew of the British barque "Zephyr"" of Newcastle, in November, 1840.
Be it enacted by the senate and house of representatives of the United States of America in congress assembled, It seems to us that the accomplishment of this obThat either of the justices of the supreme court of ject is one, which it would be honorable and just for the United States or a judge of any district court of the federal government to attempt, by application to the United States, in which a prisoner is confined, in that of Great Britain. addition to the authority already conferred by law. shall have power to grant writs of habeas corpus in all cases of any prisoner or prisoners in jail or confinement, where he, she, or they, being subjects or citizens of a foreign state, and domiciled therein, shall be committed or confined, or in custody, under or by any authority or law, or process founded there- These individuals, in volunteering to enter Canaon, of the United States, or of any one of them, for da, deemed themselves to be exercising rights of or on account of any act done or omitted under any emigration, and of action in foreign war, appertain- 2. For captain James A. Wootton, of the packet alleged right, title, authority privilege. protection, ing to them as citizens of the U. States; and it was ship "Rhone," of New York, for saving the lives of or exemption. set up or claimed under the commis- not till many of them had actually been made pri- the crew of the British barque "Belinda," of Troon, sion, or order, or sanction, of any foreign state or soners in Canada, that they became aware that they David Mac Nichol, master. Sovereignty, the validity and effect whereof depend were proceeding in violation of the laws of their upon the law of nations, or under color thereof. own country as well as those of the British provinAnd upon the return of the said writ and due proof ces. of the service of notice of the said proceeding to the They have already been severely punished; and, attorney general or other officer prosecuting the pleas for public effect, their liberation would, it seems to of the state, under whose authority the petitioner us, be more useful in preserving the peace of the has been arrested, committed, or is held in custody, to frontier than their longer detention.
be prescribed by the said justice or judge at the time We cannot but hope, therefore, that the federal of granting said writ, the said justice or judge shall government, which has recently exerted itself so proceed to hear the said cause; and if upon hearing efficiently for the release of citizens of the United the same, it shall appear that the prisoner or prison- States detained in Mexico, may be induced to extend ers is or are entitled to be discharged from such con- its parental care to these, also, who are confined in finement, commitment, custody, or arrest, for or by Van Dieman's Land.
3. For captain T. B. Cropper, of the packet ship "Columbus," of New York, for saving the lives of the master and crew of the vessel "Leonidas," of Belfast, in November, in 1840.
4. For captain W. C. Thompson, of the packet ship "Stephen Whitney,', of New York, for saving the master and crew of the schooner "Despatch," of St. Johns, Newfoundland, in November, 1840. 5. For captain Alexander S. Palmer, of the packet ship "Garrick," of New York, for saving the lives of master, mate, and crew of the brig "Eugenia," of St. Johns, New Brunswick, in December,
6. For captain Stoddart, of the packet ship "Ville de Lyon," of New York, for saving the lives of the master and crew of the British brig "Britannia," in November, 1840.
I have the honor to be, sir, with high consideration, your most obedient and humble servant, (Signed) H. S. Fox. The hon. Daniel Webster, &c. &c. &c.
Department of state, Washington, 19th Aug. 1842. Sir: I have received the letter which you did me honor to address to me on the 16th instant, transmitting, by direction of the British government, six medals bearing the partrait of her majesty, the queen, which the British government desires to present to the commanders of the United States vessels named in an accompanying list, in acknowledgment of the services rendered by them respectively in saving the lives of British seamen, and requesting me to cause these medals to be delivered to the respective commanders on the part of her majesty's government. I shall have great pleasure in forwarding these testimonials to those for whom they are destined; and I assure you that the government of the United States justly appreciates the honorable motives which have led the British government to the manifestation of respect towards well-deserving citizens of the United States. The dangers and accidents of the sea naturally create a feeling of brotherhood among mariners of all nations, and great interests of humanity are connected with the cultivating and strengthening of this generous and noble feeling. Be pleased to accept the assurance of my distinguished consideration.
late act of congress under the new census. As both, and had come to no definite result when the special
1. Suffolk and Queens.
4. 6, 7, 10, 13.
6. 11, 12, 15, 16, 17.
7. Westchester & Rock
8. Putnam & Dutchess. 9. Orange and Sullivan. 10. Ulster and Delaware. 11. Columbia & Greene.
18. St. Lawrence
21. Otsego & Schoharie.
It seemed entirely proper that, if this purpose were 17. Herkimer and Mont-entertained, consultation should be had with the authorities of the states of Maine and Massachusetts.and Letters, therefore, of which copies are here with communicated, were addressed to the governors of those states, suggesting that commissioners should be appointed by each of them, respectively, to repair to this city and confer with the authorities of this government, on a line by agreement or compromise, with its equivalents and compensations. This suggestion was met by both states in a spirit of candor and patriotism, and promptly complied with. Four commissioners on the part of Maine, and three on the part of Massachusetts, all persons of distinction and high character, were duly appointed and commissioned, and lost no time in presenting themselves at the seat of the government of the United States. These commissioners have been in correspondence with this government during the period of the discus30. Steuben & Allegany. sions; have enjoyed its confidence and freest commu31. Chautauque and Cat-nications; have aided the general object with their counsel and advice; and in the end, have unanimously signified their assent to the line proposed in the treaty.
23. Madison & Oswego.
27. Seneca and Wayne.
14. Washington and Es- 28. Monroe.
29. Ontario and Livings
34. Niagara and Orleans.
matter was laid upon the table-58 to 36.
Ordinarily, it would be no easy task to reconcile and bring together such a variety of interests in a matter in itself difficult and perplexed; but the efforts of the government in attempting to accomplish this desirable object, have been seconded and sustained by a spirit of accommodation and conciliation on the part of the states concerned, to which much of the success of these efforts is to be ascribed.
Connected with the settlement of the line of the
north eastern boundary, so far as it respects the states of Maine and Massachusetts, is the continuation of that line along the highlands to the northwesternmost
Henry S. Fox, esq. &c. &c. &c. TREATY WITH THE SENECAS OF NEW We have the satistaction to announce the ratification, by the senate, of the treaty concluded at Buffalo in March last, by the honorable AMBROSE SPENCER in behalf of the United States with the Seneca nation of Indians. Few can have forgotten the excitement produced by the treaty of 1838, by which the Senecas ceded the whole of their reservations to the Ogden company. Much complaint was made of the alledged unfair means by which that treaty was obtained, and the religious Society of Friends throughout the country so warmly espoused the cause of the Indians, and exerted themselves so actively, that a resort to force or to proWhen the treaty which had been concluded betracted litigation seemed to be the only alternatives. tween Lord ASHBURTON and Mr. WEBSTER was comThe whole affair was in the worst possible condition municated to the United States senate by the presiwhen president TYLER took it in hand in November dent, he accompanied it with the following: last. Under his direction, and by the unwearied efforts of the war department, the Quakers represented chiefly by the excellent P. E. Thomas, of Baltimore, and the Ogden company, were brought together, and terms of mutual compromise were arranged by which justice was done to the Indians and the rights of the company, and the interests of the United States were preserved.
The Senecas cede two of their reservations, the Buffalo and Tonewanda, for a fair consideration for the soil and the improvements, and retain two, the Cattaraugus and Chautauque. Those who choose to emigrate to the west, under the provisions of the treaty of 1838, are at liberty to do so. But it is supposed that the great body of the nation will remain upon and cultivate the two reservations retained, which are sufficient to allow about 200 acres of land to each family.
FROM THE PRESIDENT OF THE UNITED STATES TO THE
head of Connecticut river. Which of the sources of that stream is entitled to this character, has been matter of controversy and of some interest to the state of New Hampshire. The king of the Netherernmost head of the Connecticut. This did not satisfy the claim of New Hampshire. The line agreed to in the present treaty follows the highlands to the head of Hall's stream, and thence down that river, embracing the whole claim of New Hampshire, and establishing her title to 100,000 acres of territory, more than she would have had by the decision of the king of the Netherlands.
By the treaty of 1783, the line is to proceed down the Connecticut river to the 45th degree of north latitude, and thence west by that parallel, till it strikes the St. Lawrence. Recent examinations having asnate the results of the negotiations recently had in certained that the line heretofore received as the this city with the British minister, special and extra-true line of latitude between those points was erroordinary.
I have the satisfaction to communicate to the se
These results comprise,
1st. A treaty to settle and define the boundaries between the territories of the United States and the possessions of her Britannic majesty in North America, for the suppression of the African slave trade, and the surrender of criminals, fugitives from justice, in certain cases.
neous, and that the correction of this error would not only leave, on the British side, a considerable tract of territory, heretofore supposed to belong to the states of Vermont and New York, but also Rouse's Point, the site of a military work of the United States, it has been regarded as an object of importance, not only to establish the rights and jurisdiction of those states, up to the line which they have been consider
2d. A correspondence on the subject of the inter-ed to extend, but also to comprehend Rouse's Point ference of the colonial authorities of the British West Indies with American merchant vessels driven by stress of weather, or carried by violence into the ports of those colonies.
within the territory of the United States, The relinquishment by the British governmeut of all the territory south of the line heretofore considered to be the true line, has been obtained, and the consideat-ration for this relinquishment, is to enure by the provisions of the treaty to the states of Maine and Massachusetts.
Thus has terminated one of the most difficult and preplexing controversies which has ever grown out of our Indian ralations. Peace is restored, justice is attained, the rights and interests of all are main- 3d. A correspondence upon the subject of the tained; a large tract of country, of about 70,000 tack and destruction of the steamboat Caroline. acres of the very best land in western New York, 4th. A correspondence on the subject of impressThe line of boundary, then, from the source of the contiguous to one of the most flourishing cities in the ment. Union, is opened to the industry and enterprise of the If this treaty shall receive the approbation of the St. Croix to the St. Lawrence, so far as Maine and white man; the Indians are removed from the scenes senate, it will terminate a difference respecting boun- Massachusetts are concerned, is fixed by their own consent and for considerations satisfactory to them; of temptation which they were incapable of resisting, dary which has long subsisted between the two go- the chief of these consideratious being the privilege and Buffalo, instead of a howling wilderness, will vernments-has been the subject of several ineffecnow have around her cultivated farms and gardens, tual attempts at settlement, and has sometimes led of transporting the lumber and agricultural products yielding the supplies demanded by her markets and to great irritation, not without danger of disturbing grown and raised in Maine on the waters of the St. [Madisonian of 27th Aug. the existing peace. Both the United States and the John's and its tributaries down that river to the states more immediately concerned, have entertained ocean, free from imposition or disability. The imno doubt of the validity of the American title to all portance of this privilege, perpetual in its terms, to the territory which has been in dispute; but that title a country covered at present by pine forests of great was controverted, and the government of the United value, and much of it capable hereafter of agriculStates had agreed to make the dispute the subject of tural improvement, is not a matter upon which the THE LEGISLATURE. Both houses having on Tues- arbitration. One arbitration had been actually had, opinion of intelligent men is likely to be divided. So far as New Hampshire is concerned the treaty day last agreed upon an apportionment bill, it was but had failed to settle the controversy, and it was sent to Gov. SEWARD, and by him was immediately found, at the commencement of last year, that a cor- secures all that she requires, and N. York and Versigned and returned. The extra session was then respondence had been in progress between the gov-mont are quieted to the extent of their claim and occlosed, having been three weeks occupied in district-ernments for a joint commission, with an ultimate cupation. The difference which would be made in ing the state-the majority refusing so legislate on reference to an umpire or arbitrator, with authority the northern boundary of these two states, by conany other subject. New York is the first state of to make a final decision. That correspondence, necting the parallel of latitude, may be seen in Tanthe Union, officially to recognize and carry out the however, had been retarded by various occurrences, ner's maps, (1836) new Atlas. Maps Nos. 6 and 9.
STATES OF THE UNION.
District of Columbia,
161 Grand total value
GOVERNOR SEWARD'S MESSAGE.
polis with an element indispensable to health, com- adjudicated. It is, therefore, believed that the pri-
Rhode Island has been made a theatre of resist-
Aided by the liberal interposition of the president
I have great pleasure in informing you that the
The discipline in the state prisons now blends kindness and religious instruction with regular but not oppressive labor, and is producing results propitious to morality and consoling to virtuous sympathy; but I deeply regret the failure of all my efforts to induce the legislature to prevent the growth of crime by reform in the construction of houses of detention and correction, and in the government of such insti
The people of Rhode Island nobly sustained their government, without the aid they had a right to expect from the federal executive; and measures have since been adopted by their legislature, designed to allay the public discontent and satisfy just claims for an enlargement of suffrage.
The long delayed negotiations between the United States and Great Britain are supposed to be on the eve of completion by a treaty in which our northern boundary will be readjusted, so as to secure to this state an accession of territory on the shore of Lake Champlain important to its defence against future aggression, and controversies which have endangered the peace of the two nations, will be permanently settled on principles consistent with the national honor.
I have forborne to demand fugitives from justice who have fled to the British provinces, and also to surrender criminals from those provinces who have taken refuge in this state, from the time when the supreme court of the United States virtually decided that the powers necessary for those purposes were exclusively national, and therefore belonged to the federal government. The governor general of British North America, however, surrendered fugitives upon my informal request, until instructions, very recently received from the royal government, have obliged him to discontinue such courtesies. The evils resulting from the facility with which offenders against the laws of either country may secure impunity for their crimes, are so great, that I have thought proper to invoke the constitutional interposition of the general government, in the hope that the subject might find a place among the matters in negotiation between the two nations.
I have also considered it due to the cause of hu
manity, to address the chief magistrate of the union in behalf of unfortunate citizens of this state suffering the penalties of exile and imprisonment in an island of the Pacific ocean, for political offences committed under the influence of natural but misguided sympathies for the inhabitants of the British provin ces on our border.
Immigration was, during the last year, checked by alarms of war, but an increased tide is now setting into the country. Our thoroughfares are enlivened with families; and even small communities from the British Islands and continental Europe, with their property, their teachers, and their pastors, are seeking homes among us, and a participation in our social and political enjoyments. Viewing this as an important and rapidly increasing element of national strength and greatness, and regarding all prejudices against any portion of the common family of mankind on account of the accidents of birth, laws, language or religion, as unwise and deeply injurious, I renew my recommendation heretofore made for removing the disabilities by which resident aliens are embarrassed in acquiring, holding and transmitting real estate.
A spacious aqueduct has been constructed, by The terms in which the supreme court of the U. which the Croton river, having been raised to the States assigned reasons for their judgment, in a reheight of one hundred and sixty-six feet above tide, cent case between Maryland and Pennsylvania, is diverted from its natural channel in Westchester would invalidate every state law concerning fugitives county, conveyed nearly forty miles over formidable from justice, which should fail to facilitate the cap- I regret to inform you that the tolls received on inequalities of surface, and across the Harlem river, ture, even without legal process, of persons claimed all the canals during the present political year, comand discharged into capacious reservoirs, from which as slaves, whether they had ever been subjected to pared with the amount collected during a similar the waters are dispensed throughout the city of New servitude or not; but the authority of the decision portion of the last year, exhibit a diminution of one York. This new and successful achievement in the cannot be extended to cases presenting facts mate-hundred and seventy-seven thousand six hundred and march of internal improvement, provides the metro- rially varying from those which marked the case thus ninety-seven dollars; that the amount of duties re