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in virtue of this letter patent, and in the capacity of
Commissary of the said general college of commerce,
shall receive annually the sum of twelve hundred doll-
ars in silver, in addition to the special appointments
which he may receive from the company of the South;
and that so long as he shall there continue, let all there
regulate themselves agreeably hereto. And we order
particularly to our General College of Commerce, to
place the said John Rysing upon their list of appropria-
tions for the said sum of 1,200 dollars, silver, causing
the same to be sent to him in due time every year.
Done as above,

CHRISTIANA.

L. CANTERSTEEN.

To the Chamber of Finances, in relation to the money necessary for the voyage of John Rysing, to New Sweden. UPSAL DEC. 12, 1653.

Christiana, &c.

Health to our friends and liege vassals, each and every of the counsellors of the Kingdom and of the Chamber. As we have granted and assigned to the Commissary of the College of Commerce, John Rysing, for his equipment and voyage to New Sweden, the sum of one thousand Rix Dollars, in consequence thereof we will and order, that you so direct, that he receive immediately and without delay the said 1000 Rix Dollars, particularly as our service and that of the kingdom requires that the vessel which has remained for a long time at Gottenburg, ready to sail, should depart for New Sweden, as aforesaid. By so doing you will fulfill our Gracious will, &c. Done as above.

CHRISTIANA.

L. CANTERSTEEN,

399

without a breach of friendship with the English and Dutch, or exposing to risk what we already possess.

3.

He should employ similar discretion in regard to the extension of the country itself, upon the western side of the river, so that if we can with prudence and propriety, and by means of the co-operation of the English and Dutch, without hostility or any risk to what we already possess, take possession of the land, and by that means extend our limits, we will employ to that end all our energy; proceeding along the shores of the river as far as it may be convenient for security and for com

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With respect to the fortress that the Dutch have built upon our coast, if he cannot induce them to abandon it by arguments and serious remonstrances and without resorting to hostilities, it is better that our subjects avoid the latter confining themselves solely to protestations, and suffer the Dutch to occupy the said fortress, than that it should fall into the hands of the English who are the more powerful, and of course the most dangerous in that country. But it is proper that a fortress be constructed lower down towards the mouth of the river, below that of the Dutch, in order to defend the passage, and render theirs useless. Employing, however, the mildest measures, because hostilities will in no degree tend to increase the strength of the Swedes in the coun try aforesaid, more particularly as by a rupture with the Dutch, the English may seize the opportunity to take possession of the aforesaid fortress, and become in consequence very dangerous neighbours to our possessions in the said country.

5.

In order to the success of the company, and for the benefit of the country itself, it is useful to employ every

To John Printz, Commandant of New Sweden, in means that may favor and facilitate commerce, therefore relation to the Company of the South.

UPSAL, DEC. 12, 1653.

Christiana &c. Health &c. Governor John Printz.The press of business and other obstacles have prevented us ourselves from regulating all those things which the importance and utility of the Company of the South and our own interests demand. We have, until that we shall be able to make other disposition, of the same placed this care in the hands of our general College of commerce. We therefore wili and order that you regulate yourselves according to the orders of the said college, doing and executing, for our service and benefit, for those of the kingdom, and of the said company, every thing that it shall enjoin and direct. By so doing you will fulfil our gracious will, &c.

CHRISTIANA.

L. CANTERSTEEN.

her majesty has judged it proper, and directs that immediately upon the receipt of this memoir, he observe strictly that no merchandize belonging to Swedish subjects which may arrive into or depart from the country, whether belonging to the inhabitants of New Sweden, not connected with the company, or to inhabitants of other provinces or countries, dependent upon the crown of Sweden, pay in duty or indemnity but two per cent. and even that the said merchandize be free of duty, &c. if sold inmediately to, or be employed in commerce, with the savages. And so soon as they shall return here with their merchandizes, the said persons shall be exempt from all duties. But foreigners, as well for merchandizes imported into, or exported from New Sweden, shall be obliged to pay Rix dollar for every hundred, and to such it shall not be permitted to ascend the river with their vessels as they may deem fit, nor to trade with the savages, but only with the company. With respect

Memoir for the Commissary John Rysing when he to the company, they shall retain the privileges already shall depart for New Sweden.

I.

UPSAL, DEC. 12, 1653.

a

As it is important to her Majesty, for purposes as well of security as of commerce, that the River of the South in New Sweden, where we have established harbour, be fortified, protected and defended as far as is practicable. The Governor of the said place should be careful, particularly, that the said river, with its harbours, its mouth, the entrance on the two coasts and its course upwards be, as far as is necessary and practicable, always in proper condition and at our disposal, as well in regard to the passage of the vessels which ascend the said river as for those which decend for the purpose of exporting those merchandizes which the country furnishes.

2.

granted to them by her majesty, that is to say, that there
as well as here, upon the transportation or exportation
of its merchandizes, whether of the kingdom of Sweden,
or of New Sweden, it shall pay neither duty nor import
to the crown.
6.

With respect to the duties which shall be levied upon foreigners or our own subjects, as well as the excises and other similar imports which shall be established in the country, it is the will of her majesty that they be employed in the defence of the country, to the profit and advantage of the company of the south, until her majesty shall hereafter explain herself in relation thereto.

7.

To encourage the cultivation of the land in New Sweden, her majesty has resolved and ordained, and it is the duty of the governor on the part of her majesty to assure every one, that all who wish to purchase portions As however the river is useless at those places where of land, either from the company or the savages, as subthe country on either coast does not belong to her ma-jects recognizing the jurisdiction of the crown of Swejesty, nor the company of the South, the Governor should content himself with securing the country by extending our possessions upon the two coasts as much as is possible, agreeably to justice and good faith, but

den, shall enjoy in respect to the lands thus purchased, all franchises and allodial privileges, themselves and their descendants forever; being assured that they shall be admitted into the company, or secured in the franchi

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Before the Governor of New Sweden leaves that country to return here, he shall render the Commissary Rysing an exact account of all the affairs of justice and police, and of the revenues of the company and similar subjects. But he shall place, in the mean time, and until new orders on our part, into the hands of John Amundson, all that relates to the military and to the defence of the country; establishing in the interim, a council formed of the best instructed and most noble officers in the country, of which Rysing shall be director-in such a manner, however, that neither he, in his charge, nor John Amundson as Governor of militia, in his, shall decide or approve any thing, without reciprocally consulting each other. The whole for the service and advantage of her majesty and of the company. To which end, the Governor shall give to them, until they shall receive new instructions from us, written directions which shall serve for their guide in order that all be executed with justice and security, and that the government of the place be duly maintained. Should, however, the Governor remain longer in the country, he shall accept, as commissary and assistant counsellor, the aforesaid John Rysing, and in the council those whom he shall judge the most proper; causiug, as he has been directed, the same to decide all affairs after deliberation and with a unanimous agreement.

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METEOROLOGICAL REGISTER,

26

31

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NOVEMBER, 1829

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KEPT AT CHILISQUAQUE, BY J.P. SANDERSON.

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In relation to these things the care of which has been particularly confided to Commissary John Rysing, the College of the Chambers confers upon him the full power and permission that her majesty has conccded to him, in which the instructions and memoirs which to him have been given, will serve as his rule of conduct.

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Lehigh Pioneer.

An idea of the value of property in Market street may be formed from the terms on which two stores are about to be erected near Fourth street. The lot is about thirty feet front, and is leased for ten years at the rent of $1,400 per annum. Two brick stores are to be built upon the lot by the lessee, which at the end of the term, become the property of the owner of the ground.-Y. G. Another idea of the value of property in Market street may be formed from the fact, that the rent of a certain store not a great distance from the lot above mentioned; has, within the last ten or twelve years, ranged from six hundred to sixteen hundred dollars.-Phila. Gaz.

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THE

REGISTER OF PENNSYLVANIA.

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

EDITED BY SAMUEL HAZARD.

VOL. IV.-NO, 26.

PHILADELPHIA, DEC. 26, 1829.

NO. 104.

PRESIDENT'S MESSAGE.

rest, be extended to the release of the debt, where r Continued from page 389.)

the conduct of the debtor is wholly exempt from the

imputation of fraud. Some more liberal policy than On an examination of the records of the Treasury, that which now prevails, in reference to this unforI have been forcibly struck with the large amount tunate class of citizens, is certainiy due to them, of public money which appears to be cutstanding and would prove beneficial to the country. The Of the sum thus due from individuals to the govern- coutinuance of the liability, after the means to disment, a considerable portion is undoubtedly despe- charge it have been exhausted, can only serve to rate; and in many instances, has probably been ren- dispirit the debtor, or where his resources are but dered so by remissness in the agents charged with partial, the want of power in the government to its collection. By proper-exertions, a great part, compromise and release the demand, instigates a however, may yet be recovered, and whatever may fraud, as the only resource for securing a support to be the portions respectively belonging to these two his family. He'thus sinks into a state of apathy, clases, it behoves the government to ascertain the and becomes a useless drone in society, or a vicious real state of the fact. This can be done only by the member of it, if not a feeling witness of the rigor and prompt adoption of judicious measures for the col- inhumanity of his country. All experience proves lection of such as may be made available. It is be- that oppressive debt is the bane of enterprise; and lieved that a very large amount has been lost thro' it should be the care of a republic not to exert a the inadequacy of the means provided for the col- grinding power over misfortune and poverty, lection of debts due to the public, and that this ina- Since the last session of Congress, numerous frauds dequacy lies chiefly in the want of legal skill, habi- on the treasury have been discovered, which I tually and constantly employed in the direction of thought it my duty to bring under the cognizance the agents engaged in the service. It must, I think, of the United States' Court for this district by a be admitted, that the supervisory power over suits criminal prosecution. It was my opinion, and that brought by the public, which is now vested in an of able counsel who were consulted, that the cases accounting officer of the treasury, not selected with came within the penalties of the act of the 17th a view to his legal knowledge, and encumbered as Congress, approved 3d March, 1823, providing he is with numerous othcr duties, operates unfavor- for the punishment of frauds committed on the ably to the public interest.

Government of the United States. Either from It is important that this branch of the public ser- some defect in the law or in its administration, vice should be subjected to the supervision of such every effort to bring the accused to his trial under professional skill as will give it eficiency. The ex- its provisions proved ineffectual; and Government pense attendant upon such a modification of the ex- was driven to the necessity of resorting to the vague ecutive department would be justified by the sound- and inadequate provisions of the common law. It est principles of economy. I would recommend, is therefore my duty to call your attention to the therefore, that the duties now assigned to the agent laws which have been passed for the protection of of the treasury, so far as they relate to the superin- the Treasury. If, indeed, there be no provisions tendence and management of legal proceedings, on by which those who may be unworthily entrusted the part of the United States, be transferred to the with its guardianship, can be punished for the most Attorney General, and that this officer be placed on flagrant violations of duty, extending even to the the same footing, in all respects, as the Heads of the most fraudulent appropriation of the public funds other departments-receiving like compensation, to their own use, it is time to remedy so dangerand having such subordinate officers provided for ous an omission. Or, if the law has been perverthis department, as may be requisite for the disced from its original purposes, and criminals, decharge of these additional duties. The professional serving to be punished under its provisions, have skin of the Attorney General, employed in direct- been rescued by legal subtilties, it ought to be ing the conduct of Marshals and District Attorneys made so plain, by amendatory provisions as to bafwould hasten the collection of debts now in suit, and Ae the arts of perversion, and accomplish the ends hereafter, save much to the government. It might of its original enactment. be further extended to the superintendence of all In one of the most flagrant cases, the Court decriminal proceedings for offences against the United cided that the prosecution was barred by the statStates. In making this transfer, great care should ute which limits prosecutions for fraud to two years. be taken, however, that the power necessary to the In this case all the evidences of fraud, and indeed, Treasury Department be not impaired; one of its all knowledge that a fraud had been committed, greatest securities consisting in a controul over all were in possession of the party accused, until after accounts, until they are audited or reported for the two years had elapsed. Surely the statute suit.

ought not to run in favor of any man while he rrIn connexion with the foregoing views, I would tains all the evidences of his crime in his own possuggest, also, an inquiry, whether the provisions of session; and, least of all, in favor of a public officer the act of Congress, authorizing the discharge of the who continues to defraud the Treasury and conceal persons of debtors to the government, from impri- the transaction for the brief term of two years. I sonment, may not, consistently with the public inte. I would therefore recommend such an alteration of

Vol. IV. 51

the law as will give the injured party and the Government two years after the disclosure of the fraud, or after the accused is out of office, to commence their prosecution.

In connexion with this subject, I invite the attention of Congress to a general and minute inquiry into the condition of the Government; with a view to ascertain what offices can be dispensed with, what expenses retrenched, and what improvements may be made in the organization of its various parts, to secure the proper responsibility of public agents, and promote efficiency and justice in all its operations.

The report of the Secretary of War will make you acquainted with the condition of our Army, Fortifications, Arsenals, and Indian Affairs. The proper discipline of the Army, the training and equipment of the Militia, the education bestowed at West Point, and the accumulation of the means of defence, applicable to the Naval force, will tend to prolong the peace we now enjoy, and which every good citizen-more especially those who have felt the miseries of even a successful warfare-must ardently desire to perpetuate.

The returns from the subordinate branches of this service exhibit a regularity and order highly creditable to its character: both officers and soldiers seem imbued with a proper sense of duty, and conform to the restraints of exact discipline with that cheerfulness that becomes the profession of arms. There is need, however, of further legislation, to obviate the inconveniences specified in the report under consideration; to some of which it is proper that I should call your particular attention.

I would also suggest a review of the Pension law, for the purpose of extending its benefits to every Revolutionary soldier who aided in establishing our liberties, and who is unable to maintain himself in comfort. These relics of the war of Independence have strong claims upon their country's gratitude and bounty.-The law is defective, in not embracing within its provisions all those who were, during the last war, disabled from supporting themselves by manual labour. Such an amendment would add but little to the amount of pensions, and is called for by the sympathies of the People, as well as by considerations of sound policy. It will be perceived that a large addition to the list of pensioners has been occasioned by an order of the late administration, departing materially from the rules which had previously prevailed. Considering it an act of legislation, I suspended its operation as soon as I was informed that it had commenced.— Before this period, however, applications under the new regulation had been preferred to the number of one hundred and fifty four; of which, on the fifth of March, the date of its revocation, eightyseven were admitted. For the amount, there was neither estimate nor appropriation; and besides this deficiency, the regular allowance, according to the rules which have heretofore governed the Department, exceed the estimate of its late Secretary, by about fifty thousand dollars; for which an appropriation is asked.

stock.

Your particular attention is requested to that part of the report of the Secretary of War which relates to the money held in trust for the Seneca tribe of Indians. It will be perceived that, without legislative aid, the Executive cannot obviate The act of Congress of the 24 March, 1821, to the embarassments occasioned by the diminution of reduce and fix the military establishment, remained to one hundred thousand dollars, and has recentthe dividends on that fund; which originally amounting unexecuted as it regards the command of one of the regiments of artillery, cannot now be deem-ly been invested in United States' three per cent. ed a guide to the Executive in making the proper appointment. An explanatory act, designating the class of officers out of which this grade is to be filled-whether from the military list; as existing prior to the act of 1821, or from it, as it has been fixed by that act-would remove this difficulty. It is also important that the laws regulating the pay and emoluments of officers generally, should be more specific than they now are. Those for example, in relation to the Paymaster and Surgeon General, assign to them the annual salary of two thousand five hundred dollars; but are silent as to allowances which, in certain exigencies of the service, may be deemed indispensable to the discharge of their duties. This circumstance has been the authority for extending to them various allowances, at different times, under former administrations; but no uniform rule has been observed on the subject.Similar inconveniences exist in other cases; in which the construction put upon laws by the public accountants may operate unequally, produce confusion, and expose officers to the odium of claiming what is not their due.

I recommend to your fostering care, as one of our safest means of national defence, the Military Academy. This institution has already exercised the happiest influence upon the moral and intellectual character of our army; and such of the graduates as, from various causes, may not pursue the profession of arms will be scarcely less useful as citizens. Their knowledge of the military art will be advantageously employed in the militia service; and, in a measure, secure to that class of troops the advantages which, in this respect, belong to standing armies.

The condition and ulterior destiny of the Indian tribes within the limits of some of our States, have become objects of much interest and importance. It has long been the policy of Government to introduce among them the arts of civilization, in the hope of gradually reclaiming them from a wandering life. This policy has, however, been coupled with another, wholly incompatible with its success. Professing a desire to civilize and settle them, we have at the same time, lost no opportunity to purchase their lands and thrust them further into the wilderness. By this means they have not only been kept in a wandering state, but been led to look upon us as unjust and indifferent to their fate. Thus, though lavish in its expenditures upon the subject, Government has constantly defeated its own policy, and the Indians in general receding further and further in the west, have retained their savage habits. A portion, however, of the Southern tribes, having mingled much with the whites, and made some progress in the civilized life, have lately attempted to erect an independent government within the limits of Georgia and Alabama. These States, claiming to be the only Sovereigns within their territories, extended their laws over the Indians; which induced the latter to call upon the United States for protection.

Under these circumstances, the question presented was, whether the General Government had a right to sustain those people in their pretensions? The Constitution declares, that "no new State shall be formed or erected within the jurisdiction of any other State," without the consent of its Le

1829.]

PRESIDENT'S MESSAGE.

403

tuated by feelings of justice and regard for our national honor, submit to you the interesting question, whether something can be done, consistently with the rights of the States, to preserve this much injured race.

gislature. If the General Government is not permitted to tolerate the erection of a confederate State within the territory of one of the members of this Union, against her consent, much less could it allow a foreign and independent government to establish itself there. Georgia became a member As a means of effecting this end, I suggest, for your of the Confederacy which eventuated in our fed- consideration, the propriety of setting apart an ample eral union, as a sovereign State, always asserting district west of the Mississippi, and without the limits her claim to certain limits; which, having been of any State or Territory now formed, to be guaranteed originally defined in her colonial charter, and sub-to the Indian tribes, as long as they shalll occupy it: sequently recognized in the treaty of peace, she each tribe having a distinct controul over the portion There they may be secured in has ever since continued to enjoy, except as they the enjoyment of governments of their own choice, subdesignated for its use. have been circumscribed by her own voluntary transfer of a portion of her territory to the Unit-Ject to no other controul from the U. States, than such as may be necessary to preserve peace on the frontier, and between the several tribes. There the benevolent may endeavour to teach them the arts of civilization;and by promoting union and harmony among them, to raise up an interesting commonwealth, destined to perpetuate the race, and to attest the humanity aud the justice of this government.

ed States, in the articles of cession of 1802. Alabama was admitted into the Union on the same footing with the original States, with boundaries which were prescribed by Congress. There is no constitutional, conventional or legal provision which allows them less power over the Indians within their borders, than is possessed by Maine or NewYork. Would the people of Maine permit the Penobscot, tribe to erect an Independent Government within their State? and unless they did, would it not be the duty of the General Government to support them in resisting such a measure? Would the people of New York permit each remnant of the Six Nations within her borders, to declare itself an independent people, under the protection of the United States? Could the Indians establish a separate republic on each of their reserAnd if they were so disposed, would it be the duty of this Government to protect them in the attempt? If the principle involved in the obvious answer to these questions be abandoned it will follow that the objects of this Government are reversed; and that it has become a part of its duty to aid in destroying the States which it was established to protect.

vations in Ohio?

Actuated by this view of the subject, I informed the Indians inhabiting parts of Georgia and Alabama that their attempt to establish an independent government would not be countenanced by the Executive of the United States, and advised them to emigrate beyond the Mississippi, or submit to the laws of the State.

Our conduct towards these people is deeply interesting to our national character. Their present condition, contrasted with what they once were, makes a most powerful appeal to our sympathies. Our ancestors found them the uncontrolled possessors of these vast regions. By persuasion and force, they have been made to retire from river to river, and from mountain to mountain, until some of the tribes have become extinct, and others have left but remnants to preserve, for a while, their once terrible names. Surrounded by the whites, with their arts of civilization, which, by destroying the resources of the savage, doom him to weakness and decay, the fate of the Mohegan, the Narragansett, and the Delaware, is fast overtaking the Choctaw, the Cherokee, and the Creek. That this fate surely awaits them, if they remain within the limits of the States, does not admit of a doubt. Humanity and national honor demand that every effort should be made to avert so great a calamity. It is too late to inquire whether it was just in the United States to include them and their territory within the bounds of new States whose limits they could control. That step cannot be retraced. A State cannot be dismembered by Congress, or restricted in the exercise of her constitutional power, But the people of those States and of every State ac

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This emigration should be voluntary; for it would be as cruel as unjust to compel the aborigines to abandon the graves of their fathers, and seek a home in a distant land. But they should be distinctly informed, that if they remain within the limits of the States, they must In return for their obedience, be subject to their laws. as individuals, they will, without doubt, be protected in the enjoyment of those possessions which they have improved by their industry. But it seems to me vissionary to suppose that, in this state of things claims can be allowed on tracts of country on which they have neither dwelt nor made improvements, merely because they have seen them from the mountain, or passed them in the chase. Submitting to the laws of the states, and receiving, like other citizens, protection in their per sons and property, they will, ere long, become merged in the mass of our population.

The accompanying report of the Secretary of the Navy will make you acquainted with the condition and useful employment of that branch of our service, during the present year. Constituting, as it does, the best standing security of this country against foreign aggression, it claims the especial attention of government. In this spirit, the measures which, since the termination of the last war; have been in operation for its gradual enlargement, were adopted, and it should continue to be cherished as the offspring of our national experience.— It will be seen, however, that notwithstanding the great solicitude which has been manifested for the perfect organization of this arm; and the liberality of the appropri ations which that solicitude has suggested, this object has, in many important respects, not been secured.

In time of peace we have need of no more ships of war than are requisite to the protection of our commerce. Those not wanted for this object, must lie in the harbors, where, without proper covering, they rapidly decay; and, even under the best precautions for their Such is alpreservation must soon become useless. ready the case with many of our finest vessels; which, though unfinished, will now require immense sums of money to be restored to the condition in which they were, when committed to their proper element. On this subject there can be but little doubt that our best policy would be, to discontinue the building of ships of the first and second class, and look rather to the possession than to the number of vessels we can float in a season of ample materials,prepared for the emergencies of war, of peace, as the index of our naval power. Judicious deposits in Navy Yards, of timber and other materials, fashioned under the hands of skilful workmen, and fitted for prompt application to their various purposes, would enable us, at all times, to construct vessels as fast as they can be manned, and save the heavy expense of repairs, except to such vesels as must be employed in guarding our commerce. The proper points for the establishment of these yards are indicated with so much

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