ary, the navigation of said river shall be free and open to both parties, and shall in no way be obstructed by either: that all the produce of the forest, in logs, lumber, timber, boards, staves, or shingles, or of agriculture not being manufactured, grown on any of those parts of the State of Maine watered by the river St. John, or by its tributaries, (of which fact reasonable evidence shall, if required, be produced,) shall have free access into and through the said river and its said tributaries, having their source within the State of Maine, to and from the seaport at the mouth of the said river St. John, and to and round the falls of said river, either by boats, rafts, or other conveyance; that when within the Province of New Brunswick, the said produce shall be dealt with as if it were the produce of the said Province: that, in like manner, the inhabitants of the territory of the Upper St. John, determined by this treaty to belong to her Britannic Majesty, shall have free access to and through the river for their produce, in those parts where the said river runs wholly through the State of Maine: Provided, always, That this agreement shall give no right to either party to interfere with any regulations not inconsistent with the terms of this treaty, which the Governments, respectively, of Maine or of New Brunswick may make respecting the navigation of the said river, when both banks thereof shall belong to the same party.

ARTICLE IV.

All grants of land heretofore made by either party, within the limits of the territory which by this treaty falls within the dominions of the other party, shall be held valid, ratified, and confirmed to the persons in possession under such grants, to the same extent as if such territory had by this treaty fallen within the dominions of the party by whom such grants were made; and all equitable possessory claims, arising from a possession and improvement of any lot or parcel of land by the person actually in possession, or by those under whom such person claims, for more than six years before the date of this treaty, shall, in like manner, be deemed valid, and be confirmed and quieted by a release to the person entitled thereto, of the title to such lot or parcel of land, so described as best to include the improvements made thereon; and in all other respects the two contracting parties agree to deal upon the most liberal principles of equity with the settlers actually dwelling upon the territory falling to them, respectively, which has heretofore been in dispute between them.

ARTICLE V.

Whereas, in the course of the controversy respecting the disputed territory on the Northeastern boundary, some moneys have been received by the authorities of her Britannic Majesty's Province of New Brunswick, with the intention of preventing depredations on the forests of the said territory, which moneys were to be carried to a fund called the "disputed territory fund," the proceeds whereof it was agreed should be hereafter paid over to the parties interested, in the proportions to be determined by a final settlement of boundaries: It is hereby agreed, that a correct account of all receipts and payments on the said fund shall be delivered to the Government of the United States, within six months after the ratification of this treaty, and the proportion of the amount due thereon to the States of Maine and Massachusetts, and any bonds or securities appertaining thereto, shall be paid and delivered over to the Government of the United States; and the Government of the United States agrees to receive for the use of, and pay over to, the States of Maine and Massachusetts, their respective portions of said fund; and further to pay and satisfy said States, respectively, for all claims for expenses incurred by them in protecting the said heretofore disputed territory, and making a survey thereof in 1838; the Government of the United States agreeing with the States of Maine and Massachusetts to pay them the further sum of three hundred thousand dollars, in equal moieties, on account of their assent to the line of boundary described in this treaty, and in consideration of the conditions and equivalents received therefor from the Government of her Britannic Majesty.

ARTICLE VI.

It is furthermore understood and agreed, that, for the purpose of running and tracing those parts of the line between the source of the St. Croix and the St. Lawrence river, which will require to be run and ascertained, and for marking the residue of said line by proper monuments on the land, two commissioners shall be appointed-one by the Pres

ident of the United States, by and with the advice and consent of the Senate thereof, and one by her Britannic Majesty; and the said commissioners shall meet at Bangor, in the State of Maine, on the 1st day of May next, or as soon thereafter as may be, and shall proceed to mark the line above described, from the source of the St. Croix to the river St. John; and shall trace on proper maps the dividing line along said river, and along the river St. Francis, to the outlet of the Lake Pohenagamook; and from the outlet of the said lake, they shall ascertain, fix, and mark, by proper and durable monuments upon the land, the line described in. the first article of this treaty; and the said commissioners shall make to each of their respective Governments a joint report or declaration, under their hands and seals, designating such line of boundary, and shall accompany said report or declaration with maps, certified by them to be true maps of the new boundary.

ARTICLE VII.

It is further agreed, that the channels in the river St. Lawrence, on both sides of the Long Sault Islands, and of Barnhart Island; the channels in the river Detroit, on both sides of the Island Bois Blanc, and between that island and both the American and Canadian shores; and all the several channels and passages between the various islands lying near the junction of the river St. Clair with the lake of that name, shall be equally free and open to the ships, vessels, and boats of both parties.

ARTICLE VIII.

The parties mutually stipulate that each shall prepare, equip, and maintain in service, on the coast of Africa, a sufficient and adequate squadron, or naval force of vessels, of suitable numbers and description, to carry in all not less than eighty guns, to enforce separately and respectively the laws, rights, and obligations of each of the two countries for the suppression of the slave-trade; the said squadrons to be independent of each other, but the two Governments stipulating, nevertheless, to give such orders to the officers commanding their respective forces as shall enable them most effectually to act in concert and co-operation, upon mutual consultation, as exigencies may arise, for the attainment of the true object of this article: copies of all such orders to be communicated by each Government to the other, respectively.

ARTICLE IX.

Whereas, notwithstanding all efforts which may be made on the coast of Africa for suppressing the slave-trade, the facilities for carrying on that traffic, and avoiding the vigilance of cruisers, by the fraudulent use of flags, and other means, are so great, and the temptations for pursuing it, while a market can be found for slaves, so strong, as that the desired result may be long delayed, unless all markets be shut against the purchase of African negroes,-the parties to this treaty agree that they will unite in all becoming representations and remonstrances with any and all powers within whose dominions such markets are allowed to exist; and that they will urge upon all such powers the propriety and duty of closing such markets at once and forever.

ARTICLE X.

It is agreed that the United States and her Britannic Majesty shall, upon mutual requisitions by them, or their ministers, officers, or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged papers, committed within the jurisdiction of either, shall seek an asylum, or shall be found, within the territories of the other: provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, if the crime or offence had there been committed; and the respective judges and other magistrates of the two Governments shall have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may

issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition, and receives the fugitive.

ARTICLE XI.

The eighth article of this treaty shall be in force for five years from the date of the exchange of the ratifications, and afterwards, until one or the other party shall signify a wish to terminate it. The tenth article shall continue in force until one or the other of the parties shall signify its wish to terminate it, and no longer.

ARTICLE XII.

The present treaty shall be duly ratified, and the mutual exchange of ratifications shall take place in London, within six months from the date hereof, or earlier if possible.

In faith whereof, we, the respective plenipotentiaries, have signed this treaty, and have hereunto affixed our seals.

Done in duplicate, at Washington, the ninth day of August, anno Domini one thousand eight hundred and forty-two.

DANIEL WEBSTER, [SEAL.]
ASHBURTON, [SEAL.]

And whereas, the said treaty has been duly ratified on both parts, and the respective ratifications of the same having been exchanged, to wit: at London, on the thirteenth day of October, one thousand eight hundred and forty-two, by EDWARD EVERETT, Envoy Extraordinary and Minister Plenipotentiary of the United States, and the right honorable the Earl of ADERDEEN, her Britannic Majesty's principal Secretary of State for Foreign Affairs, on the part of their respective Governments:

Now, therefore, be it known, that I, JOHN TYLER, President of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States, and the citizens thereof.

In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed.

Done at the city of Washington, this tenth day of November, in the year of our Lord one thousand eight hundred and forty-two, and of the independence of the United States the sixty-seventh.

[L. S.]

By the President:

JOHN TYLER.

DANIEL WEBSTER, Secretary of Slate.

TWENTY-SEVENTH CONGRESS,

THIRD SESSION.

IN SENATE.

MONDAY, December 5, 1842.

This being the day set apart by the Constitution of the United States for the annual meeting of Congress,

The PRESIDENT pro tem. (Mr. MANGUM) took the chair, and called the Senate to order at the hour of 12 o'clock. He stated that he had been informed by the sergeant-at-arms that there was not a quorum of the Senators present.

Mr. HUNTINGTON observed, that that being the case, it was apparent that no business could be transacted to day; he therefore moved that the Senate adjourn till to-morrow at 12 o'clock.

The question was put, and carried in the affirmative; and the Senate accordingly adjourned.

The following Senators appeared in their seats,

v'z:

From Maine.-Messrs. Williams and Evans. From New Hampshire.-Messrs. Woodbury and Wilcox.

From Massachusetts-Mr. Bates.
From Connecticut.-Mr. Huntington.
From Vermont Mr. Craft.

From New York.-Messrs. Wright and Tallmadge.

From New Jersey.-Mr. Dayton.

From Pennsylvania.-Messrs. Buchanan and Sturgeon.

From Delaware.-Messrs. Bayard and Clayton. From Maryland.-Messrs. Kerr and Merrick. From Virginia.-Messrs. Rives and Archer, From North Carolina.-Mr. Mangum.

From Ohio-Messrs. Allen and Tappan. From Alabama-Mr King.

From Missouri-Mr. Benton.

HOUSE OF REPRESENTATIVES.
MONDAY, December 5, 1842.

At 12 o'clock the SPEAKER took the chair, and called the House to order; when, the Clerk having called the roll, it appeared that one hundred and seventy-six members answered to their names, being a sufficient number to constitute a quorum, viz:

From Maine.-Messrs. Elisha H. Allen, David Bronson, Nathan Clifford, William P. Fessenden, Nathaniel S. Littlefield, Joshua A. Lowell, Alfred Marshall, and Benjamin Randall.

From New Hampshire -Messrs. Charl s G Atherton, Edmund Burke, Ira A. Eastman, John R. Reding, and Tristram Shaw.

From Massachuse 18.-Messrs. John Q. Adams, Osmyn Baker, Nathaniel B. Borden, George N. Briggs, Barker Burnell, William B. Calhoun, Caleb Cushing, Charles Hudson, William Parmenter, and Leverett Saltonstall.

From Rhode Island.-Messrs. Robert B. Cranston and Joseph L. Tillinghast.

From Connecticut.-Messrs. William W. Boardman, John H. Brockway, Thomas B. Osborne, TruSmith, Joseph Trumbull, and Thomas W. Williams.

From Vermont.-Messrs. Horace Everett, Hiland Hall, John Mattocks, William Slade, and Augustus Young.

From New York-Messrs. Alfred Babcock, Daniel D. Barnard, Bernard Blair, Samuel S. Bowne, David P. Brewster, Timothy Childs, Thomas C. Chittenden, John C. Clark, Staley N. Clarke, James G. Clinton, Richard D. Davis, Joseph Eg. ber, Charles G. Ferris, Millard Fillmore, Charles A. Floyd, John G. Floyd, A. Lawrence Foster, Samuel Gordon, Francis Granger, Jacob Houck, Hiram P. Hunt, Archibald L. Linn, Christopher Morgan, Robert McClellan, John McKeon, Samuel Patridge, Lewis Riggs, James I. Roosevelt, John Sanford, Thomas A. Tomlinson, John Van Buren, Henry Van Rensselaer, Aaron Ward, and Fernando Wood.

From New Jersey.-Messrs. John B. Aycrigg, William Halsted, John P. B. Maxwell, Joseph F. Randolph, Charles C. Stratton, and Thomas Jones Yorke.

From Pennsylvania -Messrs. Henry W. Beeson, Benjamin A. Bidlack, Charles Brown, Jeremiah Brown, James Cooper, John Edwards, Joseph Fornance, James Gerry, Amos Gustine, Thomas Henry, Charles J. Ingersoll, Joseph R. Ingerso 1, William W. Irwin, William Jack, Francis James, George M. Keim, Thomas M. T. McKennan, Albert G. Marchand, Peter Newhard, Arnold Plumer, Robert Ramsey, Almon H. Read, James M. Russell, William Simonton, John Snyder, George and W. Toland.

From Maryland.-Messrs. William Cost Johnson, Juhn P. Kennedy, and John Thomson Mason. From Virginia.-Messrs. Richard W. Barton, John W. Botts, George B. Cary, Thomas W. Gilmer, William A. Harris, Samuel L. Hays, George W. Hopkins, Edmund W. Hubard, Robert M. T. Hunter, John W. Jones, Francis Mallory, Cuthbert Powell, William Smith, Lewis Steenrod, Alexander H. H. Stuart, George W. Summers, John Taliaferro, and Henry A. Wise.

From North Carolina-Messrs. Archibald H. Arrington, John R. J. Daniel, Edmund Deberry, James J. McKay, Anderson Mitchell, Kenneth Rayner, Abraham Rencher, Edward Stanly, and William H. Washington.

From South Carolina -Messrs. William Butler, Patrick C. Caldwell, Isaac E. Holmes, Francis W. Pickens, R. Barnwell Rhett, and James Rogers. From Georgia.-Messrs. Mark A. Cooper, and Roger L. Gamble.

From Kentucky.-Mes rs. Linn Boyd, Wm. O. Butler, Garrett Davis, Willis Green, Bryan Y. Owsley, James C. Sprigg, John B. Thompson, Jos. R. Underwood, and John White.

From Tennessee.-Messrs. Abraham McClellan, Hopkins L. Turney, Harvey M. Watterson, and Joseph L. Williams.

From Ohio-Mes-rs. Benjamin S. Cowen, Ezra Dean, Joshua R Giddings, Patrick G. Goode, John Hastings, Samson Mason, Joshua Mathiot, James Mathews, William Medili, Calvary Morris, Jeremiah Morrow, Nathaniel G. Pendleton, Joseph Ridgway, William Russell, Samuel S okely, Geo. Sweney, and John B Weller.

From Louisiana.-Mr. John B. Dawson. From Indiana-Messrs. Richard W. Thompson and Joseph L. White.

From Illinois-Messrs. Zadok Casey and John Reynolds.

From Alabama -Mr. Reuben Chapman. From Missouri.-Messrs. John C. Edwards and John Miller.

On motion by Mr. CUSHING,

Ordered, That a message be sent to the Senate, informing that body that a quorum of the House had assembled, and were ready to proceed to busi

ness.

Mr. CUSHING submitted the usual joint reso. lution for the appointment of a joint committee to wait on the President of the United States, and inform him that a quorum of the two Houses of Congress had assembled, and were ready to receive any communication he might make.

The resolution having been adopted, Messrs. CUSHING, KENNEDY of Maland, and TILLINGHAST were appointed as the committee on the part of the House.

On motion by Mr. KENNEDY, he was excused from serving, on account of indisposition; and Mr. HUNT of New York was appointed in his place. On motion by Mr. CUSHING,

Ordered, That the daily hour of the meeting of the House be at 12 o'clock noun, till further ordered.

Mr. EVERETT gave notice that he would, tomorrow, ask leave to introduce a bill to repeal the bankrupt law.

Mr. ADAMS gave notice that he would tomorrow offer the following resolution:

Resolved, That the 21st rule for conducting bu siness in this House, in the following words: "No petition, memorial, resolution, or other paper praying the abolition of slavery in the District of Columbia, or any State or Territory, or the slavetrade between the States or Territories of the United States in which it now exists, shall be received by this House, or entertained in any way whatever," be, and the same is hereby, rescinded. Mr. WISE objected to the reception of the resolution.

The SPEAKER said it was only offered as a notice.

Mr. WISE inquired if this notice took precedence of the other orders of the House.

The SPEAKER replied that it did not. Mr. WM. COST JOHNSON asked if it was susceptible of amendment.

The SPEAKER said that the resolution could be amended when it came properly before the House; at present, it was only offered in the shape of a notice.

Mr. BRIGGS offered a joint resolution providing for the appointment of two Chaplains of dife ferent denominations, one by each House, to serve during the session, and to interchange weekly: adopted.

On motion by Mr. BRIGGS, the usual order for the supply of members with newspapers was adopted.

Mr. TILLINGHAST asked leave to offer the following joint resolution:

Resolved, (the honorable Senate concurring herein,) That a joint committee of three members of this House, with a like number from the Senate, be appointed to direct and superintend the expendis dure of all money appropriated for the purchase of books for the Library of Congress, and all such other matters pertaining to said library as are not otherwise provided for by law.

Mr. CHARLES BROWN suggested to the mover to strike out the word "honorable," as it was not usual in such resolutions: agreed to, and the resolution was adopted.

On motion of Mr. McKENNAN,
The House adjourned,

IN SENATE

TUESDAY, December 6, 1842.

The PRESIDENT pro tem took the chair at 12 o'clock, and stated that he had been informed by the Sergeant-at-arms that there was still no quorum present. Such being the fact,

On motion of Mr. KERR, the Senate adjourned 'till to-morrow morning at 12 o'clock.

Messrs. MOREHEAD and CRITTENDEN, of Kentucky, and Mr. SMITH, of Connecticut, appeared in their seats to-day, who, in addition to those announced on yesterday, made twenty-six Senators in attendance.

HOUSE OF REPRESENTATIVES.

TUESDAY, December 6, 1842.

Mr. WM. COST JOHNSON gave notice that he would to-morrow, or at an early day thereafter, ask leave to introduce a bill entitled "An act for the relief of the several States and Territories of the United States and the District of Columbia." Mr. HALSTED gave notice that he would to-morrow ask leave to introduce a bill entitled "An act regulating the taking of testimony in cases of contes ed elections"

On motion of Mr. WM. COST JOHNSON, Ordered, That a select committee on a National Foundry be appointed by the Chair, to consist of the same number of mem. bers as composed the similar committee of the last session.

Mr. TALIAFERRO offered a resolution authorizing the door-keeper of the House to appoint an additional messenger; but, at the suggestion of Mr. HOPKINS, the resolution was laid over till to

morrow.

Mr. ADAMS submitted the following resolution, of which he gave notice yesterday:

Resolved, That the 21st rule for conducting business in this House, in the following words: "No petition, memorial, resolution, or other paper praying the abolition of slavery in the District of Columbia, or any State or Territory, or the slave-trade between the States or Territories of the United States in which it now exists, shall be received by this House, or entertained in any way whatever," be, and the same is hereby, rescinded.

Mr. WISE inquired if the resolution was in order?

The SPEAKER replied that it was; but he sug gested to the gentleman from Massachusetts the probability of a debate arising on it, and that he had better let it lie over for the present.

Mr. WISE asked if there was not unfinished bu siness on the calendar of the last session that took precedence of this resolution? There certainly was a vast deal of unfinished business; and, in his view, it had the precedence over all new business of this session.

Mr. ADAMS observed, that he offered the resolution now, because, by the rules of the House, the first thirty days of the session were allotted for the reception of petitions-a rule that had been observed since the commencement of the Government. This Government (Mr. A. said) was made for receiving the petitions of the people, and attending to their wan's; and to deprive them of the right of presenting them was as unconstitutional as unjust. He made this motion now, because the first business to be transacted should be the attending to the petitions of the people; and there was a large class of petitions excluded by the rule he proposed to rescind, and that class coming from a particular section of the Union. He did not wish to debate his motion, but would be willing, if the House thought proper, to take the question on it now by yeas and nays. It was a duty he owed to his conituents, to endeavor to restore to them the constitutional rights of which they had been deprived. Mr. WISE stated his point of order to be this: Under the rules of the House, the first business of the session was to call the States for petitions; petitions had priority and precedence; petitions were to be called for first, and the unfinished business of the last session must lie over for six days: but, if the House was ready to proceed to business, he contended that the Speaker could find much better business than the introduction of this everlasting subject of agitation, at this short session, when they ought to be entering on and disposing of the public business. If, then, petitions had priority, they would necessarily exclude the resolution of the gentleman from Massachusetts, if nothing else did; at all events, it did not come in of right. He

(Mr. WISE) objected to it yesterday, when the notice was given, and he repeated his objection today; and he supposed the question would be on the reception of the resolution. "Shall it be received?" was the question; and he contended that this required a majority of two-third».

A member was beard to observe that the question was on the adoption of the resolution.

Mr. WISE. I contend that it is not received. The SPEAKER made some observations, which were very indistinctly heard; but he was understood to say that the resolution came properly before he House, one day's notice having been given by the gentleman from Massachusetts, yesterday, as the rules prescribed. But he further observed that the committees were not appointed; and, therefore, if petitions were called for from the several States, they could not be referred.

Mr. WISE said he would suggest to the Speaker that the non appointment of the mere members of the committees was no reason why the States should not be called for petitions; for, if the members were not appointed, the committees were. The rules provided that there should be certain sanding committees; and all a gentleman had to do, on presenting a petition, was to move that it be referred to a committee, and not to A, B, C, and D, constituting the committee. The committees, then, were in existence, though the members were not all there who were to be named on those com. mittees; and they could re'er petitions to day, when the members were not named by the Speaker, as well as to-morrow, or a future day, when they should be named.

Mr. WELLER moved that the resolution be laid on the table; and on that motion called for the yeas and nays, which were ordered.

The yeas and nays were taken, and resultedyeas 85, nays 93, as follows:

YEAS-Messrs. Arrington, Atherton, Barton, Bidlack, Bowne, Boyd, Burke, William Butler, William O. Butler, Patrick C. Caldwell, Casey, Chapman, Clifford, Clinton, Coles, Mark A. Cooper, Daniel, Garrett Davis, Dawson, Dean, Deberry, Eastman, John C. Edwards, Charles A. Floyd, Fornance, Gerry, Gilmer, Goggin, Gustine, Harris, Hastings, Hays, Holmes, Hopkins, Houck, Houston, Hubard, Hunter, Charles J. Ingersoll, Jack, William Cost Johnson, John W. Jones, Keim, John P. Kennedy Abraham McClellan, McKay, Mallory, Marchand, John Thomson Mason, Mathews, Medill, Miller, Mitchell, Newhard, Owsley, Pearce, Pickens, Plumer, Powell, i Rayner, Read, Reding, Rencher, Rhett, Reynolds, Riggs, Rogers, Shaw, William Smith, Snyder, Steenrod, Summers, Sweney, Taliaferro, John B. Thompson, Richard W. Thompson, Turney, Van Buren, Ward, Warren, Washington, Weller, Westbrook, Joseph L. Williams, Wise and Wood.-85.

NAYS-Messrs. Adams, Alford, Sherlock J. Andrews, Ayerigg, Babcock, Baker, Barnard, Birdseye, Blair, Boardman, Borden, Botts, Brewster, Briggs, Brockway, Bronson, Jeremiah Brown, Burnell, Calhoun, Childs, Chittenden, John C. Clark, Staley N. Clarke, James Cooper, Cowen, Cranston, Cushing, R. D. Davis, John Edwards, Egbert, Everett, Ferris, Fessenden, Fillmore, John G. Floyd, A. Lawrence Foster, Giddings, Patrick G. Goode, Gordon, Hall, Halsted, Henry, Hudson, Hunt, Joseph R. Ingersoll, W. W. Irwin, James, Linn, Little field, Lowell, Robert McClellan, McKennan, McKeon, Alfred Marshall, Samson Mason, Mathiot, Mattocks, Maxwell, Morgan, Morris, Morrow, Osborne, Parmenter, Patridge, Pendleton, Ramsey, Benjamin Randall, Randolph, Ridgway, Rodney, Roosevelt, Wm. Russell, James M. Russell, Salstonstall, Sanford, Simonton, Slade, Stanly, Stokely, Stratton, Alexander II. H. Stuart, Tillinghast, Toland, Tomlinson, Trumbull, Underwood, Van Rensselaer, Wallace, Joseph L. White, Winthrop, Yorke, and Augustus Young-93.

Mr. EVERETT then rose and said, as it was important that this resolution should be decided upon, as it might otherwise affect the presentation of petitions, he would move the previous question.

The motion was seconded, and the next ques. tion in order was, Shall the main question be now put?"

Mr. WISE inquired if it was in order, as the members were not all there, to move to postpone the question to a day certain.

The SPEAKER was understood to reply in the negative.

Mr. WISE said the Speaker had postponed the appointment of committees, on the ground that the members had not all arrived; and on the same ground he asked for a short postponement of this important subject. However, if his motion was not in order, he would call for the yeas and nays on the pending question- Shall the main question be now put?"

The yeas and nays were ordered, and resultedyeas 84, nays 99, as follows:

YEAS-Messrs. Adams, Allen, Sherlock J. Andrews, Ay. crigg, Babcock, Baker, Barnard, Birdseye, Blair, Boardman, Borden, Botts, Briggs, Brockway, Bronson, Jeremiah Brown, Burnell, Calhoun, Childs, Chittenden, John C. Clark, Staley N. Clarke, J. Cooper, Cowen, Cranston, Garrett Davis, John Edwards, Egbert, Everett, Fessenden, Fillmore, A. L. Foster, Giddings, Patrick G. Goode, Granger, Hall, Halsted, Henry, Hudson, Hunt, Joseph R. Ingersoll, James, John P. Kennedy, Linn, McKennan, Samson Mason, Mathiot, Ma tocks, Maxwell, Morgan, Morris, Morrow, Osborne, Parmenter, Patridge, Pendleton, Ramsey, Benjamin Randall, Randolph, Rayner, Ridgway, Rodney, Wm. Russell, J. M. Russell, Saltonstall, Si monton, Slade, Truman Smith, Stanly, Stokely, Stratton, J. B. Thompson, Richard W. Thompson, Tillinghast, Toland, Tom. linson, Trumbull, Van Rensselaer, Joseph L. White, Thomas W. Williams, Winthrop, Yorke, and Augustus Young-84. NAYS-Messrs. Arrington, Atherton, Barton, Beeson, BidJack, Bowne, Boyd, Brewster, Charles Brown, Burke, W. But ler, Wm. O. Butler, P. C. Caldwell, Chapman, Casey, Clifford, Clinton, Coles, Mark A. Cooper, Cushing, Daniel, R. D. Davis, Dawson, Dean, Deberry, Doan, Eastman, John C. Edwards, Ferris, John G. Floyd, Charles A. Floyd, Fornance, Gamble, Gerry, Gilmer, Goggin, Gordon, Harris, Hastings, Hays, Holmes, Hopkins, Houck, Houston, Hubard, Hunter. Charles J. Ingersoll, William W. Irwin, Jack, William Cost Johnson, John W. Jones, Keim, Littlefield, Lowell, Abraham McClellan, Robert McClellan, McKay, McKeon, Mallory, Marchand, Alfred Marshall, John Thomson Mason, Mathews, Medill, Miller, Newhard, Owsley, Pearce, Pickens, Plumer, Powell, Reding, Rencher, Rhett, Reynolds, Riggs, Rogers, Roosevelt, Sanford, Shaw, William Smith, Snyder, Steenrod, Alexander H. II. Stuart, Summers, Sweney, Taliaferro, Turney, Underwood, Van Buren, Ward, Washington, Watterson, Weller, Westbrook, Joseph L. Williams, Wise, and Wood-95.

So the main question was not then put. DEATH OF THE HON. J. W. WILLIAMS. Mr. JOHN T. MASON rose to announce the death of the Hon. J. W. WILLIAMS of Maryland, and spoke as follows:

Mr. SPEAKER: I rise to announce the death of the Hon. JAMES W. WILLIAMS, a member of this House from the Sate of Maryland. Mr. WILLIAMS died suddenly, on the morning of the 24 inst, with a stroke of paralysis, which attacked him in his carriage while on his way to the seat of Government. Although he had been for a long time in feeble health, yet the very sudden and unexpected termination to which his disease finally came was well calculated to add new pangs to the grief of his family and friends, which, without that circumstance, would have been deep and poignant at the loss of a parent and husband so devoted, a friend so faithful, and a man so estimable. The profound and unaffected sorrow with which his neighbors and friends received the sad intelligence of his death, the undivided voice with which his. many virtues are acknowledged by those with whom he has been associated here, and the confi. dence which has been reposed in him from time to time by the citizens of his State, constitute a more eloquent and effective encomium upon him than anything I can say. In one respect-perhaps in none other-it is well that I have been selected to pay this last tribute to the memory of the deceased. No one, perhaps, on this floor knew so well, and none could speak with the same knowledge, of those traits which characterized him, and which so exalted him in the estimation of the large circle of his acquaintance. During the whole time that I have been in public life-now four years-wheth er in our State Legislature, or as a member of this body, Mr. WILLIAMS has been associated with me. At first an adviser, and always a friend, I have had every opportunity of finding out his character, and of appreciating his worth. A more bland and amiable gentleman-a more upright man-a more faithful public servant-and a more sagacious statesmen, I have never met with. The friendship and respect of all who knew him; the confidence of his neighbors; his frequent exaltation to responsible public stations; and the extraordinary verification of his prophecy of the civil revolution in Maryland in 1836, and of her present financial embarrassments-made long before any one else had the wisdom to foresee them-are all-abundant evidences of the truth of what I have said. On occasions like these, it is not unusual, I am aware, to pass high encomiums upon the character of the deceased-a mode of proceeding the less requisite in the present instance, as the character of Mr. WILLIAMS was too well cstablished, and held in too high esteem, to have anything to hope from praise, or fear from censure. His mild and gentle spirit rendered it nearly impossible for him to have any enemies. The innocence and simplicity of his behavior, the sensibility of his heart, the

fidelity with which he discharged the duties of life, the equanimity with which he bore its rebukes and sufferings, will leave a lasting impression on the minds of his friends and acquaintances.

We have just met to enter upon a new session; and the first thing almost that claims our attentioncoming, as it were, as a message from the Executive on high, interrupting the salutations of friends, marring the pleasure of the occasion, and checking the ardor of our hopes--is another example, in the death of our friend, of the uncertainty of human life. It could not have come on a more fit occasion. We have entered upon a new portion of time, and such occasions are peculiarly favorable to moral reflection. On an entrance on a new scene, or a new period in our life, a contemplative mind will be naturally employed in estimating its acquisitions, comparing its improvements, retracing past occurrences, and revolving future pros pects. The example of the deceased is not only before you for such a wholesome exercise of the mind; but to it may be added his voice, which may now be considered as addressing you from the tomb, and enjoining upon you the duty of preparation for another life. What an example of mortality is presented on the present occasion! WithOut the slightest warning, without the opportunity of a moment's immediate preparation, away from home, and alone, the destroyer met him-no tender assiduities of friendship, no well-known voice, no wife, nor son, nor daughter was near to soothe his sorrows or close his eyes in death. May this solemn event have a wide spread influence. Instead of murmuring at such afflictive dispensations which separate us from those we love and esteem, let us employ them as motives to set our affections upon the more lasting things of another worldremembering that, whatever ties of affection are broken by death, whatever pleasures are lest to us here, are only taken from the enjoyments of time, to be added to those of eternity.

Mr. WILLIAMS was a native of Maryland, and was aged about fifty five years. He was for many years a prominent member of the Legislature of his State, and was at one time Speaker of the House of Delegates. During the whole time he was a member, he opposed with firmness and unabating zeal that system of internal improvements which has eventuated in overwhelming the State in endless taxation. Those who are now lamenting over what they regard the evils which that policy has brought upon them, will cherish in high respect his sagacity in predicting those evils, and the pertinacity with which he resisted the system which has entailed them on us. Those who still believe the policy to have been a wise one, must do him the justice to admit that his opposition to it was as honest as it was unyielding. In May, 1841, Mr. WILLIAMS was elected to Congress, and continued a member of this body up to the time of bis death. Here, as he was in the Legislature of his State, he was vigilant and regular in his attendance upon his public duties.

In him the State of Maryland has lost a faithful public servant; his family a devoted and affectionate head; and his friends one who was always ready to make any sacrifice to advance their in

terests.

In conclusion, Mr. MASON offered the following resolutions, which were unanimously adopted:

Resolved, That this House have learned, with feelings of deep sensibility, the intelligence of the decease of the honorable JAMES W. WILLIAMS, late a member of this Congress; and as an evidence of the sympathy which the members entertain and hereby tender to his surviving relatives and personal friends, they will wear crape on the left arm for thirty days.

Resolved, also, (as a further mark of respect for the mem. ory of the deceased,) that this House do now adjourn.

Ordered, That the Clerk communicate to the Senate information of the death of JAMES W. WILLIAMS, and of the pro ceedings of this House thereon.

The House then adjourned.

[We omitted to state, in our report of yesterday's proceedings, that the Hon. ROBERT C. WINTHROP, a Representative elect from the State of Massachusetts, to supply the vacancy occasioned by the resignation of the Hon. NATHAN APPLETON, appeared, was qualified, and took his seat.]

27TH CONG.........3D SESS.

IN SENATE

WEDNESDAY, December 7, 1842.

The PRESIDENT pro tem. took the chair at 12 o'clock; and

The proceedings of the two former days being read,

Mr. HUNTINGTON presented the credentials of the Hon. SAMUEL C. CRAFT, Senator elected by the Legislature of Vermont, to fill the vacancy occasioned by the resignation of Judge PRENTISS which were read. Mr. C. was then qualified and took his sea!.

Mr. MILLER presented the creden ials of the Hon. WM. L. DAYTON, Senator elected by the Legislature of New Jersey, to fill the vacancy occasioned by the death of the Hon. SAMUEL L. SOUTHARD; which were read. Mr. D. was then qualified and took his seat.

On motion by Mr. HUNTINGTON, it was Ordered, That the Secretary of the Senate inform the House of Representatives that a quorum of the Senate have assem. bled, and are ready to proceed to business.

On motion by Mr. MERRICK, it was

Resolved, That each Senator be supplied daily, during the present session, with three copies of such daily newspapers as he may choose, provided that they be furnished at the usual rates of annual charge for a daily paper; and provided that any Senator thinking proper to take other than a daily paper, shall be entitled to so many such other papers as will be equal to three daily papers.

THE BANKRUPT LAW.

Mr. BENTON gave notice that he would, en to-morrow, ask leave to introduce a bill to repeal the bankrupt law.

BOARD OF EXCHEQUER.

Mr. TALLMADGE gave notice that he would, at an early day, ask leave to introduce a bill to modify the several acts establishing the Treaty of the United States.

A message was received from the House of Representat ves, by MATTHEW ST. CLAIR CLARKE, their Clerk, informing the Senate that a quorum of that body had assembled, and were ready to proceed to legislative business; and also informing the Senate that they had passed a resolution, and appointed a committee under it, to join such committee as might be appointed on the part of the Senate, to wait on the President of the United States, and inform him that a quorum of the two Houses of Congress had assembled, and were rea. dy to receive any communication he might make.

On motion of Mr. KERR, the above resolution was concurred in; and the Chair was authorized to appoint a committee of two on the part of the Senate; when

Messrs. KERR and KING were appointed said committee.

After a short interval,

Mr. KERR, from the above committee, stated that the joint committee had waited upon the Presi dent, and informed him that a quorum of the two Houses had assembled, and were ready to receive from him such communication as he might think proper to submit to them; when the President directed them to inform their respective Houses that he would forthwith submit a message in writing.. Thereupon

A message in writing was received from the President of the United States, by the hands of ROBERT TYLER, esq., his private secretary, which was read, as follows:

To the Senate and

House of Representatives of the United States: We have continued reason to express our profound gratitude to the great Creator of all things for numberless benefits conferred upon us as a people. Blessed with genial seasons, the husbandman has his garners filled with abundance; and the necessaries of life, not to speak of its luxuries, abound in every direction. While in some other nations steady and industrious labor can hardly find the means of subsistence, the greatest evil which we have to encounter is a surplus of production beyond the home demand, which seeks, and with difficulty finds, a partial market in other

WEDNESDAY, DECEMBER 14, 1842.

regions. The health of the country, with partial exceptions, has, for the past year, been well preserved; and, under their free and wise institutions, the United States are rapidly advancing towards the consummation of the high destiny which an overruling Providence seems to have marked out for them. Exempt from domestic convulsion, and at peace with all the world, we are free to consult as to the best means of securing and advancing the happiness of the people. Such are the circumstances under which you now assemble in your respective chambers, and which should lead us to unite in praise and thanksgiving to that great Being who made us, and who preserves us as a

nation.

I congratulate you, fellow-citizens, on the happy change in the aspect of our foreign affairs since my last annua! Message. Causes of complaint at that time existed between the United States and Great Britain, which, attended by irritating circumstances, threatened most seriously the public peace. The difficulty of adjusting amicably the questions at issue between the two countries, was, in no small degree, augmented by the lapse of time since they had their origin. The opinions entertained by the Executive on several of the leading topics in dispute, were frankly set forth in the Message at the opening of your late session. The appointment of a special minister by Great Britain to the United States, with power to negotiate upon most of the points of difference, indicated a desire on her part amicably to adjust them; and that minister was met by the Executive in the same spirit which had dictated his mission. The treaty consequent thereon, having been duly ratified by the two Governments, a copy, together with the correspondence which accompanied it, is here with communicated. I trust that, whilst you may see in it nothing objectionable, it may be the means of preserving, for an indefinite period, the amicable relations happily existing between the two Governments. The question of peace or war between the United States and Great Britain, is a question of the deepest interest, not only to themselves, but to the civilized world; since it is scarcely possible that a war could exist between them without endangering the peace of Christendom. The immediate effect of the treaty upon ourselves will be felt in the security afforded to mercantile enterprise, which, no longer apprehensive of interrup tion, adventures its speculations in the most distant sea; and, freighted with the diversified productions of every land, returns to bless our own. There is nothing in the treaty which, in the slightest degree, compromits the honor or dignity of either nation. Next to the settlement of the boundary line, which must always be a matter of difficulty between States as between individuals, the question which seemed to threaten the greatest embarrassment was that connected with the African slave-trade.

By the 10th article of the treaty of Ghent, it was expressly declared that "whereas the traffic in slaves is irreconcilable with the principles of humanity and justice; and whereas both his Majesty and the United States are desirous of continuing their efforts to promote its entire abolition; it is hereby agreed that both the contracting parties shall use their best endeavors to accomplish so desirable an object." In the enforcement of the laws and treaty stipulations of Great Britain, a practice had threatened to grow up, on the part of its cruisers, of subjecting to visitation ships sailing under the American flag, which, while it seriously involved our maritime rights, would subject to vexation a branch of our trade which was daily increasing, and which required the fostering care of the Government. And although Lord Aberdeen, in his correspondence with the American envoys, at London, expressly disclaimed all right to detain an American ship on the high seas, even if found with a cargo of slaves on board, and restricted the British pretension to a mere claim to visit and inquire; yet it could not well be discerned by the Executive of the United States how such visit and inquiry could be made without detention on the voyage, and consequent interruption to the trade. It was regarded as the right of search, presented only in a new form, and expressed in different words;

VOLUME 12.... No. 3.

and I therefore felt it to be my duty distinctly to declare, in my annual Message to Congress, that no such concession could be made, and that the United States had both the will and the ability to enforce their own laws, and to protect their flag from being used for purposes wholly forbidden by those laws, and obnoxious to the moral censure of the world. Taking the Message as his letter of instructions, our then Minister at Paris felt himself required to assume the same ground in a remonstrance which he felt it to be his duty to present to M. Guizot, and, through him, to the King of the French, against what has been called the Quintuple Treaty; and his conduct, in this respect, met with the approval of this Government. In close conformity with these views, the eighth article of the treaty was framed, which provides that "each nation shall keep afloat in the African seas a force of not less than eighty guns, to act separately and apart, under instructions from their respective Governments, and for the enforcement of their respective laws and obligations." From this it will be seen that the ground assumed in the Message has been fully maintained, at the same time that the stipulations of the treaty of Ghent are to be carried out in good faith by the two countries. and that all pretence is removed for interference with our commerce, for any purpose whatever, by a foreign Government. While, therefore, the United States have been standing up for the free-. dom of the seas, they have not thought proper to make that a pretext for avoiding a fulfilment of their treaty stipulations, or a ground for giving countenance to a trade reprobated by our laws. A similar arrangement by the other great powers could not fail to sweep from the ocean the slavetrade, without the interpolation of any new principle into the maritime code. We may be permit ted to hope that the example thus set will be followed by some, if not all of them. We thereby also afford suitable protection to the fair trader in those seas; thus fulfilling at the same time the dictates of a sound policy, and complying with the claims of justice and humanity.

It would have furnished additional cause for congratulation, if the treaty could have embraced all subjects calculated in future to lead to a misunderstanding between the two Governments. The ter ritory of the United States, commonly called the Oregon Territory, lying on the Pacific ocean, north of the forty-second degree of latitude, to a portion of which Great Britain lays claim, begins to attract the attention of our fellow-citizens; and the tide of population, which has reclaimed what was so lately an unbroken wilderness in more contiguous regions, is preparing to flow over those vast districts which stretch from the Rocky mountains to the Pacific ocean. In advance of the acquirement of individual rights to these lands, sound policy dictales that every effort should be resorted to by the two Governments to settle their respective claims. It became manifest, at an early hour of the lates negotiations, that any attempt, for the time being, satisfactorily to determine those rights, would lead to a protracted discussion, which might embrace in its failure other more pressing matters; and the Executive did not regard it as proper to waive all the advantages of an honorable adjustment of other difficulties of great magnitude and importance, because this, not so immediately pressing, stood in the way. Although the difficulty referred to may not, for several years to come, involve the peace of the two countries, yet I shall not delay to urge on Great Britain the importance of its early settleNor will other matters of commercial importance to the two countries be overlooked; and I have good reason to believe that it will comport with the policy of England, as it does with that of the United States, to seize upon this moment, when most of the causes of irritation have passed away, to cement the peace and amity of the two countries, by wisely removing all grounds of probable future collision.

ment.

With the other powers of Europe our relations continue on the most amicable footing. Treaties now existing with them should be rigidly observed; and every opportunity, compatible with the interests of the United States, should be seized upon to

enlarge the basis of commercial intercourse. Peace with all the world is the true foundation of our policy, which can only be rendered permanent by the practice of equal and impartial justice to all. Our great desire should be to enter only into that rivalry which looks to the general good, in the cultivation of the sciences, the enlargement of the field for the exercise of the mechanical arts, and the spread of commerce (that great civilizer) to every land and sea. Carefully abstaining from interference in all questions exclusively referring themselves to the political interests of Europe, we may be perinitted to hope an equal exemption from the interference of European Governments in what relates to the States of the American continent.

On the 23d of April last, the commissioners on the part of the United States, under the convention with the Mexican Republic of the 11th of April, 1839, made to the proper department a final report in relation to the proceedings of the commission. From this it appears that the total amount awarded to the claimants by the commissioners and the umpire appointed under that convention, was two million twenty six thousand and seventy-nine dollars and sixty-eight cents. The arbiter having considered that his functions were required by the convention to terminate at the same time with those of the commissioners, returned to the board, undecided for want of time, claims which had been allowed by the American commissioners, to the amount of nine hundred and twentyeight thousand six hundred and twenty dollars and eighty-eight cents. Other claims, in which the amount sought to be recovered was three million three hundred and thirty-six thousand eight hundred and thirty-seven dollars and five cents, were submitted to the board too late for its consideration. The Minister of the United States at Mexico has been duly authorized to make demand for the payment of the awards, according to the terms of the convention, and the provisions of the act of Congress of the 12th of June, 1840. He has also been instructed to communicate to that Government the expectations of the Government of the United States in relation to those claims which were not disposed of according to the provisions of the convention, and all others of citizens of the United States against the Mexican Government. He has also been furnished with other instructions, to be followed by him in case the Government of Mexico should not find itself in a condition to make present payment of the amount of the awards, in specie or its equivalent.

I am happy to be able to say that information which is esteemed favorable, both to a just satisfaction of the awards, and a reasonable provision for other claims, has been recently received from Mr. Thompson, the Minister of the United States, who has promptly and efficiently executed the instructions of his Government in regard to this important subject.

The citizens of the United States who accompanied the late Texan expedition to Santa Fé, and who were wrongfully taken and held as prisoners of war in Mexico, have all been liberated.

A correspondence has taken place between the Department of State and the Mexican Minister of Foreign Affairs, upon the complaint of Mexico that citizens of the United States were permitted to give aid to the inhabitants of Texas in the war existing between her and that republic. Copies of this correspondence are herewith communicated to Congress, together with copies of letters on the same subject, addressed to the diplomatic corps at Mexico, by the American Minister and the Mexican Secretary of State.

Mexico has thought proper to reciprocate the mission of the United States to that Government, by accrediting to this a minister of the same rank as that of the representative of the United States in Mexico. From the circumstances connected with this mission, favorable results are anticipated from it. It is so obviously for the interest of both countries, as neighbors and friends, that all just causes of mutual dissatisfaction should be removed, that it is to be hoped neither will omit or delay the employment of any practicable and honorable means to accomplish that end.

The affairs pending between this Government and several others of the States of this hemisphere formerly under the dominion of Spain, have again, within the past year, been materially obstructed by the military revolutions and conflicts in those countries.

The ratifications of the treaty between the United

States and the Republic of Ecuador, of the 13th of June, 1839, have been exchanged, and that instrument has been duly promulgated on the part of this Government. Copies are now communicated to Congress, with a view to enable that body to make such changes in the laws applicable to our intercourse with that Republic as may be deemed requisite.

Provision has been made by the Government of Chili for the payment of the claim on account of the illegal detention of the brig Warrior at Coquim. bo, in 1820. This Government has reason to expect that other claims of our citizens against Chili will be hastened to a final and satisfactory close.

The empire of Brazil has not been altogether exempt from those convulsions which so constantly afflict the neighboring republics. Disturbances which recently broke out are, however, now ununderstood to be quieted. But these occurrences, by threatening the stability of the Governments, or by causing incessant and violent changes in them, or in the persons who administer them, tend greatly to retard provisions for a just indemnity for losses and injuries suffered by individual subjects or citizens of other States. The Government of the United States will feel it to be its duty, however, to consent to no delay, not unavoidable, in making satisfaction for wrongs and injuries sustained by its own citizens. Many years having, in some cases, elapsed, a decisive and effectual course of proceeding will be demanded of the respective Governments against whom claims have been preferred.

The vexatious, harassing, and expensive war which so long prevailed with the Indian tribes inhabiting the peninsula of Florida, has happily been terminated; whereby our army has been relieved from a service of the most disagreeable character, and the treasury from a large expenditure. Some casual outbreaks may occur, such as are incident to the close proximity of border settlers and the Indians; but these, as in all other cases, may be left to the care of the local authorities, aided, when occasion may require, by the forces of the United States. A sufficient number of troops will be maintained in Florida, so long as the remotest apprehensions of danger shall exist; yet their duties will be limited rather to the garrisoning of the necessary posts, than to the maintenance of active hostilities. It is to be hoped that a territory, so long retarded in its growth, will now speedily recover from the evils incident to a protracted war, exhibiting, in the increased amount of its rich productions, true evidences of returning wealth and prosperity. By the practice of rigid justice towards the numerous Indian tribes residing within our territorial limits, and the exercise of a parental vigilance over their interests, protecting them against fraud and intrusion, and at the same time using every proper expedient to introduce among them the arts of civilized life, we may fondly hope not only to wean them from their love for war, but to inspire them with a love for peace and all its avocations. With several of the tribes, great progress in civilizing them has already been made. The schoolmaster and the missionary are found side by side; and the remnants of what were once numerous and powerful nations may yet be preserved as the builders up of a new name for themselves and their posterity.

The balance in the treasury on the 1st of January, 1842, (exclusive of the amount deposited with the States, trust funds, and indemnities,) was $230,483 68. The receipts into the treasury during the first three quarters of the present year, from all sources, amount to $26,616,593 78; of which more than fourteen millions were received from customs, and about one million from the public lands. The receipts for the fourth quarter are estimated at nearly eight millions; of which four millions are expected from customs, and three millions and a half from loans and treasury notes. The expenditures of the first three quarters of the present year exceed twenty-six millions, and those estimated for the fourth quarter amount to about eight millions; and it is anticipated there will be a deficiency of half a million on the 1st January next; but that the amount of outstanding warrants (estimated at $800,000) will leave an actual balance of about $224,000 in the treasury. Among the expenditures of the year, are more than eight millions for the public debt, and $600,000 on account of the distribution to the States of the proceeds of sales of the public lands.

The present tariff of duties was somewhat has

tily and hurriedly passed near the close of the late session of Congress. That it should have defects, can, therefore, be surprising to no one. To remedy such defects as may be found to exist in many of its numerous provisions, will not fail to claim your serious attention. It may well merit inquiry, whether the exaction of all duties in cash does not call for the introduction of a system which has proved highly beneficial in countries where it has been adopted. I refer to the warehousing system. The first and most prominent effect which it would produce, would be to protect the market alike against redundant or deficient supplies of foreign fabrics; both of which, in the long run, are injurious as well to the manufacturer as to the importer. The quantity of goods in store being at all times readily known, it would enable the importer, with an approach to accuracy, to ascertain the actual wants of the market, and to regulate himself accordingly. If, however, he should fall into error, by importing an excess above the public wants, he could readily correct its evils by availing himself of the benefits and advantages of the system thus established. In the storehouse, the goods imported would await the demands of the market; and their issues would be governed by the fixed principles of demand and supply. Thus an approximation would be made to a steadiness and uniformity of price, which, if attainable, would conduce to the decided advantage of mercantile and mechanical operations.

The apprehension may be well entertained, that, without something to ameliorate the rigor of cash payments, the entire import trade may fall into the hands of a few wealthy capitalists in this country and in Europe. The small importer, who requires all the money he can raise for investments abroad, and who can but ill afford to pay the lowest duty, would have to subduct in advance a portion of his funds, in order to pay the duties, and would lose the interest upon the amount thus paid for all the time the goods might remain unsold; which might absorb his profits. The rich capitalist abroad, as well as at home, would thus possess, after a short time, an almost exclusive monopoly of the import trade; and laws designed for the benefit of all, would thus operate for the benefit of the few-a re sult wholly uncongenial with the spirit of our institutions, and anti-republican in all its tendencies. The warehousing system would enable the importer to watch the market, and to select his own time for offering his goods for sale. A profitable portion of the carrying trade in articles entered for the benefit of drawback, must also be most seriously affected, without the adoption of some expedient to relieve the cash system. The warehousing system would afford that relief, since the carrier would have a safe recourse to the public storehouses, and might, without advancing the duty, reship within some reasonable period to foreign ports. A further effect of the measure would be to supersede the system of drawbacks, thereby effectually protecting the Government against fraud, as the right of debenture would not attach to goods after their withdrawal from the public stores.

In revising the existing tariff of duties, should you deem it proper to do so at your present session, I can only repeat the suggestions and recommenda tions which, upon several occasions, I have heretofore felt it to be my duty to offer to Congress. The great primary and controlling interest of the American people is union; union, not only in the mere forms of government-forms which may be broken-but union founded in an attachment of States and individuals for each other. This union in sentiment and feeling can only be preserved by the adoption of that course of policy which, neither giving exclusive benefits to some, nor imposing unnecessary burdens upon others, shall consult the interests of all, by pursuing a course of moderation, and thereby seeking to harmonize public opinion, and causing the people everywhere to feel and to know that the Government is careful of the interests of all alike. Nor is there any subject in regard to which moderation, connected with a wise discrimination, is more necessary than in the imposition of duties on imports. Whether reference be had to revenue-the primary object in the imposition of taxes-or to the incidents which necessarily flow from their imposition, this is entirely true. Extravagant duties defeat their end and object, not only by exciting in the public mind an hostility to the manufacturing interests, but by inducing a system of smuggling on an extensive scale, and the practice of every manner of fraud