Chapter I (5)

In my message at the commencement of the present session of Congress I endeavored to state the principles which this Government supports respecting the right of search and the immunity of flags. Desirous of maintaining those principles fully, at the same time that existing obligations should be fulfilled, I have thought it most consistent with the honor and dignity of the country that it should execute its own laws and perform its own obligations by its own means and its own power.

The examination or visitation of the merchant vessels of one nation by the cruisers of another for any purpose except those known and acknowledged by the law of nations, under whatever restraints or regulations it may take place, may lead to dangerous results. It is far better by other means to supersede any supposed necessity or any motive for such examination or visit. Interference with a merchant vessel by an armed cruiser is always a delicate proceeding, apt to touch the point of national honor as well as to affect the interests of individuals. It has been thought, therefore, expedient, not only in accordance with the stipulations of the treaty of Ghent, but at the same time as removing all pretext on the part of others for violating the immunities of the American flag upon the seas, as they exist and are defined by the law of nations, to enter into the articles now submitted to the Senate.

The treaty which I now submit to you proposes no alteration, mitigation, or modification of the rules of the law of nations. It provides simply that each of the two Governments shall maintain on the coast of Africa a sufficient squadron to enforce separately and respectively the laws, rights, and obligations of the two countries for the suppression of the slave trade.

Another consideration of great importance has recommended this mode of fulfilling the duties and obligations of the country. Our commerce along the western coast of Africa is extensive, and supposed to be increasing. There is reason to think that in many cases those engaged in it have met with interruptions and annoyances caused by the jealousy and instigation of rivals engaged in the same trade. Many complaints on this subject have reached the Government. A respectable naval force on the coast is the natural resort and security against further occurrences of this kind.

The surrender to justice of persons who, having committed high crimes, seek an asylum in the territories of a neighboring nation would seem to be an act due to the cause of general justice and properly belonging to the present state of civilization and intercourse. The British Provinces of North America are separated from the States of the Union by a line of several thousand miles, and along portions of this line the amount of population on either side is quite considerable, while the passage of the boundary is always easy.

Offenders against the law on the one side transfer themselves to the other. Sometimes, with great difficulty, they are brought to justice, but very often they wholly escape. A consciousness of immunity from the power of avoiding justice in this way instigates the unprincipled and reckless to the commission of offenses, and the peace and good neighborhood of the border are consequently often disturbed.

In the case of offenders fleeing from Canada into the United States, the governors of States are often applied to for their surrender, and questions of a very embarrassing nature arise from these applications. It has been thought highly important, therefore, to provide for the whole case by a proper treaty stipulation. The article on the subject in the proposed treaty is carefully confined to such offenses as all mankind agree to regard as heinous and destructive of the security of life and property. In this careful and specific enumeration of crimes the object has been to exclude all political offenses or criminal charges arising from wars or intestine commotions. Treason, misprision of treason, libels, desertion from military service, and other offenses of similar character are excluded.

And lest some unforeseen inconvenience or unexpected abuse should arise from the stipulation rendering its continuance in the opinion of one or both of the parties not longer desirable, it is left in the power of either to put an end to it at will.

The destruction of the steamboat _Caroline_ at Schlosser four or five years ago occasioned no small degree of excitement at the time, and became the subject of correspondence between the two Governments. That correspondence, having been suspended for a considerable period, was renewed in the spring of the last year, but no satisfactory result having been arrived at, it was thought proper, though the occurrence had ceased to be fresh and recent, not to omit attention to it on the present occasion. It has only been so far discussed in the correspondence now submitted as it was accomplished by a violation of the territory of the United States. The letter of the British minister, while he attempts to justify that violation upon the ground of a pressing and overruling necessity, admitting, nevertheless, that even if justifiable an apology was due for it, and accompanying this acknowledgment with assurances of the sacred regard of his Government for the inviolability of national territory, has seemed to me sufficient to warrant forbearance from any further remonstrance against what took place as an aggression on the soil and territory of the country. On the subject of the interference of the British authorities in the West Indies, a confident hope is entertained that the correspondence which has taken place, showing the grounds taken by this Government and the engagements entered into by the British minister, will be found such as to satisfy the just expectation of the people of the United States.

The impressment of seamen from merchant vessels of this country by British cruisers, although not practiced in time of peace, and therefore not at present a productive cause of difference and irritation, has, nevertheless, hitherto been so prominent a topic of controversy and is so likely to bring on renewed contentions at the first breaking out of a European war that it has been thought the part of wisdom now to take it into serious and earnest consideration. The letter from the Secretary of State to the British minister explains the ground which the Government has assumed and the principles which it means to uphold. For the defense of these grounds and the maintenance of these principles the most perfect reliance is placed on the intelligence of the American people and on their firmness and patriotism in whatever touches the honor of the country or its great and essential interests.

JOHN TYLER.

[The following are inserted because they pertain to the treaty transmitted with the message of President Tyler immediately preceding.]

DEPARTMENT OF STATE,

_Washington, August 3, 1848_.

_To the Senate of the United States_:

The Secretary of State has the honor to transmit to the Senate, in compliance with a resolution adopted by it on the 29th ultimo, a copy of _joint report_ of the commissioners under the treaty of Washington of August 9, 1842, together with a copy of the report of the American commissioner transmitting the same to the State Department.

JAMES BUCHANAN.

_Mr. Smith to Mr. Buchanan_.

WASHINGTON, _April 20, 1848_.

SIR: In presenting to you the joint report of the commissioners appointed under the treaty of Washington of August 9, 1842, to survey and mark the line of boundary between the United States and the British Provinces, which I have the honor herewith most respectfully to submit, I have to perform the painful duty of informing you that the maps of that line and of the adjacent country, which had been elaborately constructed by the scientific corps on the part of the United States, and contained upon 100 sheets of drawing paper of the largest size, together with the tables of the survey, have been destroyed by the conflagration of the building in which they were contained. This house had been occupied by Major James D. Graham, the head of the scientific corps and principal astronomer of the American commission, as his office until his departure for Mexico. All the maps, drawings, and tables had been completed and duly authenticated by the joint commissioners, and were ready to be deposited with their joint report under their hands and seals in the archives of this Government. Of this I had the honor to inform you in my letter of the 24th ultimo.

I can hardly express the pain which this unfortunate event has occasioned me. But I can not perceive that any imputation of blame can properly be attached to any officer of the commission. The care and custody of all the work of the United States scientific corps were properly placed in charge of Major Graham, as the head of that corps, who had had the immediate direction and superintendence of it from the first organization of the commission. He required the maps and tables at his office for reference and revision in the progress of the astronomical work. Upon his departure for Mexico he placed Lieutenant A.W. Whipple in his rooms with an injunction to guard with the utmost care the valuable property of the commission. On the day after he left the city, and when for the first time informed of the fact, I called upon Lieutenant Whipple and requested him to have all the maps, drawings, and tables ready to be turned over to the State Department on the following day. On the 24th ultimo I acquainted you with that fact.

No censure can possibly be attributed to Lieutenant Whipple, whose great care and attention to all his duties have been on all occasions highly distinguished. He escaped from the fire with scarcely an article of his dress, and his loss in money and clothing is at least $1,000. Major Graham has lost his valuable library, together with personal effects to a large amount. The fire was communicated from the basement of the house, and by no effort could anything be saved.

There are tracings of the maps upon "tissue paper," without the topography, in the State of Maine, but they are not signed by the commissioners.

The field books of the engineers were, fortunately, not in Major Graham's office, and are preserved.

Duplicates of the maps, duly authenticated, have been placed in the British archives at London, which, although they have not the topography of the country so fully laid down upon them as it was upon our own, represent with equal exactness the survey of the boundary itself. Should it be deemed expedient by this Government to procure copies of them, access to those archives for that purpose would undoubtedly be permitted, and the object accomplished at small expense, and when completed these copies could be authenticated by the joint commissioners in accordance with the provisions of the treaty.

I have the honor to be, with great respect, your obedient and humble servant,

ALBERT SMITH.

_Report of the joint commission of boundary appointed under the treaty of Washington of August 9, 1842_.

The undersigned, commissioners appointed under the treaty of Washington to trace and mark the boundary, as directed by that treaty, between the British possessions in North America and the United States--that is to say, James Bucknall Bucknall Estcourt, lieutenant-colonel in the British army, appointed commissioner by Her Britannic Majesty, and Albert Smith, appointed commissioner by the President of the United States--having accomplished the duty assigned to them, do now, in accordance with the directions of the said treaty, submit the following report and the accompanying maps, jointly signed, to their respective Governments.

In obedience to the terms of the treaty, the undersigned met at Bangor, in the State of Maine, on the 1st day of May, 1843, where they produced and verified the authority under which they each were respectively to act. They then adjourned, because the weather was not sufficiently open for taking the field, to the 1st of the following month (June), and agreed to meet again at that time at Houlton.

Accordingly, they did meet at that place, and began their operations.

It may be desirable to state at the outset that for the sake of convenience the whole line of boundary marked by the undersigned has been divided in the mention made of the different portions into the following grand divisions, viz:

"North line," from the source of the St. Croix to the intersection of the St. John.

"River St. John," from the intersection of the north line to the mouth of the St. Francis.

"River St. Francis," from its mouth to the outlet of Lake Pohenagamook.

"Southwest line," from the outlet of Lake Pohenagamook to the Northwest Branch of the St. John.

"South line," from the Northwest Branch to the parallel of latitude 46° 25' on the Southwest Branch.

"Southwest Branch," from the parallel 46° 25' to its source.

"Highlands," from the source of the Southwest Branch of the St. John to the source of Halls Stream.

"Halls Stream," from its source to the intersection of the line of Valentine and Collins.

"West line," from Halls Stream to the St. Lawrence near St. Regis, along the line of Valentine and Collins.

To return to the narration of operations:

The exploring line of Colonel Bouchette and Mr. Johnson, as directed by the treaty, was traced from the monument at the source of the St. Croix to the intersection of the St. John.

The monument found at the source of the St. Croix, as described in the report of Colonel Bouchette and Mr. Johnson, and the course of their exploring line, was traced by blazes or marks upon the trees.

An old line, cut out by the assistant surveyors of Colonel Bouchette and Mr. Johnson, was also found, which terminated about half a mile north of the South Branch of the Meduxnikeag, where, by records to which the undersigned referred, they ascertained that it had been abandoned because of its deviation from the exploring line of Colonel Bouchette and Mr. Johnson.

After the exploration and re-marking of the north line it was cut out 30 feet wide. The same was afterwards done in all parts where the boundary passed through woodland. After thus opening the north line it was surveyed, and iron posts were erected at intervals to mark it.

The general bearing of the line was rather to the west of the meridian of the monument at the source of the St. Croix. The precise line laid down by the undersigned was determined by successive courses, of which each was made to be as long as was convenient, provided it did not pass out of the opening of 30 feet.

At each angle of deflection an iron monument was erected, and placed anglewise with the line. Other monuments were erected at the crossing of roads, rivers, and at every mile, commencing from the source of the St. Croix. Those which were not intended to mark angles of deflection were placed square with the line.

At the intersection of the St. John by the north line the river is deep and broad. The boundary runs up the middle of the channel of the river, as indicated by the maps, dividing the islands as follows:

No. 1. Ryan's Island................................ United States.
No. 2. King's Island................................ United States.
No. 3. Les Trois Isles.............................. United States.
No. 4. La Septieme Isle............................. United States.
No. 5. Quissibis.................................... Great Britain.
No. 6. La Grand Isle................................ United States.
No. 7. Thibideau's Islands.......................... United States.
No. 8. Madawaska Islands............................ Great Britain.
No. 9. Joseph Michaud's three islands............... United States.
No. 10. Pine Island.................................. Great Britain.
No. 11. Baker's }
Turtle }
Dagle's } islands ........................... Great Britain.
Fourth }
Fifth }
No. 12. Kennedy's Island............................. Great Britain.
No. 13. Crock's }
Cranberry } islands......................... Great Britain.
Gooseberry }
No. 14. Savage's Island.............................. United States.
No. 15. Wheelock's Island............................ United States.
No. 16. Caton's Island............................... United States.
No. 17. Honeywell's Island........................... United States.
No. 18. Savage and Johnson's Island.................. United States.
No. 19. Grew's Island................................ United States.
No. 20. Kendall's Island............................. Great Britain.

The islands were distributed to Great Britain or to the United States, as they were found to be on the right or left of the deep channel. There was but one doubtful case, La Septieme Isle, and that was apportioned to the United States because the majority of the owners were ascertained to reside on the United States side of the river.

Monuments were erected upon the islands, marking them for Great Britain or the United States, as the case may have been.

After leaving the St. John the boundary enters the St. Francis, dividing the islands at the mouth of that river in the manner shown in the maps. It then runs up the St. Francis, through the middle of the lakes upon it, to the outlet of Lake Pohenagamook, the third large lake from the mouth of the river. At the outlet a large monument has been erected.

In order to determine the point on the Northwest Branch to which the treaty directed that a straight line should be run from the outlet of Lake Pohenagamook, a survey of that stream was made, and also of the main St. John in the neighborhood of the mouth of the Northwest Branch, and a line was cut between the St. John and the point on the Northwest Branch ascertained by the survey to be 10 miles in the nearest direction from it, and the distance was afterwards verified by chaining.

It was ascertained also, in accordance with the provisions of the treaty, by a triangulation of the country toward the highlands dividing the waters of the St. Lawrence and of the St. John, that more than 7 miles intervened between the point selected on the Northwest Branch and the crest of the dividing ridge. A large iron monument was afterwards erected on the point thus selected, and the space around was cleared and sown with grass seed. It is a short distance below the outlet of Lake Ishaganalshegeck.

The outlet of Lake Pohenagamook and the point on the Northwest Branch designated by the treaty having been thus ascertained and marked, in the spring of 1844 a straight line was run between them. Along that line, which passes entirely through forest, monuments were erected at every mile, at the crossings of the principal streams and rivers, and at the tops of those hills where a transit instrument had been set up to test the straightness of the line.

As soon as the parallel of latitude 46° 25' had been determined on the Southwest Branch, in the early part of the summer of 1844, a straight line was drawn from the boundary point on the Northwest Branch to a large monument erected on the left bank of the Southwest Branch where it is intersected by the parallel of latitude 46° 25'. The line so drawn crosses the Southwest Branch once before it reaches the parallel of latitude 46° 25', and at about half a mile distance from that parallel. There also a large monument has been set up on the left bank.

From the intersection of the parallel 46° 25' the boundary ascends the Southwest Branch, passes through a lake near its head, and so up a small stream which falls into the lake from the west to the source of that stream, which has been selected as the source of the Southwest Branch.

On the Southwest Branch there are two principal forks, at each of which two monuments have been erected, one on each bank of the river immediately above the forks and upon the branch established as the boundary. The maps point out their positions. At the mouth of the small stream selected as the source of the Southwest Branch a monument has been erected upon a delta formed by two small outlets. Above those outlets three other monuments have been placed at intervals upon the same stream.

Upon the crest of the dividing ridge, very close to the source of the Southwest Branch, a large monument has been erected. It is the first point in the highlands, and from it the boundary runs along the crest in a southerly direction, passing near to the southeastern shore of the Portage Lake, and so on to a large monument erected on a small eminence on the east side of the Kennebec road. Thence it passes through a dwelling house called Tachereau's, which was standing there at the time the line was run; so, by a tortuous course, it runs to the top of Sandy Stream Mountain; thence, inclining to the southwest, it runs over Hog Back the First, as shown in the maps; thence toward Hog Back the Second, which it leaves on the north side. Further on, at the head of Leech Lake, there is a stream which divides its waters and flows both into Canada and into the United States. The boundary has been made to run up that stream a short distance from the fork where the waters divide to a second fork; thence between the streams which unite to form that fork, and then to ascend again the dividing ridge. A monument has been erected at the fork first mentioned, where the waters divide.

As the boundary approaches the valley of Spider River it bends to the southeast, and, by a wide circuit over high and steep hills, it turns the head of Spider River; thence it bends to the northwest until it approaches within about 4 miles of Lake Megantic; thence it turns again south, having the valley of Arnolds River on the right and of Dead River on the left. It leaves Gasford Mountain in Canada, threads its way over very high ground between the head of Arnolds River and the tributaries of the Magalloway; inclines then to the north, so to the west, over very rocky, mountainous, and difficult country, leaving Gipps Peak in the United States, and turns by a sharp angle at Saddle Back to the south. After that it again inclines to the west, and then to the south, and again to the west, and passes the head of the Connecticut. About 3 miles and a half east of the head of the Connecticut there is a division of waters similar to that described near Leech Lake. The boundary runs down a stream from near its source to the fork where it divides, and then again follows the dividing ridge. The spot is noted on the map.

After the boundary has passed the head of the Connecticut it runs to the northwest, descending into very low, swampy ground between the heads of Indian Stream and the tributaries of the St. Francis. Thus it passes on, bending again to the south of west, over a high hill, to the source of Halls Stream.

Iron monuments have been erected at intervals along the highlands from the source of the Southwest Branch of the St. John to the source of Halls Stream, the position of each of which is shown upon the maps.

From the source of Halls Stream the boundary descends that river, dividing the islands, which are, however, merely unimportant alluvial deposits, in the manner indicated by the maps until it reaches the intersection of that stream by the line formerly run by Valentine and Collins as the forty-fifth degree of north latitude.

At that point a large monument has been erected on the right and a small one on the left bank of the stream. Monuments have also been erected along the bank of this stream, as indicated on the maps.

The line of Valentine and Collins was explored and found by the blazes still remaining in the original forest.

Upon cutting into those blazes it was seen that deep seated in the tree there was a scar, the surface of the original blaze, slightly decayed, and upon counting the rings (which indicate each year's growth of the tree) it was found that the blazes dated back to 1772, 1773, and 1774. The line of Valentine and Collins was run in 1771, 1772, 1773, and 1774. The coincidence of the dates of the blazes with those of the above line, confirmed by the testimony of the people of the country, satisfied the undersigned that the line they had found was that mentioned in the treaty. Along this portion of the boundary, which is known as the forty-fifth degree of Valentine and Collins, and which extends from Halls Stream to St. Regis, there are several interruptions to the blazes in those parts where clearings have been made, and there the authentic marks of the precise situation of the old line have been lost. In those cases the undersigned have drawn the boundary line straight from the original blazes on the one side of a clearing to the original blazes on the other side of the same clearing.

It can not be positively stated that the line as it has been traced through those clearings precisely coincides with the old line, but the undersigned believe that it does not differ materially from it; nor have they had the means of determining a nearer or a surer approximation.

Along this line, at every point of deflection, an iron monument has been erected; also at the crossing of rivers, lakes, and roads. Those which mark deflections are placed, as on the "north line," anglewise with the line; all the others are placed square with it. The maps show the position of each.

On the eastern shore of Lake Memphremagog an astronomical station was established, and on a large flat rock of granite, which happened to lie between the astronomical station and the boundary, was cut the following inscription:

Capt: Robinson.
Ast: Station
422 feet north.
_Meridian_ _Line._
-----------------------------()--------------------------------

Boundary Line
595 feet south
August, 1845.

_British Boundary Commission_

A mark was cut upon the stone, as indicated by the dot upon the meridian line above, from which these measurements were made.

At Rouses Point a monument of wrought stone was set up at the intersection of the boundary by the meridian of the transit instrument used there by Major Graham, and an inscription was cut upon it stating the latitude and longitude, the names of the observer and his assistant, the names of the commissioners, and the territories divided.

To mark the position of the instruments used at the following astronomical stations along the west line, two monuments within a few feet of each other have been erected at each station, and they have been placed on the boundary line due north or south of the instrument, as the case may have been.

The stations are: Lake Memphremagog, Richford, John McCoy's, Trout River.

The boundary along the west line, though very far from being a straight line, is generally about half a mile north of the true parallel of latitude 45° from Halls Stream to Rouses Point. At about 28 miles west of Rouses Point it, however, crosses that parallel to the south until it reaches Chateaugay River, where it bends northward, and, crossing the parallel again about 4 miles east of St. Regis, it strikes the St. Lawrence 151 feet north of 45°. At that point a large monument has been erected on the bank of the St. Lawrence. Two large monuments have also been erected, one on either side of the river Richelieu near Rouses Point.

No marks of the old line were to be found about St. Regis. It was therefore agreed to run a line due west from the last blaze which should be found in the woods on the east side of St. Regis. That blaze occurred about 1 mile east of the St. Regis River.

The maps, which exhibit the boundary on a scale of 4 inches to 1 statute mile, consist of 62 consecutive sheets of antiquarian paper as constructed by the British and of 61 as constructed by the American commission. A general map has also been constructed on a scale of 8 miles to 1 inch by the British and of 10 miles to 1 inch by the American commission, upon which the before-mentioned sheets are represented.

The following portions of the boundary have been laid down by the British commission, on detached maps, on a scale of 12 inches to 1 mile, which have been signed by both commissioners:

Grand Falls of the St. John, including the intersection of that river by the north line; islands of the St. John; the outlet of Lake Pohenagamook; the turning point of the boundary on the Northwest Branch of the St. John; the intersection of the Southwest Branch by the parallel of latitude 46° 25'; the source of the Southwest Branch; the source of Halls Stream; the intersection of Halls Stream by the west line; Rouses Point; St. Regis; Derby.

But similar maps have not been prepared by the American commission, because during the interval between the finishing of the maps of the British commission and those of the American it was thought that the maps already constructed upon a scale of 4 inches to 1 mile represented the boundary with sufficient clearness and accuracy.

The astronomical observations were begun at the Grand Falls early in June, 1843, and were carried up the St. John River to the Northwest Branch by a chain of stations, which, together with the results obtained, are tabulated in the appendix accompanying this report.

From the valley of the St. John an astronomical connection was made with Quebec, and thence to Montreal, and so to Rouses Point. From Rouses Point a connection was obtained with Cambridge University, near Boston.

The astronomical stations on the west line were: Intersection of Halls Stream by the west line, Lake Memphremagog, Richford, Rouses Point, John McCoy's, Trout River, St. Regis.

Latitude was also obtained at an astronomical station established for the purpose at the head of the Connecticut.

Volumes containing the astronomical observations of both commissions are herewith submitted. From them it will be observed that the results for absolute longitude obtained by the British and American astronomers do not agree. It being a difference in no way affecting the survey of the boundary line, the undersigned do not feel called upon to attempt to reconcile it. The data upon which those results are based may be seen in the volumes of observations accompanying this report.

In the appendix will be found, in a tabular form, the following:

An abstract of the survey of the boundary along the north line; an abstract of the survey of the boundary along the southwest line; an abstract of the survey of the boundary along the south line; an abstract of the survey of the boundary along the highlands; an abstract of the survey of the boundary along the west line; the position of the monuments erected on the Southwest Branch of the St. John and on Halls Stream; the distribution of the islands of the St. John and the monuments on them; the guide lines and offsets run by each commission for the survey of the highlands; the azimuths of verification for the survey of the highlands; the latitudes and longitudes obtained from the astronomical observations; the comparative longitudes obtained, and the methods used for the purpose.

Upon comparing the maps of the two commissions it will be seen that the American commission numbers two monuments more than the British. Those are to be found, one on the "Fourth Island," in the river St. John, and the other on the highlands between the source of the Southwest Branch of the river St. John and the Kennebec road.

On the maps of the British commission representing the "west line" the name of the town of "_Derby_" has been improperly placed north of the line instead of south of it. Also, on the same maps the direction of Salmon River, near the western extremity of the "west line," has been incorrectly laid down from the boundary line northward. A direction has been given to it northeasterly instead of northwesterly.

The above two corrections the British commissioner is authorized to make on his maps after his return to England.

To avoid unnecessary delay in making their joint report, the undersigned have attached their signatures to the maps, although the lettering of some of the astronomical stations upon the maps of the American commission, as well as the alterations before mentioned in the maps of the British commission, are yet to be made; but in the maps of both the boundary has been laid down accurately and definitively, and the undersigned engage that it shall not be altered in any respect.

In conclusion the undersigned have the honor to report that the line of boundary described in the foregoing statement has been run, marked, and surveyed, and the accompanying maps faithfully constructed from that survey.

The undersigned take leave to add that the most perfect harmony has subsisted between the two commissions from first to last, and that no differences have arisen between the undersigned in the execution of the duties intrusted to them.

Signed and sealed in duplicate, at the city of Washington, this 28th day of June, A.D. 1847.

J.B. BUCKNALL ESTCOURT, [SEAL.]
_Lieutenant-Colonel, Her Britannic Majesty's Commissioner_.

ALBERT SMITH, [SEAL.]
_United States Commissioner_.

NOTE.--The astronomical computations of the American commission not being completed, and it being unnecessary to defer the signing of the report on that account, the American commissioner engages to transmit them, with any other papers or tables not yet finished, as soon as they shall be so, to the British commissioner, through the American minister resident in London, to whom, upon delivery of the documents, the British commissioner will give a receipt, to be transmitted to the American commissioner.

J. B. BUCKNALL ESTCOURT,
_Lieutenant-Colonel, H.B.M. Commissioner of Boundary_.

ALBERT SMITH,
_United States Commissioner_.

WASHINGTON, _August 18, 1842_.

_To the Senate of the United States_:

I transmit to the Senate, for its consideration with a view to its ratification, a treaty of amity, commerce, and navigation with the Republic of Texas, negotiated at the seat of Government of the United States between the Secretary of State, duly empowered for that purpose, and the chargé d'affaires of that Republic.

In forming the first commercial treaty between the two Governments an anxious desire has been felt to introduce such provisions as should promote the interests of both countries. The immediate proximity of Texas to the United States and the consequent facility of intercourse, the nature of its principal agricultural production, and the relations which both countries bear to several large rivers which are boundaries between them, and which in some part of their course run within the territories of both, have caused peculiarities of condition and interests which it has been necessary to guard.

The treaty provides that Texas shall enjoy a right of deposit for such of her productions as may be introduced into the United States for exportation, but upon the condition that the Executive of the United States may prescribe such regulations as may be necessary for the proper enjoyment of the privilege within our territory. It was thought no more than reasonable to grant this facility to the trade of Texas, under such conditions as seem best calculated to guard against abuse or inconvenience.

The treaty further provides that raw cotton may be imported from either country into the other free of duties. In general it is not wise to enter into treaty stipulations respecting duties of import; they are usually much better left to the operation of general laws. But there are circumstances existing in this case which have been thought to justify a departure from the general rule, and the addition of it to the number of instances, not large, in which regulations of duties of imports have been made the subject of national compact.

The United States consume large quantities of raw cotton, but they are exporters of the article to a still greater extent. Texas, for the present at least, exports her whole crop. These exportations are, in general, to the same foreign markets, and it is supposed to be of no considerable importance to the American producer whether he meets the Texan product at home or abroad.

On the other hand, it is thought that a useful commercial intercourse would be promoted in several ways by receiving the raw cotton of Texas at once into the United States free of duty. The tendency of such a measure is to bring to the United States, in the first instance, Texan cotton ultimately destined to European markets. The natural effect of this, it is supposed, will be to increase the business of the cities of the United States to the extent of this importation and exportation, and to secure a further degree of employment to the navigation of the country. But these are by no means all the benefits which may be reasonably expected from the arrangement. Texas, at least for a considerable time to come, must import all the manufactured articles and much of the supplies and provisions necessary for her use and consumption. These commodities she will be likely to obtain, if to be had, in the markets of the country in which she disposes of her main annual product. The manufactures of the North and East, therefore, and the grain and provisions of the Western States are likely to find in Texas a demand, increased by whatever augments intercourse between the two countries, and especially by whatever tends to give attraction to the cities of the United States as marts for the sale of her great and principal article of export.

As a security, however, against unforeseen results or occurrences, it has been thought advisable to give this article of the treaty a limitation of five years.

JOHN TYLER.

WASHINGTON, _August 23, 1842_.

_To the Senate of the United States_:

A resolution of the Senate of the 21st of June last requested the President to communicate to the Senate, so far as he might deem it compatible with the public interests, what measures, if any, had been taken to obtain the recognition by the Mexican Government of such claims of American citizens as were laid before the late joint commission, but were not finally acted on by it, and the satisfaction of such claims as were admitted by said commission; also whether any facts had come to his knowledge calculated to induce a belief that any such claims had been rejected in consequence of the evidence thereof having been withheld by the Mexican Government, its officers or agents, and any other information which he might deem it expedient to communicate relative to said claims; and another resolution of the 6th instant requested the President, so far as he might deem it compatible with the public service, to communicate to the Senate the measures taken to obtain the performance of the stipulations contained in the convention with Mexico in relation to the awards made by the commissioners and umpire under said convention.

In the present state of the correspondence and of the relations between the two Governments on these important subjects it is not deemed consistent with the public interest to communicate the information requested. The business engages earnest attention, and will be made the subject of a full communication to Congress at the earliest practicable period.

JOHN TYLER.

WASHINGTON, _August 24, 1842_.

_To the Senate of the United States_:

On the 15th day of April, 1842, in virtue of the sentence of a court-martial regularly convened under orders from the Secretary of the Navy, which received my approval, John H. Clack, who was a captain in the Navy, was dismissed the service. Since the confirmation of that sentence a letter has been addressed by Mr. Paulding, late Secretary of the Navy, to Captain Clack, which leads to the belief that he had analyzed the charges made against Captain Clack, and for reasons which appeared to him satisfactory and which, according to his letter, he indorsed on the charges, disposed of the case by refusing to submit it to a court-martial.

Notwithstanding a diligent search has been made for this document, none such can be found; but the only paper in the office having reference to this subject is a letter addressed by Mr. Paulding to Lieutenant Buchanan, a copy of which, together with the original of that of Mr. P. to Captain C., is herewith communicated. I felt it, however, every way due to the high character of Mr. Paulding to consider the fact stated by him to be as well sustained by his declaration to that effect as if the record was found, and as the court-martial would not have been ordered by the present Secretary with the knowledge of the fact stated by Mr. Paulding, since it would have been improper to have reopened a case once finally disposed of, I have felt that it was alike due to the general service of the Navy as to Mr. Clack to nominate him for reappointment to the service.

I therefore nominate John H. Clack to be a captain in the Navy of the United States.

JOHN TYLER.

WASHINGTON, _August 25, 1842_.

_To the House of Representatives of the United States_:

In answer to the resolution of the House of Representatives of the 11th of June last, upon the subject of claims of citizens of the United States against the Government of the Mexican Republic, I transmit a report from the Secretary of State and a copy of the report of the commissioners on the part of the United States under the late convention between the United States and that Republic.

JOHN TYLER.

VETO MESSAGES.

WASHINGTON, _June 29, 1842_.

_To the House of Representatives of the United States_:

I return the bill, which originated in the House of Representatives, entitled "An act to extend for a limited period the present laws for laying and collecting duties on imports," with the following objections:

It suspends--in other words, abrogates for the time--the provision of the act of 1833, commonly called the "compromise act." The only ground on which this departure from the solemn adjustment of a great and agitating question seems to have been regarded as expedient is the alleged necessity of establishing by legislative enactments rules and regulations for assessing the duties to be levied on imports after the 30th June according to the home valuation, and yet the bill expressly provides that "if before the 1st of August there be no further legislation upon the subject, the laws for laying and collecting duties shall be the same as though this act had not been passed." In other words, that the act of 1833, imperfect as it is considered, shall in that case continue to be and to be executed under such rules and regulations as previous statutes had prescribed or had enabled the executive department to prescribe for that purpose, leaving the supposed chasm in the revenue laws just as it was before.

I am certainly far from being disposed to deny that additional legislation upon the subject is very desirable; on the contrary, the necessity, as well as difficulty, of establishing uniformity in the appraisements to be made in conformity with the true intention of that act was brought to the notice of Congress in my message to Congress at the opening of its present session. But however sensible I may be of the embarrassments to which the Executive, in the absence of all aid from the superior wisdom of the Legislature, will be liable in the enforcement of the existing laws, I have not, with the sincerest wish to acquiesce in its expressed will, been able to persuade myself that the exigency of the occasion is so great as to justify me in signing the bill in question with my present views of its character and effects. The existing laws, as I am advised, are sufficient to authorize and enable the collecting officers, under the directions of the Secretary of the Treasury, to levy the duties imposed by the act of 1833.

That act was passed under peculiar circumstances, to which it is not necessary that I should do more than barely allude. Whatever maybe, in theory, its character, I have always regarded it as importing the highest moral obligation. It has now existed for nine years unchanged in any essential particular, with as general acquiescence, it is believed, of the whole country as that country has ever manifested for any of her wisely established institutions. It has insured to it the repose which always flows from truly wise and moderate counsels--a repose the more striking because of the long and angry agitations which preceded it. This salutary law proclaims in express terms the principle which, while it led to the abandonment of a scheme of indirect taxation founded on a false basis and pushed to dangerous excess, justifies any enlargement of duties that may be called for by the real exigencies of the public service. It provides "that duties shall be laid for the purpose of raising such revenue as may be necessary to an economical administration of the Government." It is therefore in the power of Congress to lay duties as high as its discretion may dictate for the necessary uses of the Government without infringing upon the objects of the act of 1833. I do not doubt that the exigencies of the Government do require an increase of the tariff of duties above 20 per cent, and I as little doubt that Congress may, above as well as below that rate, so discriminate as to give incidental protection to manufacturing industry, thus to make the burdens which it is compelled to impose upon the people for the purposes of Government productive of a double benefit. This most of the reasonable opponents of protective duties seem willing to concede, and, if we may judge from the manifestations of public opinion in all quarters, this is all that the manufacturing interests really require. I am happy in the persuasion that this double object can be most easily and effectually accomplished at the present juncture without any departure from the spirit and principle of the statute in question. The manufacturing classes have now an opportunity which may never occur again of permanently identifying their interests with those of the whole country, and making them, in the highest sense of the term, a national concern. The moment is propitious to the interests of the whole country in the introduction of harmony among all its parts and all its several interests. The same rate of imposts, and no more, as will most surely reestablish the public credit will secure to the manufacturer all the protection he ought to desire, with every prospect of permanence and stability which the hearty acquiescence of the whole country on a reasonable system can hold out to him.

But of this universal acquiescence, and the harmony and confidence and the many other benefits that will certainly result from it, I regard the suspension of the law for distributing the proceeds of the sales of the public lands as an indispensable condition. This measure is, in my judgment, called for by a large number, if not a great majority, of the people of the United States; by the state of the public credit and finances; by the critical posture of our various foreign relations; and, above all, by that most sacred of all duties--public faith. The act of September last, which provides for the distribution, couples it inseparably with the condition that it shall cease--first, in case of war; second, as soon and so long as the rate of duties shall for any reason whatever be raised above 20 per cent. Nothing can be more clear, express, or imperative than this language. It is in vain to allege that a deficit in the Treasury was known to exist and that means were taken to supply this deficit by loan when the act was passed. It is true that a loan was authorized at the same session during which the distribution law was passed, but the most sanguine of the friends of the two measures entertained no doubt but that the loan would be eagerly sought after and taken up by capitalists and speedily reimbursed by a country destined, as they hoped, soon to enjoy an overflowing prosperity. The very terms of the loan, making it redeemable _in three years_, demonstrate this beyond all cavil. Who at the time foresaw or imagined the possibility of the present real state of things, when a nation that has paid off her whole debt since the last peace, while all the other great powers have been increasing theirs, and whose resources, already so great, are yet but in the infancy of their development, should be compelled to haggle in the money market for a paltry sum not equal to one year's revenue upon her economical system? If the distribution law is to be indefinitely suspended, according not only to its own terms, but by universal consent, in the case of war, wherein are the actual exigencies of the country or the moral obligation to provide for them less under present circumstances than they could be were we actually involved in war? It appears to me to be the indispensable duty of all concerned in the administration of public affairs to see that a state of things so humiliating and so perilous should not last a moment longer than is absolutely unavoidable. Much less excusable should we be in parting with any portion of our available means, at least until the demands of the Treasury are fully supplied. But besides the urgency of such considerations, the fact is undeniable that the distribution act could not have become a law without the guaranty in the proviso of the act itself.

This connection, thus meant to be inseparable, is severed by the bill presented to me. The bill violates the principle of the acts of 1833 and September, 1841, by suspending the first and rendering for a time the last inoperative. Duties above 20 per cent are proposed to be levied, and yet the _proviso_ in the distribution act is disregarded. The proceeds of the sales are to be distributed on the 1st of August, so that, while the duties proposed to be enacted exceed 20 per cent, no suspension of the distribution to the States is permitted to take place. To abandon the principle for a month is to open the way for its total abandonment. If such is not meant, why postpone at all? Why not let the distribution take place on the 1st of July if the law so directs (which, however, is regarded as questionable)? But why not have limited the provision to that effect? Is it for the accommodation of the Treasury? I see no reason to believe that the Treasury will be in better condition to meet the payment on the 1st of August than on the 1st of July.

The bill assumes that a distribution of the proceeds of the public lands is, by existing laws, to be made on the 1st day of July, 1842, notwithstanding there has been an imposition of duties on imports exceeding 20 per cent up to that day, and directs it to be made on the 1st of August next. It seems to me very clear that this conclusion is equally erroneous and dangerous, as it would divert from the Treasury a fund sacredly pledged for the general purposes of the Government in the event of a rate of duty above 20 per cent being found necessary for an economical administration of the Government.

The bill under consideration is designed only as a temporary measure; and thus a temporary measure, passed merely for the convenience of Congress, is made to affect the vital principle of an important act. If the proviso of the act of September, 1841, can be suspended for the whole period of a temporary law, why not for the whole period of a permanent law? In fact, a doubt may be well entertained, according to strict legal rules, whether the condition, having been thus expressly suspended by this bill and rendered inapplicable to a case where it would otherwise have clearly applied, will not be considered as ever after satisfied and gone. Without expressing any decided opinion on this point, I see enough in it to justify me in adhering to the law as it stands in preference to subjecting a condition so vitally affecting the peace of the country, and so solemnly enacted at a momentous crisis, and so steadfastly adhered to ever since, and so replete, if adhered to, with good to every interest of the country, to doubtful or captious interpretation.

In discharging the high duties thus imposed on me by the Constitution I repeat to the House my entire willingness to cooperate in all financial measures, constitutional and proper, which in its wisdom it may judge necessary and proper to reestablish the credit of the Government. I believe that the proceeds of the sales of the public lands being restored to the Treasury--or, more properly speaking, the proviso of the act of September, 1841, being permitted to remain in full force--a tariff of duties may easily be adjusted, which, while it will yield a revenue sufficient to maintain the Government in vigor by restoring its credit, will afford ample protection and infuse a new life into all our manufacturing establishments. The condition of the country calls for such legislation, and it will afford me the most sincere pleasure to cooperate in it.

JOHN TYLER.

WASHINGTON, _August 9, 1842_.

_To the House of Representatives of the United States_: