The Sun. — London, England, 1845-12-23 00:00:00

MOW . , ur Evart ood." (A his stay• ;ent who! :er 3.110 s Ines. 11 gime' the ❑t, said- - ,h( y were You must It was in e went to ONS. 3d ay, the Council were held le follow he teveral i e i n the owination —m e ssrs , j Wood , ;action of lening 0 0 , posed alle F.., in Lk e 1 for thls From their the chair' ward. he chair• were uin° fr. Barnes tbat . 1 0 t up la th ded. the dia l ' lected z. A s hley', W. jorieirof t bir. 1 1' nd Mr. Itighes ill the repre cklow, re" the 613 , °° 11 Was ue' ill in ti l e ut Oppt: J. Whether?. the chs;Pt irentent en done' m ' nam es 0 f 'uished I'. Mr. a s 13 ,,kert c as tert°, l/ ' Elrod°. roll in th e . a wigboo. IDt be n fiic l , opPe , he deck, lardo c, ininoosif ° in ~ d for rd cl)ePUOij s" t he rpeP tl „Vs are f the P'"; ving bee ihe sed r e o s ogs .- .a lb ° e said 0 , also ible 03 ` — e t sma tter' P O e i r e o inT, l re a prefe de d d e fers ItSt 11 1 ° 0 . ng 00 be d. ty; s of 10 tin/ the chi li ; w ard Iv iis ipsolit , e or ' l3 fs. Ige ss oo t s• ?rior,is Cbs ll.. tithe ° )siti ti ll() men • in th e f i t a tion 0. air. TWO Oritestillg he chair' Lrd, whr [ was " e ' . m al pro' in WO' seconded il . • Tbe i pt to ! t e l t rthY • h 1 or cho ir ' be of tiitiott • Tbe 62 ••" 56 •''' ••" 52 the 145 t co—" . f . erers Lion st flooll.ti that 13 , ot 011 red 6 ell tber COURT CIRCULAR. n , I F I XDSOR, MONDAY.—A fall of snow this morning eln prevented the Queen and the Royal Family from . 1 ?):ing their a c customed early morning airings. ban ' r i,nce Albert took the diversion of shooting this 4 ;: ra ing• There were in attendance on his Royal High• 11; 8 Major -General Sir Edward Bowater, Colonel *lea, and Mr. R. Ormsby Gore. The royal party Rturned to the Castle before two o'clock. to tarl D e l awarr and Sir Henry Wh eat l ey are expecte d ar rive at the Cast!e to-day, on a visit to her Majesty. plier Maj esty an d h er R o yal Consort walked out this afte rnoon. C There was no addition to the royal dinner circle at the the this evening. l' he Queen w ill h o ld a P r i v y Council this day (Tiles , It Y) at Wi n d sor Castle. Summonses were i ssue d yester tusY to th e Mi nisters. The Counc i l i s appo i nte d a t half raat tWO o'clock. th The Duke of Cambridge visited her Royal Highness ttr6cituchess of Gloucester, at Gloucester . House, yes . Granville Somerset, the Chancellar of the Ex- Oiler, the Earl of Aberdeen, and Sir James Graham, W is it . e d Sir Robert Peel yesterday, at his residence in g lte hall-gardens. busin ess de Pollen, the Sardinian Minister, transacted yesterday at the Board of Trade. to A Special general meeting of the Ecclesiastical Com th'sioners for England was held yesterda afternoon, at t t :, () Moe in Whitehall-place. The Commissioners . pre t,"",were the Archbishop of Canterbury, the Bishop of Ili: I I : J on, the Bishop of Ely, the Bishop of Llandaff, the thP of Rochester, and the Chancellor of the Ex 'gor. BAL MASQUE. Itit_!Jullien's third annual Bal Masque, which took place kpl u ght at Covent-garden Theatre, exceeded in splendour tyzevious public reunion of this description exhibited in 11 04 8 , U ntry. The appearance of the audience portion of the k ,as one blaze of exceeding brilliancy—the fronts of the kaivere gorgeously draperied, and the festoons of flowers, 44:fe glass chandeliers with innumerable gas jets, shed a ce on every object positively dazzling. Every dispos 14i seat of the boxes and galleries was occupied, and ItOrena with its countless quaint costumes and is sociations formed a coup as splendid as it 114 ique. We doubt whether such an orchestra was tile, before united for dance purposes—many of 14044405 t celebrated instrumentalists of Europe performed the tki k ; and though the numerical force amounted to 108. the ce : of sound was so admirably equalised, that no undue \NI of sound resulted from the combination. The greatest 4 !ltubl e rl ,t3 .- existed. The sets of dances were regulated by powdered and white-wanded masters of ceremo tkt.„ uadrilles, polkas, mazourkas, and tarantellas were ex lek47,lvith great spirit when we left the company ke le ß t to be enjoying the splendour and mirth of the ga; , - likt . '" i i,tb an appetite that seemed to grow by what it fed ,kte m The supper and wines were excellent. The bal Nit). " 1 845 reflects infinite credit on the taste and libe 0f Jullien. Op b , MG OF THE SHEFFIELD i f , s _ AND MANCHESTER RAILWAY. VellEszen, MoNDAY.—This has been a great day for . 1 4 t i7 w ns of Sheffield and Manchester, the railways between `ll l ,:'Points being opened throughout. The great obstacle tunnel mhichpierces the chainof hills between Lan 1e and Yorkshire—was this day formally opened. It ^I r ,": . ‘ 200,0001., and has taken seven years in execution. St b Taed over the hills, on coach, a fortnight ago, in a snow Le o ' arld can testify to the marvellous change effected by A of of the railway. t, h alti of about twenty carriages left the Sheffield station kto,: o'clock thi s morning, drawn by two new engines, !till/tilled by the Chairman, Mr. J. Parker, M.P. for tits l 9 the other Directors and their friends, to whom i ll th` e l(4l B had been issued. Precisely at five minutes past t w trai n was put into motion, and got under rapid way. !tpt,eather was extremely unpropitious, in consequence of 4 ik e 'leFelous fall of _snow. The train reached Dunfcrd kt in three-quarters of an hour, where it remained minutes for water. It then proceeded through the It is three miles and twenty yards, at a steady NZ , was 10 minutes in passing through this great sub `m bore ; and on emerging into the " regions of light," '"vibead, the passengers gave three hearty cheers, P O he • - =‘, 4e , .mountains e speedily passed over the 04 4 , t al viaduct at Dinting, and arrived at Manchester tit zth" • Past twelve, the band playing " See, the conquer- Nt ti . ° comes !" The party were met here by the Man shareholders, who proceeded to Sheffield, and dined veil. Sheffield friends. The line will be opened to the t het, t o - morrow. General Pasley, the Government in isizr, left Sh e ffi e ld a t t en o ' c l oc k on ' Saturday, and after over the line, gave the usual certificate of safety t l4llll . lit/cum.—A Privy Council will be held at r to day, for the purpose of completing the ministerial M u r aents. We have reason to believe that, with the 44 0 ,2 1 ! of the late Lord Wharncliffe, whose lamented loss 1 1 , r e : had so lately to announce, all the Ministers, save L'etn a ''"Uti in the offices they have hitherto occupied. The ;skit of Parliament will be decided upon at to - day's Privy it. , It will probably take place about a month from the k h, . ' ; t 7l tal a nniversary of the Marquis of Stafford's birth celebrated on on Tuesday last with the accustomary i l t i ttle t tZ on his noble father's estates in Staffordshire and 17 4 1 dshire. His Lordship on the above day completed 80 4 114 6: 41. * 144 V. , e aterci t a intess of Lincoln was safely delivered of a kiy morning, at the family mansion in Whitehall- Ise° lit 4 unt Palmerston received Lord Monteagle, the hi l l u n. HenryHenr - Labouchere, Lord Harry Vane, Mr. F. ,t" 11 % C. Gre?ille, and a select part y , at dinrur on Sun jt, at his mansion on Carlton Ho use-terrace. h e Ea r l f Morninuton has taken Oak Hall, near 4h. 0 IZlead, Essex, where his Lordship intends to reside during Vion of the ensuing year. Oak Hall is situate within a distance of Wanstead Park. N: the Congregation at Cambridge, on Friday, a y)l i assed the senate, appointing Mr. Cockerell to be the ?11 4 ` 1 % Basevi's successor, as architect to the new Fitz metNhiseum, in conformity with the recommendation of 4 4 william Syndicate, in their report of the 9th of De- A, l _inst. 2 1 :11,: s tnour has been for some time in circulation, rie ti .,,tif late obtained a degree of credit altogether dispro- Zglie lt `o to its probability, that an intention existed in the p` , ot . Quarter of appointing the Royal Consort to the corn , the army, whenever that most important post should 6 1 . 1: 14v vacant by the resignation of the Duke of Wellington. tie "qUeStiOnable authority for stating that no such 44 11 ° n ever existed on the part of her Majesty, and that 'l4st:ions person whose name has been so freely used has Z(l 4 ,ambition as to desire a post which requires for ` , 44 i Peformance of its delicate and important duties very t i tt 'lti l f's experience in the working of our military system, 6 e.d occupation of which has been always hitherto asso " the public mind with long service and brilliant dkents in the field.—Times 4 RICAN APPLES.—It has been noticed that the tio Introduced this year from the United States into the N t 4 Markets are much more affected than those of this v 7. and that few will keep. The disease is equally ex stitoe and analogous in its propagation to that so general in 61 ' 3 ' N ti ii EAsT.—There is an instrument invented e t i % " orientor," to assist Anglo-Catholics in discovering / tat; so that they may be able to say their prayers in hzut directi, n, wherever they may be. kt lq ,,ltiloußs ON TUB COAST OF OREGON.—A corre- I t qit of the Morning Chronicle, who has cruised on the 41 ,t 11: 4 4 , coast in sailing vessels and steamers, states that i je h ,fu there are scarcely any harbours from lat. 42 to the rcula River, yet to the northward of this the harbours tat4perous and splendid ; in fact, there are two in Juan de 414 traits, that will take nearly the whole of the British ?t t e tti t uerican fleets, and on Vancouver's Island there are 17 're from eight fathoms upwards. The harbours from : t ll , :ito 54 40 are so numerous, and have such famous e t ilF.s, that the Hudson Bay vessels cruising on the coast 1 4 11 11 t 'lnk of remaining under sail all night, as they are in 011„ 1 "gular soundings as afforded capital opportunity of i'ttli i , i ," ) g- He has in his possession a list of harbours to the 4 40,N of Columbia, amounting to upwards of sixty, with Ai a !itude and longitude. , t t illy length we are enabled to give a satisfactory t4. to the many anxious inquiries which have been ad ;l.,)lFi",l to us respecting the distribution of the promised de isi4:4l for the service performed by the British forces in ,ed'.sild to explain the cause of its issue having been de !Not so long a period. It appears that due diligence was la, getting the medal struck, and that it was ready for et p, i p t iv o lul proper time. But in accordance with the policy 1 1, ti i , Q ,„ uig the possibility of creating any misinterpretation 1 7rtg l .lacific intentions of the British Government , it was 4 m. Prudent to alter the original device on the reverse of t, t M 4dal, viz., " The British Lion trampling on the Dragon," Ol t i substitute a trophy incapable of giving offence, by k c, less emblematical of conquest, and more appropriate i t sie"tllemorate the expedition. The obverse of the i n isi t ii . tts it now appears, exhibits a faithful likeness of her IZlte , and on the reverse is the motto, " Peace in Asia i i . T l , by Victoria, 1842." It is to be worn suspended ktT button-hole by a red ribbon, with yellow edges.— tt72Nervice Gazette. 4 tt 4 LATE LORD WIIARNCLIFFE. — We understand 'll o u h. o, r .Sunday morning Mr. Meriman and . the physicians, Op e ,,!re called in to consult on the serious illness of this . ''st?,, n "tt nobleman, assembled at the family mansion in l' ! ii.t k asstreet, as well as Sir Benjamin Brodie, when there m tth n i?ost-morten/ examination of the deceased, when it was i Vlned that death was caused by an effusion on the brain. 4 Zl4 late Sir Matthew John Tierney, M.D., left qtll o , l '.un personal property estimated at 30,0001. He died Litty , c ossue, but by his will he has bequeathed to his niece , ft p l ierney, (the daughter of his brother Thomas Tierney, l i ! ! !,,I(lepItt. aster of the 43d Regiment of Light Infantry, who 1 4 b r 'rah him, a legacy of 8,000/. for her absolute use. To I, o 4 o ?ther, now Sir Edward Tierney, Bart., a legacy of '41• 44 ,,;; and to his Diece, Harriet Mary, daughter of Sir I,,ltclp e ,,' , he leaves 5,0001. The residue of his property, real 4 ittz le ` 6o nal, lie has given to his nephew, Matthew Edward Oei n 3 t r 'l 3ll. the Coldstream Guards, son of Sir Edward ; and I : Ti tri e u. his said brother, Sir Edward, and nephew, Matthew It'obsi e l eY, Esq., his executors. The latter alone obtained ' l 3, ab. ?ll the 18th inst. The will was made in January, T' en d codicil last September, a month before death. i ` l 's inf o REPRESENTATION OF HERTFORDSHIRE.—We . gen er ri tted that Mr. Spencer Cowper, in the anticipation of , 0n,., al election at an early period, declines to contest the 4 tl l' ' With Mr. Halsey at the present vacancy, but has t h ,„°Urie,..., . . , "'Qty. ' 4 - , his intention of coming forward at the next oppor to St es "ATIONs TO THE POOR.—Yesterday the magis ‘noNviat h, and Thames Police-courts,ac ttibet'iedo ged having received Si. each from "E. C." for dis s4 u to poor objects who are deserving of relief. t t i Vila g V s i d i !". BANKS.—The law applicable to banks for Were points out the classes of persons for whom sa ii je instituted—namely, to provide for the safe custody ;I t itse esi !ease of small savings belonging to the industrious ti3on!. to receive deposits of money for the benefit of those Ceres t 0 3 4 accumulate the produce thereof at compound in .1:14.,,Y. Part Government securities; and to return the whole, or t i mattors. of such deposits, and the produce thereof, to such a ny _ Scarcely have greater impositions been practised stie n e lesPeet than by persons very different from those thOs_ l 'ued, depositing for themselves and their children in !t, ;v. l_nateitutions, and it now behoves trustees and managers N l . 4 " ti n s od to it. It is a great disgrace to those who have :lto icie ' l l u ( VI are, committing this imposition, land it is the . - aer nn it uty of trustees and managers to eradicate it g ly, W e ll% P. Dickinson and Mr. Acland, members for 14,, ned klotn_ Somerset, are veering towards free- trade ; they have qo e i e . " cola shoulder towards the Agricultural Protection 1 0rail l_es— ‘,„ t r hei fi de em them imprudent. This is -a sign that Ni at rit • 'les the honour of standing alone in his glory. TfIP SUN LOS'DON. TUESDAY EVENING, DECMBER'Qi:' Yu& THE YARMOUTH MURDER. RE-APPREHENSION OF YARHAM. GLOUCESTER, MONDAY.—Our readers will doubtless remember the particulars of the murder of Harriet Candler, a shopkeeper in Yarmouth, on the night of the 18th of November, 1844.* We have from time to time detailed the circumstances and particulars as any fresh evidence or fact has been adduced, and we have now to state that Yarham has been apprehended at Blakeney, in Gloucestershire. Our readers will remember the extra ordinary testimony of the woman Dick, who stated that Yarham had confessed to her that he wa, conceFned in the murder. On the strength of this evidence a warrant was granted by the Yarmouth magistrates, on the 6th of December, for the apprehension of Yarham, and placed in the hands of Captain Love, the Superintendent of Police there. Some suspicion being entertained that ho was in Gloucestershire, Captain Love came to Gloucester on Saturday morning last, and immediately proceeded to Mr. Williams, the Superintendent of the Gloucester City Police, who, together with the Captain, went off to the town of Blakene-, - , about sixteen miles from Gloucester. At the house of Mr. Smallwood, shoe maker, Yarham was found at work, and informed of the reasons of the presence of the officers. He said he was aware of the circumstances of the murder from reading the newspapers, but denied the truth of the statement made by Dick, who said that he had confessed his guilt to her three weeks after his release from custody, whereas he says he left Yarmouth fourteen days after. This he says he can prove. Ile was taken to Gloucester, and on Sunday morning was removed to London, on the way to Yarmouth. GREAT LOSS OF LIFE AND PRO PERTY ALONG THE COAST. One of the fiercest storms that has been experienced for a considerable period took place soon after midnight on Sun day morning, from the N.N.E., and continued the entire day, occasioning innumerable catastrophes along the coast, and great loss of property. Off Margate, a homeward bound vessel, engaged in the Indian trade, was driven ashore on the Knock sands, and speedily became a wreck. She was called the Woodman, commanded by a Mr. Good, and was from Bombay, having on board a valuable cargo of mer chandise and several passengers, who had a narrow escape from drowning. Shortly after she had struck the, sands several luggers came off to her, and having preserved the passengers from the wreck, resorted to every possible means to get the ship off, but after many hours' labour, and all proving in vain, they were forced to leave her. At Bowcastle, a melancholy shipwreck happened about three miles up the coast to the northward. When the gale was at its height, a quantity of snow falling at the time, a brig named the Mary Ann, laden with coal, from Swansea, for London, was seen buffeting with the wind. She eventu ally drove within a short distance of the land, when the crew let go her anchors. The coast guard acted most cou rageously, for never had a vessel been witnessed being brought up under such circumstances as she under a lee shore. Her anchors held until after dark, when about nine o'clock a heavy sea struck her, snapped her cable, and she was dashed ashore with great violence, and with the excep tion of two seamen, the whole of her crew perished. The two poor fellows who escaped were washed on the beach from the vessel, which became a total wreck. Off Holyhead—Two vessels came in contact, and one it is feared foundered, with ten persons on board, the number of her crew. The vessel is the Aeolus, from Liverpool for the Azores, and the one which ran into her is the Young Queen, of the same port. Two only of the Aeolus's jumped on board the Young Queen, and before the vessels parted another at tempted a similar escape, but fell overboard and was drowned. A vessel was lost at the entrance of Sunderland harbour. The Swift (a brig from Ross bound for Leith), it appears, at tempted to run into the harbour, when she was struck against the south pier by a tremendous sea with such violence, as to turn her completely to the southward. The crew were got on shore, by means of lines thrown by rockets. At Bideford the gale blew terrifically high all day, with heavy falls of snow. In the early part of the day the wreck of the yacht Fanny, the property of Charles Montgomery, Esq., of Swansea, was driven in the harbour, and her frag ments strewed the shore on both sides for a considerable distance. It is ascertained that the vessel must have struck upon the bar in attempting to make the harbour, when she, no doubt, was instantly dashed to pieces, and all on board perishing. None of the bodies of the crew have as yet been picked up ; but a memorandum, of which the following is a copy, has been found amongst some papers washed up : "John Baillie and William Curran came on board the Fanny on the 20th of October, 1845." Many other fearful casualties occurred, but the correct paiticulars have not been as yet learned. (From a Second Edition of the Pembroke Advertiser, Friday night.)—lt is with extreme regret that we have to announce the wreck of two vessels at Fishguard Bay, which happened to-day. The stern of one of them has floated in, on which is inscribed" Howard, of Savannah." There were from thirty to forty persons seen on her deck previous to her going to pieces, but from the boisterous state of the weather no as sistance could be rendered, and it is supposed that all hands perished. From the size of the stern, she must have been a ship of about 700 tons burden. The name of the other vessel we have not yet been able to ascertain, but full particulars will appear in our next. Private letters have been received by this morn ing's mail from Madrid, of great commercial importance, in asmuch as they show a disposition on the part of the present Spanish Ministry to abandon their ola restrictive policy, and adopt more liberal principles of trade. The Ministry, it seems, have resolved to admit English cotton manufactures at a decreased rate of duty, those sorts paying the least which are not manufactured in the country. According to this mo dification of the law, it is said that goods of 100 threads to the square inch will pay 50 per cent., and the finer kinds not above 12 to 15. The coarser sorts will have a much higher protective duty. These measures, it is understood, have not been adopted by the Ministry without consulting the Catalo nians, whose opposition, in matters of this kind is so much to be apprehended; and they are about to obtain, if possible, the permission of the Chambers, or, if not, to try the new tariff without discussion, and by an order of the Government. No doubt seems to be entertained with respect to these facts, as far as the intentions of the Ministers are concerned, but their ability to carry those intentions into effect is subject to that doubt which attends everything Spanish. 1 .1 he late John Irving, Esq., M.P. for Antrim, late of Magheranemona, near Lisburne, Ireland; of Ashford, Middlesex; Richmond-terrace, Whitehall; and Tokenhouse yard, London. By his will, which was proved in Lon don on Friday last, the 19th inst., by his nephew and sole executor, John Irving, Esq., and which was made in August, 1845, he therein confirms a testamentary disposition executed by him according to the law of Scotland, whereby he devised his estates at Newfield, in Dumfries, North Britain, to his brother-in-law, Alexander Currie, for life; and at his decease to John Irving Currie, the son of the said Alexander Currie, and his heirs. All other his estates in Scotland he leaves to his said nephew, John Irving, and ap points hiss: residuary legatee, subject to a provision for the payment of certain annuities and legacies; and amongst other bequests he leaves to his nephew, John Davidson, 2001. a year, and a legacy of 5101. to his children. To his nephew, William Davidson, 2001. a year; also several legacies of 500/. to nephews and nieces. To his partners, Sir John Rae Reid, Bart., George Reid, and James Milligan, 5001. each; and has remembered other of his friends with similar bequests. The personal estate in England, within the province of Can terbury, was sworn under 30,000/., which is independent of his property in Scotland and Ireland. The Hon. Member died at his residence, Richmond-terrace, on the 10th ult., at the age of seventy-eight.—Post. ST. ANNE'S, Sono.—The rectory of this parish, which has recently become vacant by the death of Dr. M'Leod, is in the gift of the Bishop of London. It is worth nearly 1,000/. per annum. THE BASTARDY LAWS RIGHT or MARRIED WOMEN TO BECOME PLAINTIFFS IN QUESTIONS OF Am- LIATION.—A case involving a question of considerable im portance, came before the sitttng magistrate, Mr. Grove, at the Woolwich Police- court, on Friday last, on a summont obtained by a married woman named Holt, against a young man named Terry, whom she charged with being the father of her illegitimate child. The husband of the complainant is a private of marines, and it was during his absence in South America, where he remained for a period of four years, that the child was born, of which the woman alleged the defendant was the father. The view taken by Mr. Je remy when the summons was applied for, was whether a woman debarred, as in this case, from all intercourse with her husband, was not to be considered as a single woman for the time. Mr. Pelham, who appeared for the defence, took an objection in li,nine to the summons, which he con tended could not stand, as the complainant, being a married woman, had no standing in law, she could not be plaintiff in any action at common law. The present Act of Parliament was made for single women, and a wife could never lose her marital rights except by divorce. The husband must be the complainant, and even if he where, it was doubtful whether, in a case like this, she could give evidence involving an accusation of adultery against herself. Mr. Nokes, the clerk, said it was singular that a similar application was made at Greenwich that morn ing, and both himself and Messrs. Traill and Jeremy, after looking closely at all the Acts bearing on the question, were of opinion that the summonses ought to be granted. It was true the Act was not for married women, but the question was whether a woman whose husband could not possibly have access to her was not to be dealt with in the light of a single woman. Mr. Pelham said it was quite clear that if a married woman had half a dozen children by as many men, her husband must support them all. It was clear, also, that the settlement of the children must follow that of the father, and this would be the view the magistrates would take of it, supposing the children were paupers. In civil matters, even where the wife was separated from the hus band and occupied a house of her own, it was called the husband's house, even though he had never been in it and she had paid the rent. If the parties were married legally, it was only by the same legal mode that they could be di vorced. The case was ultimately dismissed from the absence of any corroborative evidence for the complainant. A HARD MASTER.—At Colchester Town-hall, yesterday (Thursday), William Greenwood, a tailor, living in Walford's-road, attended to hear a complaint brought against him by his apprentice, a youth named Golden Balls. From the statement of the latter it appeared that he was bound apprentice to Greenwood by the parish of St. Botolph, who supplied him with a new suit of clothes; for several months past his master (who made no complaint of the boy's conduct) had subjected him to a series of ill-usage. Besides " pinching his belly" by a short supply of food, lie had robbed his back by pawning the clothes with which lie had been furnished, and suffering him to go about almost in rags ; the boy was also made to work at his trade the whole of almost every Sunday ; and in order to prevent his making any complaint, he was in the habit of telling him that it would be no use his going to the magistrates, as they always took the master's part. The boy, however, who appears to be of very dooile disposition, found an opportunity of tell ing his tale of woe to a married sister, named Baker, by whom it was narrated to the Mayor, who directed the at tendance of the parties. The defendant admitted most of the boy's statements, but urged that want of money had com pelled him to adopt the course complained of. - The bench handed over the poor boy to the care of his sister; and, after expressing their sense of the heartless conduct of the defen dant, dismissed him with an intimation that he would before long hear more of the case.—Essex Standard. REVISION OF THE BUILDINGS ACT.—We are never willing to find fault, and would at any time step a little way out of the path of strict duty to avoid hurting the feelings of a professional brother. Our object in alluding to one or two instances of unwise conduct on the part of district surveyors, at the present moment, is to induce those who are deputed to see the Act carried out, to " do their spiriting gently," and not by an avaricious grasping after fees, to increase still fur ther the feeling of disapprobation which has been engendered. If they would consider for a moment, as we well know a large number of the body do, that they hold their office for the protection of the public, and not for their own personal ad vantage, their eourse of action would often be different from what it is. The Act is not put into an officer's hands simply that he may find occasions to demand a fee, but that he may. see its provisions for the general good (often opposed to pn vate interests) honestly carried out; provision is made in it to pay him fairly for all he does, but anything beyond this he ought not to look for and what is more, must not.--The udder. AMERICAN NEWS. THE PRESIDENT'S MESSAGE. By the Sea, Captain Freeman, from New York, which has made a quick passage of seventeen days to Liverpool, we have received the Message delivered by President Polk, to Congress, at Washington, on the 2d instant. This document, as expected, is very decided as to the right of the States to the Oregon territory, and recommends that notice be given to Great Britain of the wish to terminate the convention of joint occu pancy at the end of twelve months. The national finances of the States are represented as very prosperous, and the Message recommends a reduction of the tariff to a standard required only for revenue purposes. OPENING of THE TWENTY-NINTH CONGRESS. (From the Journal of Commerce.) The first session of the twenty-ninth Congress com menced at Washington city on Monday last. Both Houses are Democratic ; the Senate by a majority, including vacancies which are certain to be filled by Democrats, of six ; the House, by a majority of nearly two to one. The annexed letter from our cor respondent presents an outline of the introductory proceedings : WASHINGTON, DEc. 1. The Democratic Caucus re-assembled at ten o'clock this morning, and there were present one hundred and fifteen Members. On the first ballot for Speaker, the Hon. John W. Davis, of Indiana, had 65 votes; George W. Hop kins, of Virginia, 16 votes ; George C. Dromgoole, of Virginia, 7 ; C. J. Ingersoll, 12 ; Mr. Bowlin, 1; Mr. M'Clelland, 2. Scattering 9. Subsequently, a number of Members changed their votes, and Mr. Davis received 77 votes, which is two thirds the whole number given. So Mr. Davis was nominated both in conformity with the majority rule and two-thirds rule. This is a memorable election on many accounts. It is the first distinct and un disguised assumption of the power of the West, and the first marked proof of the declension of the puwer of the South. The following is THE MESSAGE. FELLOW•CITIZENS OF THE SENATE, AND HOUSE OF REPRESENTATIVES, It is to me a source of unaffected satisfaction to meet the Representatives of the States and the people in Con gress assembled, as it will be to receive the aid of their combined wisdom in the administration of public affairs. In performing, for the first time, the duty imposed upon me by the constitution, of giving to you information of the state of the Union, and recommending to your con sideration such measures as in my judgment are neces sary and expedient, I am happy that I can congratulate you on the continued prosperity of our country. Under the blessings of Divine Providence, and the benign in• fluence of our free institutions, it stands before the world a spectacle of national happiness. With our unexampled advancement in all the elements of national greatness, the affection of the people is con firmed for the union of the states, and for the doctrines of popular liberty, which lie at, the; foundation of our Government. _ _ It becomes us, in humility, to make our devout acknow ledgments to the Supreme Ruler of the Universe for the inestimable civil and religious blessings with which we are favoured. In calling the attention of Congress to our relations with foreign Powers, I am gratified to be able to state that, though with some of them there existed since your last session serious causes of irritation and misunder standing,: yet no actual hostilities have taken place. Adopting the maxim in the conduct of our foreign affairs, " to ask nothing that is not right, and submit to nothing that is wrong," it has been my anxious desire to preserve peace with all nations ; but at the same time to be pre pared to resist aggression, and to maintain all our just rights. MEXICO AND TEXAS. In pursuance of the joint resolution of Congress " for annexing Texas to the United States," my predecessor, on the third day of March, 1845, elected to submit the first and second sections of that resolution to the re public of Texas, as an overture, on the part of the United States, for her admission as a state into our Union. This election I approved, and accordingly the Chargé d'Affaires of the United States in Texas, under in structions of the 10th of March, 1845, presented these sections of the resolution for the acceptance of that Re public. The Executive Government, the Congress, and the people of Texas in convention, have successively complied with all the terms and conditions of the joint resolution. A constitution for the government of the state of Texas, formed by a convention of deputies, is herewith laid before Congress. It is well known, also, that the people of Texas at the polls have accepted the terms of annexation, and ratified the constitution. I communicate to Congress the correspondence be tween the Secretary of State and our Chargé d'Affaires in 'Texas; and also the correspondence of the latter with the authorities of Texas; together with the official documents transmitted by him to his own Government. The terms of annexation which were offered by the United States having been accepted by Texas, the public faith of both parties is solemnly pledged to the compact of their union. Nothing remains to consummate the event but the passage by an act of Congress to admit the state of Texas into the Union upon an equal footing with the original States. Strong reasons exist why this should be done at an early period of the session. It will be observed that, by the constitution of Texas, the existing Government is only continued temporarily till Congress can act; and that the third Monday of the present month is the day appointed for holding the first general election. On that day a governor, a lieutenant governor, and both branches of the Legislature, will be chosen by the people. The President of Texas is re quired immediately after the receipt of official in formation that the new State has been admitted into our union by Congress, to convene the Legislature; and upon its meeting the existing Government will be superseded, and the State Government organised. Questions deeply interesting to Texas, in common with the other States, the extension of our re venue laws and judicial system over her people and ter ritory, as well as measures of a local character, will claim the early attention of Congress ; and, therefore, upon every principle of republican government, she ought to be represented in that body without unnecessary delay. I cannot too earnestly recommend prompt action on this important subject. As soon as the Act to admit Texas as a state shall be passed, the union of the two republics will be consum mated by their own voluntary consent. This accession to our territory has been a bloodless achievement. No arm of force has been raised to pro duce the result. The sword has had no part in the vic tory. We have not sought to extend our territorial possessions by conquest, or our republican institutions over a reluctant people. It was the deliberate homage of each people to the great principles of our federative union. If we consider the extent of territory involved in the annexation—its prospective influence on America—the means by which it has been accomplished, spring in g purely from the choice of the people themselves to share the blessings of our union—the history of the world may be challenged to furnish a parallel. The jurisdiction of the United States, which at the formation of the federal constitution was bounded by the St. Mary's, on the Atlantic, has passed the Capes of Florida, and been peacefully extended to the Del Norte. In contemplating the grandeur of this event, it is not to be forgotten that the result was achieved in spite of the diplomatic interference of European monarchies. Even Fa maintaining r c o t r h y e wt c hi o le u i cf n hr try which e ehd aosmaofcommon oh h me a dms seas — n i ntohtueerr countrye st ancient vith ally— the us which,in by the cession of Louisiana, first opened to us access to the Gulf of Mexico—the country with which we have been every year drawing more and more closely the bonds of successful commerce —most unexpectedly, and was s e fl t h i f un u s e eu l t to our unfeigned regret, took part in an effort to prevent annexation, and to impose on Texas, as a condition of the recognition of her independence by Mexico, that she dsziee j raf : e i a c rt l ct that p p purposes the irnp tranquil coispelse ooff sßeai innr a ciit li tme! d rsoohf veupersaere and ei r n tpe g enowac i f would never join herself to the United States. We may F ce influence dei per o eln f e i e h toeo e f, s h that s the i valmost thatun effec tive rebuke. From this example, European Govern ments may learn how vain diplomatic arts and intrigues T an e d xa t must ever prove upon this continent, against that system ' of se lf-government which seems natural to our so il, a nd which will ever resist foreign interference. Towards Texas, I do not doubt that a liberal and generous spirit will actuate Congress in all that concerns her interests and prosperity, and that she will never have cause to regret that she has united her " l one star " to our glorious constellation. I regret to inform you that our relations with Mexico, since your last session, have not been of that am i ca bl e character which it is our desire to cultivate with all foreign nations. On the 6th day of March l as t th e Mexican Envoy Extraordinary and Minister Plenipo tentiary to the United States made a formal protest, in the name of his Government, against the joint resolu tion passed by Congress, ‘‘ for the annexation of Texas to the United States, which he chose to regard as a violation of the rights of Mexico, and, in consequence of it he demanded his passpor ts. He wasinformed that the Government of the United States did not consider this joint resolution as a violation of any of the rights of Mexico, or that it afforded any just cause of offence to his Government ; that the republic of Texas was an independent power, owing no allegiance to Mexico, and constituting no part of her territo r y or rightful sove reignty and jurisdiction. He was also assured it was thatt was the sincere desire of this Government to mai▪ ntain with that of Mexico relations of peace and good under standing. That functionary, however, notwithstanding these representations and assurances, abruptly termi▪ nated his mission, and shortly afterwards left the country. Our Envoy Extraordinary and Minister Plenipoten tiary to Mexico was refused all official intercourse with that Government, and, after remaining several months by the permission of his own Government, he returned to the United States. Thus, by the acts of Mexico, all diplomatic intercourse between the two countries was suspended. Since that time, Mexico has, until recently, occupied an attitude of hostility towards the United States—has been marshalling and organising armies, issuing procla mations, and avowing the intention to make war on the United States, either by open declaration, or by invading Texas. Both the Congress and Convention of the people of Texas invited this Government to send an army into that territory to protect and defend them against the menaced attack. The moment the terms of annexation offered by the United States were accepted by Texas, the latter became so far a part of our own country as to make it our duty to afford such protection and defence. T, therefore, deemed it proper, as a precautionary mea sure, to order a strong squadron to the coasts of Mexico, and to concentrate an efficient military force on the western frontier of Texas. Our army was ordered to take position in the country between the Nueces and the Del Norte, and to repel any invasion of the Texan ter ritcry which might be attempted by the Mexican forces. Our squadron in the gulf was ordered to co-operate with the army ; but, though our army and navy were placed in a position to defend our Own and the rights of Texas, they were ordered to commit no act of hostility against Mexico, unless she declared war, or was herself the ag gressor by striking the first blow. The result has been, that Mexico has made no aggressive movement, and our military and naval commanders have executed their orders with such discretion, that the peace of the two republics has not beer, disturbed. Texas had declared her independence, and maintained it by her arms for more than nine years. he has had an organised Government in successful operation during that period. Her separate existence as an independent state had been r, crgnised by the Unitd Sta: , s and the principal powers ot Europe. Tr,liti. , s of cuorn: ree and navigution had been concluded with her by dith rent nationtz, and it had become inanifest to the whole world that any further attempt on the part of Mexico to con quer her, or overthrow her Government, would be vain. Even Mexico herself had become satisfied of this fact ; and while the question of annexation was pending before the people of Texas, during the past summer, the Government of Mexico by a formal act agreed to recognise the independence of Texas on condition that she would not annex herself to any other power. The agreement to acknowledge the independence of Texas, whether with or without this condition, is conclusive against Mexico. The independence of Texas is a fact conceded by Mexico herself, and she has no right or au thority to prescribe restrictions as to the form of go vernment which Texas might afterwards assume. But though Mexico cannot complain of the. United States on account of the annexation of Texas, it is to be regretted that serious causes of misunderstanding between the two countries continue to exist, growing out of unredressed in juries inflicted by the Mexican authorities and people on the persons and property of citizens of the United States through a long series of years. Mexico has admitted these injuries, but has neglected and refused to repair theta. Such was the character of the wrongs, and such the insults repeatedly offered to American citizens and the American flag by Mexico, in palpable violation of the laws of nations and the treaty between the two countries of the sth of April, 1831, that they have repeatedly been brought to the notice of Congress by my predecessors. As early as the Bth of February, 1837, the President of the United States declared, in a message to Congress, that " the length of time since some of the injuries have been committed, the repeated unavailing applications for redress, the wanton character of some of the outrages upon the persons and property of our citizens, upon the officers and flag of the United States, independent of re cent insults to this Government and people by the late extraordinary Mexican Minister, would justify in the eyes of all nations immediate war." He did not, how ever, recommend an immediate resort to this extreme measure, which he declared, " should not be used by just and generous nations, confiding in their strength for injuries committed, if it can be honourably avoided," but in a spirit of forbearance, proposed that another demand be made on Mexico for that redress which had been so long and unjustly withheld. In these views, Committees of the two "louses of Congress, in reports made to their respective bodies, concurred. Since these proceeedings more than eight years have elapsed, during which, in addition to the wrongs then complained of, others of an aggravated character have been committed on the per sons and property of our citizens. A special agent was sent to Mexico in the summer of 1838, with full autho rity to make another and final demand for redress. The demand was made; the Mexican Government promised to repair the wrongs of which we complained ; and after much delay a treaty of indemnity with that view was completed between the two powers on the 11th of April, 1839, and was duly ratified by both Governments. By this treaty a joint committee was created to adjudicate and decide on the claims of American citizens on the Government of Mexico. The commission was organised at Washington on the 25th day of August, 1840. Their time was limited to 18 months, at the expiraiion of which they had adjudicated and decided claims amounting to 2,026,139 dolls. 66c. in favour of citizens of the United States against the Mexican Government, leaving a large amount of claims undecided. Of the latter the American commissioners had decided in favour of our citizens claims amounting to 928,627 dolls. 88e., which were left unacted on by the umpire aathorised by the treaty. Still further claims, amounting to between 3,000,000 and 4,000,000 dolls. were submitted to the board too late to be considered, and were left undisposed of. The sum of 2,026,139 dolls. 68c., decided by the board, was a liqui dated and ascertained debt due by Mexico to the claim ants, and there was no justifiable reason for delaying its payment according to the terms of the treaty. It was not, however, paid. Mexico applied fur further in dulgence ; and in that spirit of indulgence and liberality granted; s l nt f eet orb eoddn c; se and a r nd a tdee n dso c . e n t o w t Bwh h yea i c r3t hdhosi 30th h a t t that ofr ae e tav January, ya r marked republic, a awr r y k s the pBtrtho;3e policy o e 1 i e c y requestof the was d twhatrteathtye interest due on the awards in favour of claimants under the convention of the 11th of April, 1839, should be paid on the 30th April, 1844, and that " the principal of the said awards and the interest arising thereon shall be paid in five years, in equal instalments every three months ; the said five years to commence on the 30th day of April, 1843, as aforesaid." The interest due on the 30th day of April, 1843, and the three first of the 20 instalments, have been paid. Seventeen of these instal ments remain unpaid, seven of which are now due. Tha claims which are left undecided by the joint com mission, amounting to more than 3,000,000 dollars, together with other claims for spoliations on the pro perty of our citizens, were subsequently presented to the Mexican Government for payment, and were so far recognised that a treaty, providing for their examina tion and settlement by a joint commission, was con cluded and signed at Mexico on the 20th day of No vember, 1843. This treaty was, ratified by the United States, with certain amendments, to which no just ex ception couid have been taken ; but it has not yet re ceived the ratification of the Mexican Government. In the meantime our citizens, who suffered great losses. and some of whom have been reduced from affluence to bankruptcy, are withot remedy, unless their rights be enforced by their Government. Such a continued and unprovoked series of wrongs could never have been tole rated by the United States had they been committed by one of the principal nations of Europe. Mexico was, however, a neighbouring sister republic, which, follow ing our example, had achieved her independence, and for whose success and prosperity all our sympathies were early enlisted. The United States were the first to ac knowledge her independence, and to receive her into the family of nations, and have ever been desirous of cultivating with her a good understanding. We have, therefore, borne the repeated wrongs she has committed with great patience, in the hope that a returning sense of justice would ultimately guide her councils, and that we might, if possible, honourably avoid any hostile col lision with her. Without the previous authority of Congress, the exe cutive possessed no power to adopt or enforce adequate remedies for the injuries we had suffered, or to do more than be prepared to repel the threatened aggression on the part of Me x i co . Af ter o ur army and navy h a d re mained on the frontier and coasts of Mexico many weeks, without any hostile movement on her part, though her menaces were continued, I deemed it important to put an end, if possible, to this state of thing s . With this view, I caus e d s t eps to b e taken, in the month of Sep tember. last, t o ascer t a i n distinctly, and in a n au thentic form, what the d esigns o f the Mexican Governm e nt were, whether it was th e i r i n t en tion to declare w ar or i nva de Texas, or whether they were disposed t o a dj ust an d settle, in an amic a ble manner, the pending diff erences between the two countries. On the 9th of November an official answer was received, that . the Mexican Go vernment consented to renew the -diplomatic relations which had been suspended in March last, an d f or t h a t purpose were willing to accredit a Minister from the United States. With a sincere desire to preserve peace, and restore relations of good understanding between the two republics, I waived all ce rem ony as to the manner of renewing diplomatic intercourse between them ; and assuming t he initiative, on the 10th of November, a distinguished citizen of Louisiana was appointed Envoy Extraordinary and rglinister Ple nipotentiary to Mexico, clothed with full p ower to a d. just, and definitely settle, all pend in g difference s between the two countries, including those of boundary between Mexico and the State of Texas. The Min is t er appo i nte d has set out on this mission, and is probably by this time near the Mexican capital. H He has been en t ruste d t o bring the negotiation with which he is charg e d t o a con clusion at the earliest practi cable period ; w hi c h , i t i s expected, will be in time to enable me to f or b ear to re commend to Congress such u lterior measures of redress for the wrongs and injuries we have so long borne as it would have been proper to make had no such negotiation been instituted. Congress appropriated at the last session the sum of 275,000 dollars for the payment of the April and July instalments of the Mexican indemnities for the year 1844 ; " provided it shall b e ascertained to the satis faction of the American Government that said instal ments have been paid by the Mexican G overnment to the agent appointed by the United States to receive the same, in such manner as to discharge all claim on the Mexican Government, and said agent to be delinquent in remitting the money to the United States." '1 he unsettled state of our relations with Mexico has involved this subject in much mystery. The first infor mation, in an authentic form, from the agent of the United States, appointed un der the administration of my predecessor, was received at the State department on the 9th of November last. This is contained in a letter, dated the 7th of October, addressed by him to one of our citizens then in Mexico, with the view of having it communicated to that depar tment. From this it ap pears that the agent, on the 20th Septemb er , 1844 . gave in n hi c m ash at the time in but that he a receipt to the treasury of Mexico for the amount o f the April and July instalments of the ind emn i ty. I n ; h h o d lds the same communication, however, he asserts t h at h e had not received such giving the receipt, and entertains no doubt that h e w ill eventually obtain the money. As these instalments seou risecurities e a s singlesa warranted dollar appear never to have been actually paid by the Go- vernment of Mexico to the agent, and as that Go vernment has not, therefore, been released so as to discharge the claim, I do not feel myself warranted in directing payment to be made to the claimants out of the treasury without further legislation. Their case is, undoubtedly, one of much hardship ; and it remains for Congress to decide, whether any and what relief ought to be granted to them. Our Minister to Mexico has been instructed to ascertain the facts of the case from the Mexican Government, in an authentic and official form, and report the result with as little delay as possible. TIIE OREGON QUESTION. My attention was early directed to the negotiation, which, on the 4th of March last, I found pending at Washington between the United States, and Great Bri tain, on the subject of the Oregon territory. Three several attempts had been previously made to settle the questions in dispute between the two countries, by ne gotiation, upon the principle of compromise; but each had proved unsuccessful. These negotiations took place at London, in the years 1818, 1824, and 1829; the two first under the adminis tration of Mr. Monroe, and the last under that of Mr. Adams. The negotiation of 1818 having failed to ac complish its c bject, resulted in the convention of the 20th of October of that year. By the third article of that convention it was " agreed that any country that may be claimed by either party on the north-west coast of America, westuard of the Stony Mountains, shall, to gether with its harbours, Lays, and creeks, and the na vigation of all rivers within the same, be free and open for the term of ten years from the date of the signature of the present convention, to the vessels, citizens, and subjects of the two powers; it being well understood that this agreement is not to be! construed to the preju d:ce of any ciaiw which either of t. e high c. , s. it:, -- ing parties iiay hay , to any }..r s . tii, nor shall it or taken t. ath-ct..tne power or state to any part of the and eountr . ; the only object of the high contracting parties in that respect being to prevent disputes and differences among them selves." The negotiation of 1814 was productive of no result, and the convention of 1818 was left unchanged. The negotiation of 1826, having also failed to effect an adjustment by compromise, resulted in the convention of August 6th, 1827, by which it was agreed to continue in force, for an indefinite period, the provisions of the third article of the convention of the 20th of October, 1818 ; and it was further provided, that "it shall be competent, however, to either of the contracting parties, in case either should think fit, at any time after the 20th of October, 1828, on giving due notice of 12 months to the other contracting party, to annul and abrogate this convention ; and it shall, in such case, be accordingly entirely an nulled and abrogated after the expiration of the said term of notice." In these attempts to adjust the controversy, the parallel of the 49th degree of north latitude had been offered by the United States to Great Britain, and in those of 1818 and 1826, with a further concession of the free navigation of the Columbia River south of that latitude. The parallel of the 49th degree, from the Rocky Moun tains to its intersection with the north-easternmost branch of the Columbia, and thane down the channel of that river to the sea, had been offered by Great Britain, with an addition of a small detached territory north of the Columbia. Each of these propositions had been rejected by the parties respectively. In October,lB43, the Envoy Extraordinary and Minis ter Plenipotentiary of the United States in London was authorised to make a similar offer to those made in 1818 and 1826. Thus stood the question when the negotia tion was shortly afterwards transferred to Washington, and, on the 23d of August, 1844, was formally opened under the direction of my immediate predecessor. Like all the previous negotiations, it was based upon princi ples of " compromise ;" and the avowed purpose of the parties was, " to treat of the respective claims of the two countries to the Oregon territory, with the view to establish a permanent boundary between them westward of the Rocky Mountains in the Pacific Ocean." Ac cordingly, on the 26th of August, 1844, the British Plenipotentiary offered to divide the Oregon territory by the 49th parallel of north latitude, from the Rocky Mountains to the point of its intersection with the north easternmost branch of the Columbia River, and thence down that river to the sea, leaving the free navigation of the river to be enjoyed in common by both parties—the country south of this line to belong to the United States, and that north of it to Great Britain. At the same time, he proposed, in addition, to yield to the United States a detached territory, north of the Columbia, extending along the Pacific and the Straits of Fuca, from Bulfinch's Harbour, inclusive, to Hood's Canal, and to make free to the United States any port or ports south of latitude 49 degrees, which they might desire, either on the main land or on Quadra and Vancouver's Island. With the exception of the free Forts, this was the same offer which had been made by the British and rejected by the American Go vernment in the negotiation of 1826. This proposition was properly rejected by the American Plenipotentiary on the day it was submitted. This was the only propo sition of compromise offered by the British Plenipoten tiary. The proposition on the part of Great Britain having been rejected, the British Plenipotentiary re quested that a proposal should be made by the United States for " an equitable adjustment of the question." When I came into office I found this to be the state of the negotiation. Though entertaining the settled conviction that the British pretensions of title could not bo maintained to any portion of the Oregon territory upon et in d any ei p er r e in n c c i e p t l o e of public had beenci lawrdecoongenbisyedm)bynations y predeces sors, and especially in consideration that propositions of compromise had been thrice made by two preceding Administrations, to adjust the question on the parallel of 49 degrees, and in two of them yielding to Great Britain the free navigation of the Columbia, and that the pending negotiation had been commenced on the basis of compromise. I deemed it to be my duty not abruptly to break it off. In consideration, too, that under the conventions of 1818 and 1827, the citizens and subjects of the two powers held a joint oc cupancy of the country, I was induced to make another effort to settle this long-pending controversy in the spirit of moderation which had given birth to the re newed discussion. A proposition was accordingly made, which was rejected by the British Plenipotentiary, who, without submitting any other proposition, suffered the negotiation on his part to drop, expressing his trust that the United States would offer what he saw fit to call " some further proposal for the settlement of the Oregon question more consistent with fairness and equity, and with the reasonable expectations of the British Govern. ment." The proposition thus offered and rejected re peated the offer of the parallel of 49 degrees of north latitude, which had been made by two preceding Ad ministrations, but without proposing to surrender to Great Britain, as they had done, the free navigation of the Columbia River. The right of any foreign power to the free navigation of any of our rivers, through the heart of our country, was one which I was unwilling to concede. Italse embraced a provision to make free to Great Britain any port or ports on the Cape of Quadra and Van couver's Island, south of this parallel. Had this been a new question, coming under discussion for the first time, this proposition would not have been made. The extra ordinary and wholly inadmissible demands of the British Government, and the rejection of the proposition made in deference alone to what had been done by my prede cessors, and the implied obligation which their acts seemed to impose, afford satisfactory evidence that no compromise which the United States ought to accept can be effected. With this conviction the proposition of compromise which had been made and rejected was by my direction subsequently withdrawn, and our title to the whole Oregon territory asserted, and as is believed maintained by irrefragable facts and arguments. The civilised world will see in these proceedings a spirit of liheral concession on the part of the United States, and this Government will be relieved from all resFonsibility which may follow the failure to settle the controversy. All attempts at compromise having failed, it becomes the duty of Congress to consider what measures it may be proper to adopt for the security and protectioff of our citizens now inhabiting, or who may hereafter inhabit Oregon, and for the maintenance of our just title to that territory. In adopting measures for this pur pose, care should be taken that nothing be done to violate the stipulations of the convention of 1827, which is still in force. The faith of treaties, in their letter and spirit, has ever been, and I trust will ever be, scrupulously observed by the United States. Under that conventicn a year's notice is required to be given by either party to the other, before the joint occu pancy can terminate, and before either can rightfully assert or exercise exclusive jurisdiction over any portion of the territory. This notice it would, in my judgment, be proper to give ; and I recommend that provision be made by law for giving it accordingly, and terminating, in this manner, the convention of the 6th of August,lB27. It will become proper for Congress to determine what legislation they can, in the meantime, adopt without violating this convention. Beyond all question, the pro tection of our laws and our jurisdiction, civil and cri minal, ought to he immediately extended over our citi zens in Oregon. They have had just cause to complain of our long neglect in this particular, and have, in con sequence, been compelled, for their own security and protection, to establish a Provisional Government for themselves. Strong in their allegiance and ardent in their attachment to the United States, they have thus been cast upon their own resources. They are anxious that our laws should be extended over them ; and I recom mend that this be done by Congress with as little delay as possible, in the full extent to which the British Par liament have proceeded in regard to British subjects in that territory, by their Act of July 2, 1821, " for regu lating the fur trade, and establishing a criminal and civil jurisdiction within certain parts of North America." By this Act, Great Britain extended her laws and jurisdiction, civil and criminal, over her subjects engaged in the fur trade in that territory. By it, the courts of the province of Upper Canada were empowered to take cognisance of causes civil and criminal. Justices of the peace and other judicial officers were authorised to be appointed in Ot egon, with power to execute all process issuing from the courts of that province, and to "sit and hold courts of record for the trial of criminal offences and misde meanours," not made the subject of capital punishment, and also of civil cases, w here the cause of action shall not " exceed in value the amount or sum of 200/." Subsequent to the date of this Act of Parliament, a grant was made from the "British Crown" to the Hud son's Bay Company, of the exclusive trade with the In dian tribes in the Oregon territory, subject to are serve tion that it shall not operate to the exclusion " of the subjects of any foreign states who, under or by force of any convention for the time being, between us and such foreign states respectively, may be entitl e d t o , a n d shall be engaged in the said trade." It is much to be regretted, that, while under this Act the British subjects have enjoyed the protection of Bri tish laws, and British judicial tribunals throughout the whole of the Oregon, the American citizens in the same teritory have enjoyed no such protection from their Government. At the same time, the n suit illustrates the character of our people and :their institutions. In spite of this neglect they have multiplied, and their number is rapidly increasing in that teritory. They have made no appeal to arms, but have peaceably fortified themselves in their new homes, by the adoption of republican institu tions for themselves ; forming another example of the truth that self-government is inherent in the American breast, and must prevail. It is due to them that they should be embraced and protected by our laws. It is deemed important that our laws regulating trade and intercourse with the Indian tribes east of the Rocky Mountains should be extended to such tribes as dwell bey and them. The increasing emigration to Oregon, and the care and protection which is due from the Government to its citiz;:ns in that distant region, make it our duty, as it is our interest, to cultivate amicable relations with the In dian tribes of that territory. For this purpose, I recom mend that provision be made for establishing an Indian agency and such sub-agencies as may be deemed neces sary beyond the Rocky Mountains. For the protection of emigrants whilst on their way to Oregon, against the attacks of the Indian tribes occu pying the country through whi'_•ll they pass, I recom mend that a suitable number of stockades and block house forts be erected along the usual route between our frontier settlements on the Missouri and the Rocky Mountains, and that an adequate force of mounted rifle men le! rair,ed to guard and protect them on the journey. The immediate adoption of tio.se recommendations by Congress will not violate tin_ provisions of the existing treaty. It will 136 doing nothing more for American c:tizens than British laws have long since done for Bri tish subjects in the same territory. It requires several months to perform the voyage by sea from the Atlantic States to Oregon ; and although we have a large number of whale ships in the Pacific, but few if them arvOrd an opportunity of interchanging in , . h!•!• •• F• it n v Lti tsc g zuet, I ;Ilona!, is submitted to — the favourable consideration or Congress. It is submitted to the wisdom of Congress to deter mine whether, at their present session, and until after the expiration of the year's notice, any other measures may be adopted, consistently with the convention of 1827, for the security of our rights, and the government and protection of our citizens in Oregon. That it will ultimately be wise and proper to make liberal grants of land to the patriotic pioneers, who, amidst privations and dangers, lead the way through savage tribes inha biting the vast wilderness intervening between our fron tier a ttlements and Oregon, and who cultivate, and are ever ready to defend the soil, lam fully satisfied. To doubt whether they will obtain such grants as soon as the convention between the United States and Great Britain shall have ceased to exist would be to doubt the justice of Congress ; but, pending the year's notice, it is worthy of consideration whether a stipulation to this effect may be mi.de, consistently with the spirit of that convention. The recommendations which I have made as to the best manner of securing our rights in Oregon are sub mitted to Congress with great deference. Should they, in their wisdom, devise any other mode better calculated to accomplish the same object, it shall meet with my hearty concurrence. At the end of the year's notice, should Congress think it proper to make provision for giving that notice, we shall have reached a period when the national rights of Oregon must either be abandoned or firmly maintained. That they cannot be abandoned without a sacrifice of both national honour and interest is too clear to admit of doubt. Oregon is a part of the North American continent, to which it is confidently affirmed the title of the United States is the best now in existence. For the grounds on which that title rests, I refer you to the correspondence of the late and present Secretary of State with the. Bri tish Plenipotentiary during the negotiation. The British proposition of compromise, which would make the Colum bia the line south of 49 degrees, with a trifling addition of detached territory to the United States north of that river, and would leave - on the British side two-thirds of the whole Oregon territory, including the .free navigation of the Columbia and all the valuable harbours on the . Pacific, can never, for a moment, be entertained by the United States, withoutan abandonment of their just and clear territorial rights, their own self.respect, and the national honour. For the information of Congress, I communicate herewith the correspondence which took place between the Governments during the late nego tiation. The rapid extension of our settlements over our terri tories heretofore unoccupied, the addition of new States to our confederacy, the expansion of free principles, and our rising greatness as a nation, are attracting the at tention of the Powers of Europe ; and lately the doc trine has been broached in some of them of a " balance of power" on this continent, to check our advancement. The United States, sincerely desirous of preserving rela tions of good understanding with all nations, cannot in silence permit any European interference on the North American continent ; and should any such interference be attempted, will be ready to resist it at any and all hazards. It is well known to the American people and to all nations that this Government has never interfered with the relations subsisting between other Governments. We have never made ourselves parties to their wars or their alliances ; we have not sought their territories by conquest ; we have not mingled with parties in their do mestic struggles; and, believing our own form of govern ment to be the best, we have never attempted to propagate it by intrigues, by diplomacy, or by force. We may claim on this continent a like exemption from European inter ference. The nations of America are equally sovereign and independent with those of Europe. They possess the same rights, independent of all foreign interposition, to make war, to conclude peace, and to regulate their in ternal affairs. The people of the United States cannot, therefore, view with indifference attempts of European powers to interfere with the independent action of the nations on this continent. The American system of Government is entirely different from that of Europe. Jealousy amongst the different Sovereigns of Europe, lest any one of them might become too powerful for the rest, has caused them anxiously to desire the establish ment of what they term the " balance of power." It cannot be permitted to have any application on the North American continent, and especially to the United States. We must ever maintain the principle that the people of this continent alone have the right to decide their own destiny. Should any portion of them, consti tuting an independent state, propose to unite themselves with our confederacy, this will be a question for them and us to determine, without any foreign interposition. We can never consent that European powers shall inter fere to prevent such a union, because it might disturb the " balance of power" which they may desire to main tain upon this continent. . . . Near a quarter of a century ago the principle was dis tinctly announced to the world, in the annual message of one of my predecessors, that" the American continents, by the free and independent condition which they have assumed and maintain, are henceforth not to be con sidered as subjects for future colonisation by any Euro pean power." This principle will apply with greatly increased force, should any European power attempt to establish any new colony in North America. In the ex isting circumstances of the world, the present is deemed a proper occasion to reiterate and re-affirm the principle affirmed by Mr. Monroe, and to state my cordial con currence in its wisdom and sound policy. The re -asser tion of this principle, especially in reference to North America, is at this day but the promulgation of a policy which no European power should cherish the disposi tion to resist. Existing rights of every European nation should be respected ; but it is due alike to our safety and our interests, that the efficient protection of our laws should be extended over our whole territorial limits, and that it should be distinctly announced to the world as our settled policy, that no future European colony or dominion shall, with our consent, be planted or established on any part of the North American con tinent. THE PRUSSIAN TREATY. A question has lately arisen under the tenth article of the subsisting treaty between the United States and Prussia. By this article, the Consuls of the two coun tries have the right to sit as judges and arbitrators " in such differences as may arise between the captains and crews of the vessels belonging to the nation whose inte rests are committed to their charge, without the interfe rence of the local authorities, unless the conduct of the crews or of the captain should disturb the order or tranquillity of the country ; or the said Consuls should require their assistance to cause their decisions to be carried into effect or supported." The Prussian Consul at New Bedford, in June, 1844, applied to ➢lr. Justice Story to carry into effect a deci sion made by him between the captain and crew of the Prussian ship Burusisa ; but the request was refused on the ground that, without previous legislation by Con gress, the judiciary did not possess the power to give effect to this article of the treaty. The Prussian Go vernment, through their Minister here, have complained of this violation of the treaty, and have asked the Go vernment of the United States to adopt the necessary measures to prevent similar violence hereafter. Good faith to Prussia, as well as to other nations with whom we have similar treaty stipulations, requires that these should be faithfully observed. I have deemed it proper, therefore, to lay the subject before Congress, and to recommend such legislation as may be necessary to give effect to these treaty obligations. SPANISH. (NAVIGATION) TREATY. By virtue of an arrangement made between the Spanish Government and that of the United States, in December, 1831, American vessels, since the 29th of April, 1832, have been admitted to entry in the ports of Spain, including those of the Balearic and Canary Islands, on payment of the same tonnage duty of five cents per ton, as though they had been Spanish vessels ; and this, whether our vessels arrive in Spain directly from the United States, or indirectly from any other country. When Congress, by the Act of July 13, 1828, gave effect to this arrangement between the two Go vernments, they confined the reduction of tonnage duty mordy to Spanish vesse l s 6. coming from a port in Spain," leaving the former discriminating duty to remain agairlst such vessels coming from a port in any other country. It is manifestly unjust that, whilst American vessels, arriving in the ports of Spain from other coun tries, pay no more duty than Spanish vessels, Spanlsh vessels arriving in the ports of the United States from other countries should be subjected to heavy discrimi nating tonnage duties. This is neither equality nor reciprocity, and is in violation of the arrangement concluded in December, 1831, between the two countries. The Spanish Government have made re peated and earnest remonstrances against this inequality, and the favourable attention of Congress has been se veral times invohcd to the subject by my predecessors. I recommend as an act of justice to Spain that this in equality be removed by Congress, and that the discri minating duties which have been levied under the Act of the 13th July, 1832, on Spanish vessels coming to the United States from any other foreign country, be re funded. This recommendation does not embrace Spa nish vessels arriving in the United States from Cuba and Porto Rico, which . will still remala subject to t h provisions of the Act of. June 30, 1834, concerning ton nage duty on such vessels. By the Act of the 14th of July, 1832, coff e was exempted from duty altogether. This exemption was universal, without reference to the country where it was produced, or the national character of the vessel in which it was imported. By the tariff of the 30th of August, 1842, this exemption from duty was restricted to coffee imported in American vessels from the place of its production ; whilst eoff.e imported under all other circumstances was subjected to a duty of 20 per cent. ad valorem. Under this Act, and our existing treaty with the King of the Netherlands, Java coffee im ported from the European ports of that kingdom into the United States, whether in Dutch or American vessels, now pays this rate of duty. The Government of the Netherlands complains that such a discriminating duty should have been imposed on coffee the production of one of its colonies, and which is chiefly brought from Java to the ports of that kingdom, and exported from thence to foreign countries. Our trade with the Netherlands is highly beneficial to both countries, and our relations with them have ever het n Of the most friendly character. Under all the circum stances of the ease, I recommend that this discrimination should be abolished, and that the coffee of Java imported frotn the Netherlands be placed upon the seine tooting with that imported directly from Brazil and other coun tries where it is produced. Under the eighth section of the Tariff Act of the 30th of August, 1842, a duty of 15 cents per gallon was im posed on port wine in casks, while on the red wines of several other countries, when imported in casks, a duty of only six cents p er ga ll on was i m p ose d. Thi s di-cri rninhttion, ma far as regarded the port wine of Portm.,al, tare of the kingdom and posse*sions of Portugal, than such as are or shall be payable on tho like article b*-ing the growth, produce, or manufacture of any other foreign country." Accordingly, to give ("five t to the treaty, as well as to the intention of Congress, expressed in a proviso to the Tariff Act itself, that nothing therein contained should be so construed as to interfere with subsisting treaties with foreign nations, a Treasury circular was issued on the 16th of July, 1844, which, among other things, declared the duty n the port wine of Portugal, in casks, under the existing laws and treaty, to be six cents per gallon, and directed that the excess of duty which had been collected on such wine should be retunded. By virtue of another clause in the same section of the Act, it is provided that all imitations of port, or any other wines, " shalt be subject to the duty provided for the genuine article." Imitations of port wine, the production of France, are imported to some extent into the United States ; and the Govern ment of that country now claims that, under a correct construction of the Act, these imitations ought nut to pay a higher duty than that imposed upon the original port wine of Portugal. It appears to me to be unequal and unjust, that French imitations of port wine should be subjected to a duty of fifteen cents, while the more valuable article from Portugal should pay a duty of six cents only. per gallon. I therefore recommend to Con gress such legislation as may be necessary to correct the inequality. TEXAN CLAIMS. The late President, in his annual message of December last, recommended an appropriation to satisfy the claims of the Texan Government against the United States, which had been previously adjusted, so far as the powers of the Executive extend. These claims arose out of the act of disarming a body of Texan troops under the com mand of Major Snively, by an officer in the service of the United States, acting under the orders of our Go vernment ; and the forcible entry into the Custom House, at Bryarly's landing, on Red River, by certain citizens of the United States, and taking away therefrom the goods seized by the collector of customs as forfeited under the laws of Texas. This was an liquidated debt, ascertained to be due to Texas when an independent state. Her acceptance of the terms of annexation pro posed by the United States doeg not discharge or inva ►idate the claim. I recommend that provision be made for its payment. CHINA. The commissioner appointed to China during the special session of the Senate in March last, shortly after wards set out on his mission in the United States ship Columbus. Ou arriving at Rio de Janeiro on his pas sage, the state of his health had become so critical that, by the advice of his medical attendants, he returned to the United States early in the month of October last. Commodore Biddle, commanding the East India squadron, proceeded on his voyage in the Columbus, and was charged by the commissioner with the duty of exchanging with the proper authorities the ratifications of the treaty lately concluded with the Emperor of China. Since the return of the commissioner to the United States, his health has been much improved, and lie entertains the confident belief that he will soon be able to proceed on his mission. SOUTH AMERICA. Unfortunately, differences continue to exist among some of the nations of South America, which, following our example, have established their independence, while in others internal dissensions prevail. It is natural that our sympathies should be warmly enlisted for their welfare; that we should desire that all controversies be tween thew should be amicably adjusted, and their go vernments administered in a manner to prot, ct the rights and promote the prosperity of their pecple. It is con trary, however, to our settled policy, to interfere in their controversies, whether external or internal. I have thus adverted to all the subjects connected with our foreign relations to which I deem it necessary to call your attention. Our policy is not only peace with all, but good-will towards all the powers of the eat th. While we are just to all, we require that all shall be just to us. Excepting the differences with Mexico and Great Britai❑ our relations with all civilised nations are of the most satisfactory character. It is hoped that in this enlightened age these differences may be ami cably adjusted. FINANCIAL STATEMENT. The Secretary of the Treasury, in his annual report to Congress, will communicate a full statement of the condition of our finances. The imports for the fiscal year ending on the 13th of June last were of the value of 117,254,564 dolls., of which the amount exported was 15,346,830 dolls., leaving a balance of 101,907,734 dolls. for domestic consumption. The exports for the same year were of the value of 114,646,606 dolls.; of which the amount of domestic articles was 99,291,776 dolls. The receipts into the Treasury during the same year were 29,769,133 dolls. 56 cents ; of which there were derived froth customs 27,528,112 dolls. 70 cents ; from sales of public lands, 2,770,022 dolls. 30 cents; and from incidental and miscellaneous sources, 163,998 dolls. 56 cents. The expenditures for the same period were 29,968,206 dolls. 98 cents; of which 8,588,157 dolls. 62 cents were applied to the payment of the public debt. The balance in the Treasury on the Ist of June last was 7,658,306 dolls. 22 cents. _ _ The amount of the public debt remaining unpaid on the Ist of October last was 17,075,445 dolls. 52 cents. Further payments of the public debt would have been made, in anticipation of the period of its reimbursement under the authority conferred upon the Secretary of the Treasury by the Acts of July 21, 1841, and of April 15, 1842, and March 3, 1843, had not the unsettled state of our relations with Mexico menaced hostile collision with that power. In view of such a contingency, it was deemed prudent to retain in the Treasury an amount un usually large for ordinary purposes. A few years ago, our whole national debt growing out of the revolution and the war of 1812 with Great Britain was extinguished, and we presented to the world the rare and noble spectacle of a great and growing people who had fully discharged every obligation. Since that time the existing debt has been contracted; and small as it is, in comparison with the similar burdens of most other nations, it should be extinguished at the earliest practicable period. Should the state of the country permit, and especially it our foreign relations interpose no obstacle, it is contemplated to apply all the moneys in the Treasury as they accrue beyond what is required for the appropriations by Congress to its liquidation. I cherish the hope of soon being able to congratulate the country on its recovering once more the lofty position which it so recently occupied. Our country, which ex hibits to the world the benefits of self-government, in developing all the sources of national prosperity, owes to mankind the permanent example of a nation free from the blighting influence of a public debt. THE TARIFF. The attention of Congress is invited to the importance of making suitable modifications and reductions of the rates of duty imposed by our present tariff lawa. The object of imposing duties on imports should be to raise revenue to pay the necessary expenses of Government. Congress may, undoubtedly, in the exercise of a sound discretion, discriminate in arranging the rates of duty on different articles; but the discrimination should be within the revenue standard, and he made within the view to raise money for the support of Government. It becomes important to understand distinctly what is meant by a revenue standard, the maximum of which should not be exceeded in the rates of duty imposed. It is conceded, and experience proves, that duties may be laid so high as to diminish or prohibit altogether the im portation of any given article, and thereby lessen or de stroy the revenue, which, at lower rates, would be de rived from its importation. Such duties exceed the revenue rates, and are not imposed to raise money for the support of Government. If Congress levy a duty for revenue, of one per cent. on a given article, it will pro duce a given amount of money to the Treasury, and will incidentally and necessarily afford protection or advan tage to the amount of one per cent. to the home manu facturer of a similar or like article over the importer. If the duty be raised to 10 per cent., it will produce a greater amount of money, and afford greater pro tection. If it be still raised to 20, or 25, or 30 per cent., and if, as it is raised , the re venue derived rom it is found to be increased, the pro tection or advantage will also be increased ; but if it be raised to 31 per cent., and it is found that the revenue produced at that rate is less than 30 per cent., it ceases to be a revenue duty. The precise point in the ascending scale of duties at which it is ascertained from experience that the revenue is greatest, is the maximum rate of duty which can be laid for the bona fide purpose of cellecting money for the support of Go vernment. To raise the duties higher than that point, and thereby diminish the amount c ollected, is to levy them for protection merely, and not for revenue. As long, then as Congress may gradually increase the rate of duty on a given article, and the revenue is increased by such increase of duty, they aro within the revenue standard. When they go beyond that point, and, as they increase the duties, the revenue is diminished or destroyed, the act ceases to have for its object the rais ing of money to support Government, but is for protection merely. It does not follow that Congress should levy the