The Sun.
London, England, 1856-01-15 00:00:00

AMER

C A.

THE PRE3IDENT'S MESSAGE,

[A summary of the Ille,wia,ge of the American PreAden
appeared in our impression of yesterday.]

LIVERPOOL, MoipaY.
The royal mail steam-ship Asia, Captain. Lott,
arrived this morning from the United Stares with
the President's Message. The Asia sent in her
mails by tug-boat. YV-eather very foggy. She
brings 118 passengenrs, but no specie. Her dates
are—New York, Jan. 1 ; Boston, Jan. 2 ; and
Halifax, Jan. 4.
The President's Message was delivered on the
31st of December. There was no balloting for the
Speaker.. The day was consumed in debating
whether the Message should be received or not.
By sending the Message to the Congress before the
popular branch of that body was prepared to re-
ceive it, the country was taken by surprise. The
Presideut assigns as his motive for this extraordi-
nary strip, that his conviction of duty would not
permit him to postpone the obligation enjoined on
him by the Constitution, to give information of
the state of the Union. The pacific tone of the
Message gave great satisfaction.
Gold has been found in Chili. $lO,OOO worth
yeas found in 14 days at Naciamento by an Ame-
rican. The steam-ship Law arrived at New York
on Dec. 28th, from Aspinwall the 19th ; on board
one million and a half of treasure. The Indian
war was raging. The fall of Sebastopol was cele-
brated in grand style at San Francisco on Nov. 26.
The Peruvian Legislature is about to sell all guano
in Chincha Islands, value $350,000000. The
steam-ship Star of the West arrived at New York
on Doc. 29th, from San Juan 23d, with half a mil-
lion in treasure. Walker's Government was more
pcpular. The Northern Light bad been searched,
and found to contain saddles, ploughihares, and
types ; she sailed on the 26th for Nicaragua.
The Central American imbroglios, between the
United States and England, upon the Clayton and
Bulwer Treaty, is the paramount topic of im-
portance.

The Asia brought Capt. Griffin and crew of the
schooner Sarah, of Halifax ; also an account by the
master of the sinking of the vessel on the 7th Jan.
On the 11th exchanged signals with the Africa ;
and on the 13th passed the Baltic.
West India dates, received up to Dec. 10, state
that her Majesty's steamer Medea left for Antigua ;
H.M.S. ;Cornwallis, Capt. G. G. Welle,dey, arrived
from Portsmouth. Her Majesty's steam-sloop
Rosamond, Commander Crofton, sailed fOr Halifax.
Hist Eicellency Francis Hiucks, Esq.' the newly
appointed Governor-General of the Windward.
Islands, was a passenger by the Curlew from Hali-
fax on his way to Barbadoes from Bermuda. On
St. Andrew'a.day the usual church meeting was
held.

From Mexico we have dates to the 18th ; they
state that Alvarez having resigned the Presidency,
and retired to the south, GQneral Comonfort has
assumed supreme authority, and organised a new
ministry.

THE MESSAGE.
Fellow Citizens of the, Senate and House of
Representatives
The constitation of the United States provides that
Congress shall assemble annually on the first Monday of
December, and it has been usual for the President to make
no communication of a public character to the Senate and.
House of Representatives until advised of their readiness
to receive it. I have deferred to this usage until the close
of the first month of the session, but my convictions of
duty will not permit me longer to postpone the discharge
of the obligation enjoined ey the constitution upon the
President, 'to give to the Congress information of the
state of the Union, and recommend to their consideration
such measures as he shall judge necessary and expedient.'
It is a matter of congratulation that the republic is
tranquilly advancing in a career of prosperity and peace.
FOREIGN RELATIONS.—CENTRAL AMERICA.
Whilst relations of amity contiaue to exist between
the United States and all foreign powers, with some of
them grave questions are depending, which may require
t ie consideration of Congress.
Of such questions, the most important is that which
has arisen out of the negotiations with Great Britain in
reference to Central America.
By the convention concluded between the two govern-
ment,' on the 9th of April, 1850, both parties covenanted
that ' neither will ever' `occupy, or fortify, or colonise, or
assume or exercise any dominion over Nicaragia, Costa
Rica, the Mosquito coast, weeny part of Central America.'
It was the undoubted understanding of the United
States, in making this treaty, that all the present states of
the former republic of Central America, and the entire
territory of each, would henceforth enjoy complete inde-
pendence, and that both contracting parties engaged
equally, and to the same extent, for the present and for
the future, that if either then had any claim of right in
Central America, such claim, and all occupation or autho-
rity under it, were unreservedly relinquished by the stipu-
}Miens of the convention ; and that no dominion was
thereafter to be exercised or assumed in any part of Cen-
tral America by Great Britain or the United States,
This government consents 1 to reotrictons in regard to
a region of country wherein we had specific and peculiar
interests, only upon the conviction that the like restric-
tions were in the same sense obligatory on Great Britain.
But fcr this understanding of the force and effect of the
convention, it would never have been concluded by us.
So clear was this understanding on the part of the
'United States, that, in core espoudence contemporaneous
with the ratification of the convention, it was distinctly
expressed that the mutual covenants of non occupation
were not intended to apply to the British establishment at
the Belize. This qualification is to be ascribed to the fact
that, in virtue of successive treaties with previous Sove-
reigns of the country, Great Britain had obtained a con
cession of the right to cut mahogany or dye woods at the
Belize, but with positive exclusion of all domain or sove-
reignty ; and thus it confirms the natural construction
unit understood import of the treaty as to all the rest of the
region to which the stipulations applied.
It, however, became apparent, at an early day after
entering upon the discharge of my present functions, that
Great tiritaia still continued in the exercise or asserti•ei
of large authority in all that part of Central America com•
timely called the Mosquito coast, and covering the entire
length of the state of Nicaragua, and a part of Costa
Rica; that she regarded the 'Belize as her absolute do-
main, and was gradually extending its limits at the ex-
pense of the state of Honduras; acid that she had formally
oielonised a considerable insular group known as the Bay
Islands, and belonging, of right, to that state
All these acts of pretensions of Grit Britain being
contrary to the rights of the states of Central America and
to the manifest tenor of her stipulations with the United
States as understood by this government, have been made
the subject of negotiation through the American Minister
at London. I transmit herewith the instructions to him
on the subject and the correspondence bet-veen him and the
British Secretary for Foreign Affairs, by which you will
perceive that the two Gosernments differ widely and irre-
coo cilabiy as to the construction of the convention, and its
effect on their respective relations to Central America.
Great Britain so construes the convention as to mein-
lain unchanged all her previous pretensions over the Mos-
quito coast, and in different parts of Central America.
These pretensions, as to the Mosquito coast, are founded
on the assumption of political relations between Great
Britain and the remnant of a tribe of Indians on that coast,
entered into at a time when the whole country was a co-
lonial possession of Spain. It cannot be suceessfully con-
troverted that, by the public law of Europe and America,
no possible act of such Indians or their predecessors could
confer on Great Britain any political rights.
Great Britain does not allege the assent of Spain as the
origin of her claims on the Mosquito coast. She has, on
the contrary, by repeated an.leuccessive treaties, renounced
and relinquished all pretensions of her own, and recog-
nised. the full sovereign rights of Spain in the most en-
equivocal terms. Yet these pretensions, so without solid
forindation in the beginninte and thus repeatedly abjured,
were at a mews I; period revived by Great Britain against
the Central American states,
.the legitimate successors to
all the ancient jurisdiction of Spain in that region. They
were first applied only to a defined part of the coast of
Nicaragua, afterwards to the whole of its Atiantic coast,
and lastly to a part of the coast of Costa Rica; and they
are now re-asserted to this extent, not,Vithstanding engage-
Manta to the United States.
On the eastern coast of Nicaragua and Costa Rica, the
interference of Great Britain, though exerted at one time
in the form of military occupation of the port of San Juan
del Norte, then in the peaceful possession of the appro-
priate authorities of the Central. American States, is now
presented by her as the rightful exercise of a protectorship
over the Mosquito tribe of Indians.
But the establishment. at the Belize, now reaching far
beyond its treaty-limits into the state of Honduras, and
that of the Bay Islands, appertaining of right to the same
state, are as distinctly colonial governments as those of
Jamaica or Canada, and therefore contrary to the very
letter as well as the spirit of the convention with the
*United States, as it was at the time of ratification, and
now is, understood by this government.
The interpretation which the British government, thus
in assertion and act, persists in ascribing to the convention,
entirely changes its character. While it holds us to all our
obligations, it hit a great measure releases Great Britain
from those which constituted the consideration of this
government for entering into the convention. It is itnpos-
eible, in my judgment, for the United States to acquiesce
in such. a construction of the respective relations of the two
governments to Central America.
tain
To a renewed 'call by this government upon Great Bri-
, to abide byeand carry into effect, the stipulations of
the convention according to its obvious import, by with-
ilee.wing from the possession or colonisation of
portions of
Ole (3il'e•al American states of Honduras, Nicaragua, and
r..arata, Rica, the British Government has at length replied
is prospective
—affirming that the operation of the treaty
only, and did not require Great Britain to abandon or
contract any possessi us held by her in Central America at
the date of its conclusion.
This reply substitutes a partial issue, in the place of
the general one presented by the United States. The Bri-
tiah,Government passes over the question of the rights of
Great Britain, real or supposed, in Central America, and
assumes that she had such rights at the date of the treaty,
and that those rights comprehended the protectorship of
the Mosquito Indians, the extended jurisdiction and limits
of the Belize, and the the
of the Bay Islands, and there-
upon proceeds by implication to infer that, if the stipule •
tons of the treaty be merely future in effect, Great Bri-
tain may still continue to hold the contested portions of
Central America. The United States cannot admit either
the inference or the premises. steadily deny that, at
the date of the treaty, Grea t Britain had a vn sessions
there, other than the limited and n- t bols• ere
surrendered es a establishment
na
at the Belize, and maintain that, if she had any, they were
surrendered by the convention.
This Government, recognising the obligations of the
treaty, has of course desired to see it executedineood faith
by both parties, and in the discussion, therefore,6 has not
looked to rights, which we might assert, independent of
position
the treaty, in consideration of our geographical
and of other circumstances', which create for us relations
t the Central American states different from those of
any
.vernment of Europe.
The British Government in its last Constounicatione

although well knowing the views of the United States,
still declares that it sees no reason why a conciliatory spirit
may not enable the two Governments to overcome all ob-
stacles to a satisfactory adjustment of the subject.
As,ured of th, correctaess of the construction of the
treaty constantly adhered to by this Governanant, and re-
solved to insist on the rights of the United States, yet
actuated also by the same desire which is avowed by the
British Government, to remove all causes of serious mis-
understanding between the two nations, associated by so
many ties of interest and kindred, it has appeared to me
proper not to consider an amicable sAntion of the contro-
versy hopeless.

_ .
There is, however, reason to apprehend that, with
Great Britain in the actual occupation of the disputed ter-
ritories, and the treaty therefore practically nall, b 0 far
as regards our rights, this international difficulty cannot
long remain undetermined, without involving in serious
dangir the friendly relations which it is the interest as well
as the duty of both countries to cherish and preserve. It
will afford me sincere gratification if future efforts shall
result in the success anticipated heretofore with more con-
fidence than the aspect of the ease permits me now to en-
tertain.

RECRUITMENT.

One other subject of discussion between the United
States and Great Britain has grown out of the attempt
which the exigencies of the war in which she is engaged
with Russia induces her to malre, to draw recruits from
the United States.
It is the traditional and, settled policy of the United
States to maintain impartial neutrality during the wars
which from time to time occur among the great powers of
the world. Performing all the duties of neutrality towards
the respective belligerent states, we may reasonably expect
them not to interfere with our lawful enjoyment of its
benefits. Notwithstanding the existence of such hostilities,
our citizens retain the individual right to continue all
their accustomed pursuits, by land or by sea, at borne or
abroad, subject only to such restrictions in this relation as
the laws of war, the usage of nations, or- special treaties
may impose ; and it is our sovereign right that our terri-
tory and jurisdiction shall not be invaded by either of the
belligerent parties, for the transit of their armies, the
operations of their fleets, the levy of troops for their ser-
vice, the fitting out of cruisers by or against either, or any
other act or incident of war. And these undeniable rights
of neutrality, individual and national, the United States
will, under no circumstances, surrender.
In pursuance of this policy, the laws of the United
States do not forbid their citizens to sell to either of the
bel igerent powers articles, contraband of war, or to take
munitions of war or soldiers on board their private ships
for transportation ; and although in so doing, the indi-
vidual citizen exposes his property or person to some of the
hazards of war, his acts do not involve any breach of na-
tional neutrality, nor of themselves implicate the govern-
ment. Thus, during the progress of the present war in
Europe, our citizens have, without national responsibility
therefore, sold gunpowder and arms to all buyers, regard-
less of the destination of those articles. Our merchant-
men have been, and still continue to be, largely employed
by Great Britain and by France in transporting troops,
provisions, and munitions of war to the principal seat of
military operations, and in bringing home their sick and
wounded soldiers ; but such use of our mercantile marine
is not interdicted either by the international or by our
municipal law, and therefore does not compromise our
neutral relations with Russia.
But °lir municipal law, in accordance with the law of
nations, peremptorily forbids, not only foreigners, but our
own citizens, to fit out, within the limits of the United
States, a vessel to commithostilities against any state with
which the United States are at peace, or to increase the
force of any foreign armed vessel intended for such hostili-
ties against a friendly state. I
Whatever concern may have been felt by either of the
Lellieerent powers lest private armed cruizers or other ves-
sels, in the s rvice of one, might be fitted out in the ports
of this country to depredate on the property of the other,
all such fears have proved to be utterly groundless. Our
citizens have been withheld from any such act or purpose
by goof faith and by respect for the law.
While the laws of the Union are thus peremptory in
their prohibition of the equipment or armament of belli-
gerent cruisers in our ports, they provide not less absolutely
that no person shall, within the territory or jurisdiction of
the United States, enlist oioenter himself, or hire or retain
another person to enlist er enter himself, or to go beyond
the limits or jurisdiction of the United States with intent
to be waisted or entered, in the service cf any foreign state
either as a soldier, or as &marine, or seaman on board of
any vessel of war, letter of marque, or privateer. And
these swectments are also in strict conformity with the law
of nations, which declares that no state has the right to
raise troops for land or sea service in another state without
its consent, and that, whether forbidden by the muncipal
law or not, the very attempt to de it, without such con--
sent, is an attack on the national sovereignty.
Such being the public rights and the municipal law of
the United States, no solicitude en the subject was enter-
tained by this Government, when, a year since, the British
Parliament passed an act to provide for the enlistment of
foreigners in the military service of Great Britain. No-
thing on the face of the act, or in its public history, indi-
cated that the British Government proposed to attempt
recruitment in the United States; nor did it ever give
intimation of such intention to this government. It was
a matter of surprise, therefore, to find subsequently that
the engagement of persons within the United States to
proceed to Halifax, in the British province of Nova Sco-
tia, and there enlist in the service of Great Britain, was
I going on extensively, with little or no disguise. Ordinary
legal steps were immediately taken to arrest and punish
parties concerned, and so put an end to acts infringing the
municipal law, and derogatory to our sovereignty. Mean-
while suitable representations on the subject wore ad-
dressed to the British Government.
Thereupon it became known, by the admission of the
British Government itself, that the attempt to draw re-
cruits ftom this country originated with it, or at least had
its approval and sanction ; but it also appeared that the
public agents engaged in it, had " stringent instructions "
not to violate the municipal law of the United States.
It is difficult to understand how it should have been sup-
posed that troops could be raised here by Great Britain
without violation of the municipal law. The unmistakable
object of the law was to prevent every such act, which,
if performed, must be either in violation of the law, or in
studied evasion of it; and, in either alternative, the act
alone would be alike bjurious to the sovereignty of the
United States.
Meantime, the matter acquired additional importance by
the recruitments in the United States not being discou-
tinued, and the disclosure of the fact that they were prose-
cuted upon a systematic plan devised by official authority;
that recruiting rendezvous had been opened in the principal
cities, and depots for the reception of recruits established
yin our frontier; and the whole business conducted under
the supervision and by the regular co-operation of British
officers, civil and military, some in the North American
provinces; and some in the United States. The compli-
city of those officers in an undertaking which could only
be accomplished by defying our laws, throwing suspicion
over our attitude of neutrality, and disregarding our terri-
torial rights, is conclusively proved by the evidence elicited
on the trial of such of their agents as have been appre•
handed and convicted. Some of the officers thus implicated
are of high official position, and many of them beyond our
jurisdiction, so that legal proceedings could not reach the
source of the mischief.
These considerations, and the fact that the cause of com-
plaint was not a mere casual occurrence, but a deliberate
design, entered upon with a full knowledge of our laws and
national policy, and conducted by responsible public func-
tionaries, impelled me to present the case to the British
Government, in order to secure not only a cessation of the
wrong, but its reparation. The subject is still under disc
cussioe, the result of which will be communicated to you
in due time.
I repeat the recommendation submitted to the last Con-
gress, that provision bo made for the appointment of a
Commissioner, in connection with Great Britain, to survey
and establish the boundary line which divides the territ ,ry
of Washington from the contiguous Bi itish possessions
I By reason of the extent and importance of the country in
dispute, there has been imminent danger of collision be-
tween the subjects of Great Britain and the citizens of the
United States, including their respective authorities in
that quarter. The prospect'of a speedy arrangement has
contributed hitherto to induce on both sides forbearance to
assert by force what each claims as a right. Continuance
of delay on the part of the two Governments to act in the
matter will increase the dangers and difficulties of the
controversy,
Misunderstanding exists as to the extent, charactir, and
value of the possessory rights of the Hudscin's Bay Com-
pany and the property of the Puget's Sound Agricultural
Company, reserved in our treaty with Great Britain rela-
tive to the territory of Oregon. I have reason to believe
that a cession of the rights of both companies to the United
States, which would be the readiest means of terminating
all questions, can be obtained on reasonable terms ; and:
with a view to this end, I present the subject to the atten-
tion of Congress.
The colony of Newfoundland, having enacted the law
required by the treaty of the sth of June, 1854, is now
placed on the same footing, in respect to commercial inter-
course with the United States, as the other British North
American provinces.
The commission which that treaty contemplated, for de-
termining the rights of fishery in rivers and mouths of
rivers on the coasts of the United States and the British
North American provinces, has been organised and has
commenced its labours ; to complete whieh there is needed
further appropriations for the service of another season.
SOUND DUES.

In pursuance of the authority, conferred by a resolution
of the Senate of the United States passed on the 3d of
Meter last, notice was given to Denmark, on the 14th day
of April, of the intention of this Government to avail itself
of the stipulation of the subsisting convention of friend-
ship, commerce, and navigation between that kingdom and
the United States, whereby either pletrty might, after 10
years, terminate the same at the expiration of one year
from the date of notice for that purpose.
The considerations which led me to call the attention of
Congress to that convention, and induced the Senate to
adopt the resolution referred to, still continue in full force.
The convention contains an article which, although it does
not directly engage the United States to submit to the im-
position-of tolls on the vessels and cargoes of Americans
passing into or from the Baltic Sea, during the continuance
Of the treaty, yet may, by possibility, be construed as im-
plying such submission. The exaction of those tolls not
being justified by any principle of international law, it be-
came the right and the duty of the United States to relieve
themselves from the inenlication of engagement on the sub-
ject, so as to be perfectly free to act in the premises in such
way as their public interests and honour shall demand.
I remain of the opinion that the United States ought not
to submit to the payment of the Sound Dues, not so much
because of their amount, which is a secondary matter, but
because it is in effect the recognition of the right of Dee-
mark to treat one of the great maritime highways of us-
Lions as a close sea, and the navigation of it as a privilege,
for which tribute may be impose upon those who have
occasion to use it.
This Government, on a former occasion, not unlike the
present, signalised its determination to maintain the free-
dom of the seas and of the great natural channels of navi-
gation. The Barbary States had for a long time coerced
the payment of tribute from all nations whose ships fre-
quented the Mediterranean. To the last demand of such
payment made by them, the United States, although suf-
fering less by their depredations than many other nations,
returned the explicit answer that we preferred war to tri-
bute, and thus opened the way to the relief of the corn-.
Enema of the world from an ignominious tax, so long sub-
mitted to by the more powerful natio,s of Europe.
If the manner of payment of Sound Dues dither from that
of the tribute formerly conceded to the Barbary States,
still their exactien by Denmark has no better foundation
in right. Each was, in its origin, nothing but a tax on a
common natural right, extorted by those who were at that
tame able to obstruct the froe and secure eujeyruent of it,
bait who no longer posssees that poWer.
Denmark, while resisting our assertion of the freedom
of the Baltic Sound and Belts, has indicated a readiness
to make some new arrangement on the subject, and has
invited the Governments interested, including the United
States, to be represented in a convention to assemble for