beeu made to understand the real character of the wishes and views of this in regard to this country. The consequence is, thebestablishment of friendship and mutual confidence. Such are the assurances which I have received, and I see no cause to doubt their sincerity, pretensions to which the United States could it became my painful duty to advert to on a not assent, be yet had strong hopes of being former occasion, have been, I believe, entirely able to arrive at a satisfactory, settlement removed; and the Government of Mexico has with the late Government. The negociation has been renewed by the present authorities; and, sensible of the general and lively confi: dence of our citizens in the justice and magnanimity of regenerated France, I regret the more not to have it in my power yet to announce the result so confidently anticipated. No ground, however, inconsistent with this expectation, has been taken; and I do not allow myself to doubt that justice will soon be done to us. The amount of the claims, the length of time they have remained unsatisfied, and their incontrovertible justice, make an earnest prosecution of them by this Government an urgent duty. The illegality of the seizures and confiscations out of which they have arisen is not disputed; and whatever distinctions may have been heretofore set up with regard to the liability of the existing Government, it is quite clear that such consi-jurisdiction. The co-operation of the reprederations cannot now be interposed. I had reason to expect the conclusion of a commercial treaty with Mexico, in season for communication on the present occasion. Circumstances which are not explained, but which, I am persuaded, are not the result of an indisposition on her part to enter into it, have produced the delay. There was reason to fear, in the course of the last summer, that the harmony of our relations might be disturbed by the acts of certain claimants, under Mexican grants, of territory which has hitherto been under our sentative of Mexico to this Government was asked on the occasion, and was readily afford lustructions and advice have been given to the Governor of Arkansas, and the officers in command in the adjoining Mexican state, by which it is hoped the quiet of that frontier will be preserved, until a final settlement of the dividing line shall have removed all ground of controversy. The commercial intercourse between the two countries is susceptible of highly advan-ed. tageous improvements; but the sense of this injury has had, and must continue to have, a very unfavourable influence upon them. From its satisfactory adjustment, not only a firm and cordial friendship, but a progressive development of their relations, may be expect ed. It is, therefore, my earnest hope, that this old and vexatious subject of difference may be speedily removed. feel that my confidence in our appeal to the motives which should govern a just and magnanimous nation is alike warranted by the character of the Freuch people, and by the high voucher we possess for the enlarged views and pure integrity of the Monarch who now presides over her councils; and nothing shall be wanting on my part to meet any manifestation of the spirit we anticipate in one of corresponding frankness and liberality. The subjects of difference with Spain have been brought to the view of that Government, by our Minister there, with much force and propriety; and the strongest assurances have been received of their early and favourable 'Cousideration. The steps which remained to place the matter in controversy between Great Britain and the United States fairly before the arbitrator, have all been taken in the same liberal and friendly spirit which characterised those before announced. Recent events have doubtless served to delay the decision, but our Minister at the Court of the distinguished arbitrator has been assured that it will he made within the time contemplated by the treaty. "I am particularly gratified in being able to state that a decidedly favourable, aud, as I hope, lasting change, has been effected in our relations with the neighbouring republic of Mexico. The unfortunate and unfounded suspicious in regard to cur disposition, which concluded last year with Austria has not yet The exchange of ratifications of the treaty taken place. The delay has been occasioned by the non-arrival of the ratification of that Government within the time prescribed by the treaty. Renewed authority has been asked for by the representative of Austria; and in the meantime the rapidly-increasing trade and navigation between the two countries have been placed upon the most liberal footing of our navigation acts? cently committed on our commerce by the Several alleged depredations have been renational vessels of Portugal. They have been made the subject of immediate remonstrance and reclamation. Lam not yet possessed of sufficient information to express a definitive opinion of their character, but expect soon to to obtain for our citizens all the redress to receive it. No proper means shall be omitted which they may appear to be entitled. It gives me pleasure to announce to Congress, that the benevolent policy of the Goverumeut, steadily pursued for nearly thirty years, in relation to the removal of the indiaus beyond the white settlement, is approaching to a happy consummation. Two importaut tribes have accepted the provisions made for their removal at the last Session of Conwill induce the remaining tribes also to seek gress; and it is believed that their example the same obvious advantages. obrest Wou The consequences of a speedy removal will be important to the United States, to individual States, and to the Indians themselves. The pecuniary advantages which it promises to the Government are the least of its recom-removal, and comfortable subsistence on their mendations. It puts an end to all possible arrival at their new homes. If it be their danger of collision between the authorities of real interest to maintain a separate existence, the General and State Governments, ou ac- they will there be at liberty to do so without count of the Indians. It will place a dense the inconveniences and vexations to which and civilized population in large tracts of they would unavoidably have been subject in country now occupied by a few savage hunt- Alabama and Mississippi. ers. By opening the whole territory between Tennessee on the north, and Louisiana on the south, to the settlement of the whites, it will incalculably strengthen the south-western frontier, and render the adjacent States strong enough to repel future invasion without remote aid. It will relieve the whole State of Mississippi, and the westeru part of Alabama, of Indian occupancy, and enable those States to advance rapidly in wealth, population, and power. It will separate the Indians from immediate contact with settlements of whites -free them from the power of the Statesenable them to pursue happiness in their own way, and under their own rude institutions will retard the progress of decay, which is lessening their numbers, and, perhaps, cause them gradually, under the protection of the Government, and through the influence of good counsels, to cast off their savage habits, and become an interesting, civilized, and Christian community consequences, some of them so certain, and the rest so probable, make the complete execution of the plan sanctioned by Congress at their last Session, an object of much solicitudē. je branká Towards the Aborigines of the country no one can indulge a more friendly feeling than myself, or would go further in attempting to reclaim them from their wandering habits, and make them a happy and prosperous people. I have endeavoured to impress upon them my own soleinn convictions of the duties and the powers of the general GovernIment in relation to the State Authorities. For the justice of the laws passed by the States within the scope of their reserved powers, they are not responsible to this Government. As individuals, we may entertain and express our opinions of their acts, but as a Government we have as little right to control them as we have to prescribe laws to foreigu nations.17 20d pulzusão 19 rican With a full understanding of the subject, the Choctaw and Chickasaw tribe have, with great unanimity, determined to avail them-selves of the liberal offers presented by the -Act of Congress, and have agreed to remove beyoud the Mississippi river Treaties have -been made with them, which, in due season, will be submitted for consideration. In negociating these Treaties, they were made to sunderstand their true condition; and they have preferred maintaining their independence in the Western forests, to submitting to the laws of the States in which they Dow reside. These Treaties being probably the last which will ever be made with them, are characterised by great liberality on the parts of the Government. They give the *Indians a liberal sun în consideration of their Humanity has often wept over the fate of the Aborigines of this country, and philanthropy has been long busily employed in devising means to avert it. But its progress has never for a moment been arrested; and one by one have many powerful tribes disappeared from the earth. To follow to the tomb the last of his race, and to tread on the graves of extinct nations, excites melancholy reflections. But true philanthropy reconciles the mind to the vicissitudes, as it does to the extinction of one generation to make room for auotner. In the monuments and fortresses of an unknown people, spread over the extensive regions of the west, we behold the memorials of a once powerful race, which was exterminated or has disappeared to make room for the existing savage tribes. Nor is there anything in this which, upon a comprehensive view of the general interests of the human race, is to be regretted. Philanthropy could not wish to see this continent restored to the condition in which it was found by our forefathers, What good man would prefer a country covered with forests, and ranged by a few thousand savages, to our extensive Republic, studded with cities, towns, and prosperous farms-embellished with all the improvements which art can devise, or industry execute occupied by more than twelve millions of happy people and filled with all the blessings of liberty, civilization, and religion? The present policy of the Government is but a continuation of the same progressive change, by a milder process. The Tribes which occupied the countries now constituting the Eastern States were annihilated, or have melted away, to make room for the whites. The waves of population and civilization are rolling to the westward; and we now propose to acquire the countries occupied by the red men of the South and West by a fair exchange. and, at the expense of the United States, to send them to a land where their existence may be prolonged, and perhaps made perpetual. Doubtless it will be painful to leave the graves of their fathers; but what do they more than our ancestors did, or than our children are now doing? To better their condition in an unknown land our forefathers left all that was dear in earthly objects. Our children, by thousands, yearly leave the laud of their birth to seek new homes in distant regions. Does humanity weep at these painful separations from everything, animate and inanimate, with which the young heart has become entwined? Far from it. It is rather a source of joy that that our country affords scope where our young population may range unconstrained in body or in power and faculties of man developing the HUGO Din their highest 100 far from being insurmountable. Sumebare unwilling to improve any of its parts, because they would destroy the whole; others fear to touch the objectionable parts, lest those they approve should be jeopardied. I am persuaded that the advocates of these conflicting views do injustice to the American people, and to their representatives. The general interest is the interest of each and my confidence is entire, that, to ensure the adoption of such modifications of the tariff as the general in terest requires, it is only necessary that that interest should be understood. 36112 Do.derdilab que lo fordovas perfection. These remove hundreds, and alment of the present tariff, although great, are, most thousands of miles at their own expense. purchase the lands they occupy, and support themselves at their own home from the noment of their arrival. Can it be cruel in this government, when, by events which it cannot control, the Indian is made discontented in his ancient home, to purchase his lands, to give him a new and extensive territory, to pay the expenses of his removal, and support him a year in his new abode? How many thousands of our own people would gladly embrace the opportunity of removing to the West on such conditions? If the offers made to the Indians were extended to them, they would be hailed with gratitude and joy. ing the importance to which I have referred, may be expected, after temporary protection, to compete with foreign labour, on equal terms, merit the same attention in a subordi→ nate degree. While the chief object of duties should be revenue, they may be so adjusted as to enAnd is it supposed that the wandering sa- courage manufactures. In this adjustment, vage has a stronger attachment to his home however, it is the duty of the Government to than the settled civilized Christian? Is it be guided by the general good. Objects of more afflicting to him to leave the graves of national importance alone ought to be pro his fathers, than it is to our brothers and chil-tected: of these the productions of our soil, dren? Rightly considered, the policy of the our mines, and our workshops, essential to General Government towards the red mau is national defence, occupy the first rank. Whatnot only liberal but generous. He is unwil-ever other species of domestic industry, havling to submit to the laws of the State, and mingle with their population. To save him from this alternative, or, perhaps, utter aunihilation, the General Government kindly offers him a new home, and proposes to pay the whole expense of his removal and settlement. The present tariff taxes some of the 'com The object of the tariff is objected to by forts of life unnecessarily high; it undersome as unconstitutional; and it is considered takes to protect interests too local and minute by almost all as defective in many of its parts. to justify a general exaction; and it also atThe power to impose duties on imports ori-tempts to force some kinds of manufactures ginally belonged to the several States. The for which the country is not ripe. Much reright to adjust those duties with a view to the lief will be derived, in some of these respects, encouragement of domestic branches of in- from the measures of your last Session. dustry, is so completely incidental to that power that it is difficult to suppose the existence of the one without the other. The States have delegated their whole authority over imports to the General Government, without limitation or restriction, saving the very inconsiderable reservation relating to their inspection laws. This authority having thus entirely passed from the States, the right to exercise it for the purpose of protection does not exist in them; and, consequently, if it be not possessed by the General Government, it must be extinct. Our political system would thus present the anomaly of a people stripped of the right to foster their own industry, and to counteract the most selfish and destructive policy which might be adopted by foreign nations. This surely cannot be the case; this indispensable power, thus surrendered by the States, must be within the scope of the authority on the subject expressly delegated to Congress. In this conclusion I am confirmed, as well by the opinions of Presidents Washington, Jefferson, Madison, and Munroe, who have each repeatedly recommended the exercise of this right under the Constitution, as by the uniform practice of Congress, the continued acquiescence of the States, and the general understanding of the people. 902 The difficulties of a more expedient adjust The best as well as fairest mode of determi+ ning whether, from any just consideration, a particular interest ought to receive protection, would be to submit the question singly for de liberation. If after due examination of its merits, unconnected with extraneous considerations-such as a desire to sustain a general system, or to purchase support for a different interest-it should enlist in its favour a majority of the representatives of the people, there can be little danger of wrong or injury in adjusting the tariff with reference to its protective effect. If this obviously just principle were honestly adhered to, the branches of industry which deserve protection would be saved from the prejudice excited against them, when that protection forms part of a system by which portions of the country feel, or conceive themselves to be oppressed. What is incalculably more im portant, the vital principle of our system-that principle which requires acquiescence in the will of the majority-would be secure from the discredit and danger to which it is exposed by the acts of majorities, founded, not on identity of conviction, but on combinations of small minorities, entered into for the purpose of mus tual assistance in measures which, resting solely on their own merits, could never be carried.2d 3634 In conclusion, Fellow-Citizens, allow me to 4 invoke, in behalf of your deliberations, that "disgraceful mode of punishment, than spirit of conciliation and disinterestedness," the fact that both these men, degra which is the gift of patriotism. Under an' "ded as they are beneath the brute overruling and merciful Providence, the agend creation, have been flogged several cy of this spirit has thus far been signalised in the prosperity and glory of our beloved "times before for similar offences. The country. May its influence be eternal. "first batallion, we understand, is under "the command of Colonel Sir William "Gomm." ANDREW JACKSON. FLOGGING SOLDIERS. "MARCH OF MIND," AND "IMPROVEMENTS OF THE AGE." Now, reader, I take this from the MORNING HERALD of the 5th instant. It is, however, become quite fashionable writing. Even the OLD TIMES, bloody "MILITARY TORTURE. (From a Cor-as it always has been, whelped, as its "respondent.)-On Friday morning last crew seems to have been, in a slaughter"another of those brutal and disgusting house, has been crying out against this "punishments took place at Portman- flogging work! "Waust improve"street Barracks, which has been so ments, maum," says fat Mrs. SCRIP to "highly censured by the friends of hu- freakish Mrs. OMNIUM, whose husbands "manity and the public in general. are gone up to 'Change, leaving them "The first batallion of the Second, or to walk the Steyne with the whiskered "Coldstream, Regiment of Guards, un-captains. Vast improvements, indeed! "der the command of his Royal High-In 1810, Mr. DRAKARD, of the Stamford "ness the Duke of Cambridge, are at News, and I, were both in jail, each of "present stationed at Portman-street us condemned to pass two years amongst "Barracks, and at the usual hour the felons, with each a heavy fine in addi"batalion mustered in the barrack-yard, tion, for no other offence than that of "where Thomas Richardson and writing against military flogging, and "Tennant, privates in the regimen t, were that, too, in terms much less censorious, "brought out from their place of con- or, at least, harsh, than those here made "finement, having suffered 14 days of use of, though I by no means find fault "solitary confinement, to have their with these terms. I have forgotten the "Court-Martial read over to them. circumstances of Mr. DRAKARD'S case; "The prisoners were found guilty of but I remember that mine was this: "high military offences. Tennant's of "fence was for being drunk on duty, "and he was sentenced to receive three "hundred lashes; he was tied up to the "halberds, but before he received 150 "he fainted, and was taken down, and "consigned to the care of the surgeon. "Thomas Richardson, said to be a very "bad character, and as far as we could "learn, for a similar offence, and abu"sing his superiors, was sentenced to "receive 500 lashes. The unfortunate graph of the MORNING HERALD an in"man writhed under the torture, but offensive publication. "bore his punishment with great firm-1. "ness, and took the whole 500. On "being taken down he thanked his "officers for what they had given him, "adding, "Thank God you have not "killed me yet?' He was also put under "the care of the surgeon. There per"haps can be no better proof of the "utter inutility of this barbarous and not censuring the flogging of regular soldiers, who had voluntarily entered the service (though I did not approve of that), but censuring the flogging of militia-men, who had been compelled to enter the service; but here is my petition to the late King, whose reign," PEEL tells us, was "mild and merciful." Here is the whole story; and it will show how vastly the mind must have "marched" to make the above para To His Most Gracious Majesty, The Petition of William Cobbett, Most humbly shows, 1. That there was published in Lon- 1 66 量 don, in the year 1809, a newspaper | given, or tendereils to them insten o called the "Courier, which newspaper the money that though, perhaps, this continues to be there published unto might be for their own ultimate conve this day that, in this said newspaper nience and good yet that, even if their was published, on Saturday, the twenty- claim had not been strictly legal, their fourth day of June, 1809, a piece of youth and inexperience bught, your ped news, or intelligence, in the following titioner is sure your Majesty would words to wit: 1 sdi b allow, to have pleaded suceessfully in "The mutiny amongst the Local excuse for their conduct, and ought Militia, which broke out at Elys (especially as they have been compelled was fortunately suppressed, on to assume the nilitary garb) to have "Wednesday, by the arrival of four saved them from suffering punishment, squadrons of the German Legion severe in itself, and deemed infamous Cavalry from Bury, under the by the law of the land. Your humble "command of General Auckland. petitioner is fully convinced that, if Five of the ringleaders were tried your Majesty were now to read those "by a Court Martial, and sentenced words, taking into consideration all to receive five hundred lashes these circumstances, your Majesty "each, part of which punishment would see in them nothing that ought they received on Wednesday, and not to have proceeded from the heart' are part was remitted. A stop or the pen of an Englishman; and that' page for their knapsacks was the your Majesty would be able to discover ground of complaint that excited in these words nothing that ought to this mutinous spirit, which occu- be deemed seditious or libellous, mint "sioned the men to surround their officers, and demand what they deemed their arrears. The first division of the German Legion halted yesterday at Newmarket, on their return to Bury." 1 1. " * 66 3. That, however, for having written! and caused to be published these words, your humble Petitioner was prosecuted by an ex-officio information; that he was harassed with this prosecution for nearly a year; that he was then brought tenced, first, to be imprisoned for two years in the jail of Newgate; second, to pay a thousand pounds sterling at the end of the two years; and, third, to be held in bonds of three thousand pounds himself, with two sureties in a thousand pounds each, to the end of seven years after the expiration of the two years of imprisonment. 2. That your humble petitioner pub-to trial; and that he was then sen lished, at the time here referred to, a work called the Weekly Political Register; that, on the first day of July, 1809, he inserted in the said work the above paragraph from the Courier, and that he, at the same time, subjoined words of his own, expressive of great indignation at the transaction; but words conveying no sentiment which he did not then think, and which he 4. That, after the verdict had been* does not now think, it became an Eng given against your Petitioner, he had lishman to entertain and express on just had time to return to his 'alarmed such an occasion; and your humble family at seventy miles distance from petitioner is fully convinced, that if London, when he was brought back by YOUR MAJESTY were to be graciously a judge's warrant to give bail for his pleased now to read those words, taking appearance to receive his sentence ;- that, all the circumstances into your con- having appeared on the first day of term sideration; who the punished parties according to the command of the war were, that they were poor men whom a rant, he was at once committed to jail, novel law had forced to quit their and kept there until finally brought homes, and to submit to military ser- to receive his horrible sentence; and vice, that the law had awarded a that (a thing theretofore wholly uni sum of money called the "marching heard of) his then printer, THOMASE guinea but knapsacks had been HANSARD; his then publisher, RICHARD " |