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Memorial of the Nashville Bar.-Convention with Russia. [Sen. & 11. of R. 2d Session. Á
Tennessee, to dispense, altogether, with the Circuit attend their circuits, in the different states, which are Court. This was far from their intention. If the pre- held, we believe, twice a year in every state and district sent state of things remains, either Ohio or this state will in the Union, except in Tennessee. In that state, owing be deprived of the benefit of the attendance of a Judge to its division inio two districts, wholly unconnect d of the Supreme Court. But, arranged as the Courts with each other, so far as relates to the Federal Court, were before the last Congress, the Judge of the Sev. / as much as if they were in different states, there is out enth Circuit never had it in his power to remain at Nash- one Circuit Court held in a year, for the transaction of ville during a whole session. He has always been ne. business. In the Circuit Courts of the United States, cessarily called off before the end of the term, to hold held in almost every state of the Union, perhaps in all court at some other place; which circumstance, alone, but three or four, the business on the dockets can be, has been productive of great inconvenience and delay. and is, completed in four or five days. Were the Cir. The Circuit Court, for this district, commonly sits from cuit Courts held in each state or district but once a year, six to eight weeks; and it is believed, that no possible this would enable the Judges of the Supreme Court to arrangement of the sessions of the court, under the pre- hold their sessions for a much longer period of time, and sent system, can prevent an interference, so as not, ne complete the business before them. The inconvenience cessarily, to deprive one or more circuits of the benefits of having but one Circuit Court in a year, would be of a Judge of the Supreme Court.
much less than that arising from the great delay, which To show to your honorable body the situation of the now exists, in the disposition of the causes in the Subusiness in the Circuit Court for the district of West preme Court. The practical effect of the present sysTennessee, the following statement is submitted with tem, both as to the Supreme and Circuit Courts, is, that regard to the number of suits depending therein: On the causes of the least importance, and where the amount the trial docket of said court, in 1819, there were one in controversy is small, are now immediately disposed hundred and seventy suits ; in 1820, there were one of, and, others are delayed, from year to year, without hundred and fifty-two; in 1821, there were two hundred argument or decision. and two; in 1822, there were one hundred and forty We respectfully submit these our sentiments and views, eight; in 1823, one hundred and eighty-five ; and in hoping that they will be received by you in that spirit 18:24, one hundred and sixty-one. The most of these which ought to characterise an American Congress; and suits were of importance, either as to amount or in prin. we trust that your enlightened body will remove the nuciple. Many of them involve difficult questions in law merous inconveniences and great evils which Tennessee, or equity, upon the decision of which, depend large and in common with the other Western states, now suffers, valuable tracts of land, and, sometimes, the whole from the organization of the present judicial system of estates of individuals. The above number of suits is not the United States. the annual product of each year-they have been accu.
G. W. CAMPBELL, Chairman. mulating from time to time-have been sometimes con Feli, GRUNDI, Secretary. tinued for the want of a competent court, at others because they were not reached, until some of them are
MESSAGE older than the professional career of almost every man at From the President of the United Slates, transthis bar. The delay of justice is almost equivalent to mitting a copy of the Convention between the its denial; and when the extent of this district, and the distance from which witnesses are summoned, are taken
United States and the Emperor of Russia. Janinto view, it will be seen that the expense of protracted
uary 21, 1825. litigation must be ruinous. No method occurs to us, to the Senate and House of that will have a tendency to prevent the highly injuri. Representatives of the United States: ous and fatal consequences which we have endeavored I communicate, herewith, to both Houses of Congress, to point out, but a change or reformation in the judicia. copies of the Convention between the United States ry system, or in the number of Judges; and to attain and His Majesty the Emperor of all the Russias, conclud. this end, we have made this appeal to the National ed at St. Petersburg on the 5th (17th) of April last; which Legislature.
has been duly ratified on both sides, and the ratifications Upon the most mature consideration that we have of which were exchanged on the 11th instant. been able to give to the subject, we think the most ac
JAMES MONROE. ceptable plan would be, to form new additional circuits Washington, 18th January, 1825. in the Western country, and to appoint three Circuit Judges, who shall likewise be Associate Justices of the By the President of the United States of America, Supreme Court of the United States.
A PROCLAMATION. Your memorialists cannot perceive the force of the objection which has been urged against this plan, that'ten
Whereas a Convention between the United States of will be too great a number of Judges for the Supreme America and His Majesty the Emperor of all the Russia, Court of the United States. In England, no practical in- was concluded and signed at St. Petersburg, on the convenience is found from having twelve, or, in truth, 5th (17th) day of April, in the year of our Lord one thouincluding the Lord Chancellor, thirteen Judges for the sand eight hundred and twenty-four; which Convention, decision of cases in a court of last resort; and we con
as translated from the French language, is, word for fidently refer to the results of experience in that coun
word, as follows: try: No good reason can be given why ten Judges can- In the name of the most holy and Indivisible Trinity :: not transact business with equal ease, celerity, and abili. The President of the United States of America and ty, as seven; and should it so bappen that, ipon ques. His Majesty the Emperor of all the Russias, wishing tions of great importance, an equal division of opinions to cement ihe bonds of amnity which unite them, and should exist, in all probability, it would be belter for the to secure between them the invariable maintenance community that such question should remain undecided, of a perfect concord, by means of the present and that the cause be decided by an affirmation of the Convention, have named, as their Plenipotentiaries, judgment of the court below. It may also be said, that to this effect, to wit: The President of the United the court, as at present constituted, cannot transact the States of America, HENRE MIOpleton, a citizen of said business on the docket of the Supreme Court, and that States, and their Envoy Extraordinary and Minister increasing the number of Judges will not obviate, but Plenipotentiary near luis Imperial Majesty; and His Ma. rather add to, this difficulty. Why is not the business jesty the Emperor of all the Russias, his beloved and Row transacted? Because the Judges are compelled to faithfuil Charits Rouent Count of NESSELRODE, actual
A Convention between the United States and Russia. [Sen. & H. of R. 211 SESSION. Privy Counsellor, Member of the Council of State, Se Article 6th. - When this Convention shall have been cretary of State directing the administration of Foreign duly ratified by the President of the United States, wità Affairs, actual Chamberlain, Knight of the order of St. the advice and consent of the Senate, on the one part, Alexander Nevsky, Grand Cross of the order of St. Wla- and on the other by His Majesty the Emperor of all the din ir of the first class, Knight of that of the White Eagle Russias, the ratifications shall be exchanged at Washing of Poland, Grand Cross of the order of St. Stephen of Hinton in the space of ten months from the date below, or gary, Knight of the orders of the Holy Ghost and of Se. sooner, if possible. In faith whereof the respective Michael, and Grand Cross of the Legion of Honor of Plenipotentiaries have signed this Convention, and there France, Knight Grand Cross of the orders of the Black to affixed the seals of their arms. and of the Red Eagle of Prussia, of the Annunciation of Done at St. Petersburg, the 17th (5th) April, of the Sardinia, of Charles III. of Spain, of St. Ferdinand and year of Grace one thousand eight bundred and twenty. of Merit of Naples, of the Elephant of Denmark, of the four. Polar Star of Sweden, of the Crown of Wirtemberg, of
HENRY MIDDLETON. the Guelphs of Hanover, of the Belgic Lion, of Fidelity
LE COMTE C. DE NESSELRODE. of Baden, and of St. Constantine of Parma; and PIERRE
PIERRE DE POLETICA, de POLETICA, actual Counsellor of State, Knight of the order of St. Anne of the first class, and Grand Cross of fied on both parts, and the respective ratifications of the
And whereas the said Convention has been duly rati. the order of St. Wladimir of th. second ; who, after hav. ing exchanged their full powers, found in good and due day of the present month, by Jous Quincy Adams, se
samo were exchanged at Washington, on the eleventh form, have agreed upon, and signed, the following stipu- cretary of State of the United States, and the Baron de lations :
Tryli, Envoy Extraordinary and Minister PlenipotesArticle 1st. It is agreed, that, in any part of the tiary of his Imperial Majesty, on the part of their reGreat Ocean, commonly called the Pacific Ocean, or spective Governments : South Sea, the respective citizens or subjects of the high Now, therefore, be it known, that I, JAMES MONROE, contracting powers shall be neither disturbed nor re. President of the United States, have caused the sad strained, either in navigation or in fishing, or in the pow. Convention to be made public, to the end that the same, er of resorting to the coasts, upon points which may not and every clause and ariicle thereof, may be observed already have been occupied, for the purpose of trading and fulfilled with good faith by the United States and with the natives, saving always the restrictions and con- the citizens thereof. ditions determined by the following articles :
In witness whereof, I have hereunto set my hand, and Article 2d.-With the view of preventing the rights of
caused the scal of the United States to be affixed. navigation and of fishing, exercised upon the great ocean
Done at the City of Washington, this twelfth by the citizens and subjects of the high contracting day of January, in the year of our Lord one thoa. powers, from becoming the pretext for an illicit trade, it (l. s.] sand eight hundred and twenty-five, and of the is agreed that the citizens of the United States shall not
Independence of the United States the fortyresort to any point where there is a Russian establish
ninth. ment, without the permission of the governor or com
JAMES MONROE. mander; and that, reciprocally, the subjects of kiussia By the President : shall not resort, without permission, to any establishment
Joun Quincy AVAMS, of the United States upon the Northwest Coast.
Secretary of State.
LETTER tablishment on the Northwest Coast of America, nor in From the Secretary of State, transmitting informany of the Islands adjacent, to the north of fifty-four de ation in relation to the Commercial Relations, grees and forty minutes of north latitude; and that, in
(as they at present exist,) betiseen the United the same manner, there shall be none formed by Russian
States and the kingdom of the Netherlands. subjects, or under the authority of Russia, south of the same parallel.
February 11, 1825. Article 4th. It is, nevertheless, understood, that, dur.
DEPARTMENT OF STATE, ing a term of ten years, counting from the signature of
Washington, 10th February, 1825. the present Convention, the ships of both powers, or The Secretary of State, in obedience to a resolution which belong to their citizens or subjects, respectively, of the House of Representatives, of the 21st of January may reciprocally frequent, without any hindrance what- last, directing hini to communicate to that House any ever, the interior seas, gulfs, harbors, and creeks, 'pon information he may have in this Department, “showing the coast mentioned in the preceding article, for the whether the duties levied on the tonnage of the vessels purpose of fishing and trading with the natives of the of the United States, entering the ports of the kingdom country.
of the Netherlands, and on the merchandise with which Article 5th.-All spirituous liquors, fire-arms, other they may be loaded, exceed those paid by the vesels arms, powder, and munitions of war of every kind, are belonging to the said kingdom,” has the honor to submit always excepted from this same commerce permitted by to the House of Representatives copies of the corresthe preceding article; and the two powers engage, re-pondence in this Departinent, having relation to that ciprocally, neither to sell, or suffer them to be sold to the subject. natives, by their respective citizens and subjects, nor by
Respectfully submitted, any person who may be under their authority. It is
JOIN QUINCY ADAMS. likewise stipulated that this restriction shall never afford a pretext, nor be advanced, in any case, to authorize either search or detention of the vessels, seizure of the Extracts of a letter (No. 102), from Mr. Evereti, to Ms. merchandise, or, in fine, any measure of constraiut what
Adams, dated erer, towards the merchants or the crews who may carry
Buussels, 17th March, 1823. on this commerce ; the high contracting Powers recipro “I have the honor to enclose copies of two notes, cally reserving to themselves to determine upon the pe. which I have lately had occasion to address to Baron de nalties to be incurred, and to inflict the punishments in Nagell, and of his answer to them.” case of the contravention of this article, by their respec “The reply to my application in regard to the differtive citizens or subjects.
ence in the duties imposed upon goods imported in
18th Sessoess, Commercial Relations between the U. States and the Netherlands.
[H. of R.
national and foreign vessels, is merely an acknowledg. to the enaction of our law of April 20, 1818, the imment of the receipt of the note. As the principal object mediate and necessary consequence will be, the repeal of the new financial system is to encourage the com- of that law, as far as it applies to the vessels of the merce and navigation of tbis country, it is perhaps harull Netherlands. to be expected that the exception which I have sugo I must, therefore, take the liberty of requesting your gested in favor of the United States, will be admitted. Excellency to inform me, whether it is the intention of if it is not, a partial repeal of the law of the 20th of the Government of this country, that the new principles, April, 1818, will probably be thought necessary. But, introduced by the late tariff, shall be applied to the as this measure cannot be taken till the meeting of the American trade. The Government of the United States next Congress, there will be ample time in the interval has no wish to interpose, in any way, with the policy of to receive the definitiv answer of this Government." the Netherlands; and has never sought, or accepted, ex.
“A separate discriminating duty in favor of national clusive or onerous commercial advantages in the ports of vessels has also been imposed, since the commencement any nation. The liberal system which has lately pre. of this year, upon the importation of coffee from Bata- vailed, in the intercourse between the two countries, via, which is to be in force until the end of 1824."
was regarded as mutually beneficial, :nd as conformable
to the general spirit of the administration of both. I Mr. Everett to the Baron de Nagell.
assure your Excellency, that my Government would BRUSSELS, March 7, 1823.
regret to find itself compelled to depart from this sys.
tem; and I venture to hope that you will furnish me SIR: The new Tariff, which has recently gone into with such explanations as may shew that a measure of operation, contains several articles affecting the com: that kind will not be necessary, mercial relations between this country and the United I have the honor to be, with high respect, Sir, States. I think it my duiy to invite your Excellency's
Your Excellency's obedient servant, attention to these articles, and to point out the manner
A. H. EVERETT. in which they will operate upon the American trade.
Your Excellency will recollect that the Government | Extract of a letter (No. 105) from Mr. Everett to M: of the United States, by the law of the 20th of April,
Adams, dated 1818, extended to the ships of the Netherlands, ar
BRUSSELS, June 1, 1823. riving in the ports of the Repuvlic, nearly the same privileges that are enjoyed by our own. They pay the
“I transmit, herewith, copies of an answer from Baron same tonnage duty, and also the same duties on their de Nagell, to my note of the 7th of March, respecting cargoes, as far as these consist of articles, being of the the discriminating duty established by the new provingrowth or manufacture of the Netherlands, or of such cial system, and of my reply." neighboring countries as usually ship their products from the Dutch ports. These privileges were granted
Baron de Nagell to Mr. Everett. to the commerce of the Netherlands in consequence of
(TRANSLATion.] the adoption, in this kingdom, of the law of October 3, 1816, which abolished the discriminating tonnage duty,
The undersigned, Minister of Foreign Affairs, being and of the understanding that there was no other discrın. eager to lay before the king the note which Mr. Evereti, inating duties in force. If any change were to take pl. cr Charge d'Affaires of the United States of America, sent in the laws of this kingdom, in either of these respects, hin, of the 7th of this month, has the honor of informning the natural consequence would be a corresponding him, that the observations which it contains on the new change in those of the Unitel States.
system of imposts of the kingdom of the Netherlands, 26 I regret to find that the new financial system appears far as it applies to the commerce of the United States, to contemplate some important alterations of this de- shall be immediately taken into grave consideration. scription. Several articles of the tariif establish a differ The undersigned flatters himself with being shortly ence of duties in favor of goods imported in Dutch ves- enabled to give to Mr. Everett the desired explanasels: and the law of 26th August, 1822, creates, in the tions on this subject, and embraces this occasion to form of a drawback, a general discrimination to the renew to him the assurance of his distinguished consisame effect; the 10th article being as follows: One tenth deration. of the duties paid upon the importation, or erportalion, of
A. W. C. de NAGELL. all goods, shall be returned when the same are imported, or
Brussels, 10th March, 1823. exported in Dutch vessels, excepting those articles, of which the importation and exportation in Dutch vessels, are
Baron de Nagell to Mr. Everett. otherwise specifically fuvored by the tariff.
[TRANSLATION.) It has always been the wish of the Government of the The new system of duties introduced into the Kingdom United States, to lend its aid in placing the commerce of the Netherlands, having naturally appeared to the of the world upon the most liberal footing. With this Government of the United States of America to produce view, it was proposed to all the powers of Europe, soon a change in the commercial relations between the two after the close of the late wars, io abolish, mutually, all countries, Mr. Everett had thought it his duty to dediscriminating duties on tonnage ; and the proposition mand, by the note which he had done him the honor of having been, in substance, accepied by the Government addressing to the undersigned Minister of Foreign Affairs of the Netherlands, the arrangement took effect between on the 7th of March last, explanations proper to tran, the two countries. As it was also understood that no quilize in this regard the Government of the United other discriminating duties existed, a similar regulation States, or 10 direct its future conduct. was established in favor of goods imported in Dutch The King has just authorized the undersigned to give vessels, into the Uuited States. It is obvious, however, here the explanations desired. that these privileges cannot be continued upon any other
The 101h'article of the law which precedles the new priuciple than that of reciprocity. It would not suit, lariff of duties of entry and clearance, is the argument either with the honor or interest of the United States, upon which Mr. Everett founds his representations. The that the merchants of the Netherlands should enjoy, in article grants a drawback of ten per cent. of the duties our ports, the same advantages with native citizens, on merchandise imported or exported by the vessels of while our merchants were subjected in this country to the Netherlands; now, as, by an act of Congress of the unfavorable discriminations. If this Government is United States, of 20th April, 181€, all difference of resolved to abandon the equalizing system, which led treatment between the ships of the Netherlands and
18th Sesser.ss} Commercial Relations between the U. States and the Netherlands.
[H. of R.
America has been abolished, founded upon this, that in and to know which of the two Governments has made the kingdom of the Netherlands the flag of the United the commencement. States enjoyed the same advantages as the national The discussion of the causes which can have determin flag; the new disposition of the tariff appears to Mr. ed the American Government to revoke, from the beginEverett to be in 'opposition to the principle of reci- ning of the following session of Congress, the act of Xu procity.
April, 1818, is unknown to the Government of the Neth The answer is found in the aim of this disposition, erlands. No conjecture will be permitted, if the meawhich does not appear to have been well understood. sure, in place of being specially directed against the
By the laws of the 12th June 1821, and 10th August commerce of the Netherlands, do not rather announce a last, the duties remain without distinction, the same for complete alteration of system. foreign ships and for national. This restitution of a The deliberations of Congress in the Fall, will resoire tenth for the merchandise imported by the ships of the this problem ; but, in the mean time, the certain pros Netherlands, has done no more (as the 11th article of pect of losing the advantages assured by the act beforethe law of the 12th July, 1821, expresses it,) than to mentioned, to our commerce or to our navigation, alone give encouragement and proper aid to the works of the serves as a sufficient cause for preventing the Govern nation. This restitution therefore supplies the place of ment of the Netherlands from establishing any exception the premiums of encouragement which the Government in the new tariff in favor of the American flag. might have granted to every ship built in the Nether. The undersigned has the honor to renew to Mr. Eyelands; a disposition which certainly never could have rett the assurance of his distinguished consideration. given room to the American Government to complain of
A. W. C. de NAGELL. an inequality of treatment in respect to the ships. If the Brussels, 27th May, 1823. Governmert of the United States bad found it good to grant a similar premium to the American ships, surely
Mr. Everett to the Baron de Nagell. the King could have found in that no cause of remonstrance. His Majesty would have only seen in it a boun
Brussels, May 31, 1823. ty intended to encourage, or to favor, the manufactures Sir: have just received your Excellency's answer to of the nation.
the note which I had the honor of addressing to you on Although the Government of the Netherlands might the 7th March, upon the subject of some of the proviconfine itself to this explanation, the undersigned has, sions of the new tariff, and learn, with regret, from this nevertheless, been charged to take advantage of this communication, that it is the King's intention to enforce occasion to examine the question more thoroughly. In these provisions against the commerce of the United approaching it with frankness, it will be easy to find, in States. I shall immediately transmit your reply to my, the conduct of the United States, the justification of Government, who will judge how far the new pelicy of what is charged upon the Government of the Nether- this country is justified by the arguments you allege in lands.
its favor, and what measure it may be expedient for then After the negotiations begun at the Hague, by the to allopt under the circumstances of the case. respective commissioners for a treaty of commerce, were Without pretending to anticipate the decision of the interrupted, the act of Congress of 20th April, 1818, was President and Congress of the United States, upon this passed. In the course of these negotiations, observation subject, I think it my duty to add here a few short rewas made to the American commissioners of the liberal- marks, relating chiefly to the latter part of your Excel. ity of the Governmen: of the Netherlands in iis relations lency's note, in which you dwell upon the effect of the with America, and an attempt was made to convince act of March 3, 1819. You appear to consider this act them that at all times tlie American flag had been more as a definitive repeal of the two former laws on the favored here than the flag of the Netherlands had been same subject, and looking at it from this point of ries in America.
you naturally conclude that it forms of itself a complete Such are apparently the reports of the American Plc. reply to the reasoning in my note, and that, because I did nipotentiaries, as well as the representations of the not mention it, I could not be aware of its existence. Charge d'Affaires of His Majesty at Washington, which the act is a document of public notoriety, and is printed produced this act of 20th April, 1818, by which that of in the collection of the laws of the United States, with 5d March, 1815, concerning the general, but conditional the other laws which I had occasion to quote. It produs. abolition of discrimnating duties has been rendered ap- ed no material effect upon the relations between the plicable, and even amplified, to the flag of the Nether. countries, and did not therefore require to be mentioned lands. As long as this state of things exists, the explain the course of my remarks upon the subject. I rather nations demanded in the official letter of Mr. Everett, regret, however, that I had not attended to it, and es. may appear proper.
plained its operation, inasmuch as the construction given But can Mr. Everett be ignorant that his Government to it by your Excellency, though erroneous, was natural is upon the point of revoki-ig the prolongation of these enough in a foreigner unacquainted with the forms of advantages and that an act of the 3d March, 1819, de our legislation, and seems to have had an unfavorable crees that the two acts before cited (that of 3d March, influence upon the whole tenor of your reply. 1815, and of 20th April, 1818,) shall cease to be in force The object of this act, which wears the shape of a re at the date of 1st January, 1824? and that, in conse- peal of the two former ones, was to fix a time when the quenct', the equalization of duties of entry and clear. subject should be taken up again in Congress. A limiance, and the cuties of tonnage of vessels under the tation of this sort is with us, annexed to almost all nex Hag of the Netherlands, in the different ports of the laws of much importance, and often makes a part of Uniterl States, will no more continue after that time?
-them. It furnishes, therefore, in this case, no proof of His note would cause the presumption that he had no an intention to change the system : and as the laws and knowledge of it; otherwise, we may be allowed to be. negotiations of the United States, subsequent to its adoplieve that he would not have addresse: it. It is, doubt. tion, prove on the contrary their disposition to adhere to less, a matter of surprise, that he has not been inforined it, there is little or no reason to doubt that the result of of a disposition which so essentially changes the state of a reconsideration of the subject, will be to re-enact the aflairs; but, although it do not belong to this article, it law, with such alterations as may appear expedient.is sufficient that it is impossible for the Government of Among these alterations will probably be, the repeal of the Netherlands to call in question the existence of this the privileges granted by the act, to any powers which revocation, for having a ground upon which the commer. may have subsequently withdrawn the corresponding cial relations with the United States are to be found, privileges, formerly allowed by them to the citizens of
18 Sesstoess,} Commercial Relations between the U. States and the Netherlunds.
[H. of R.
the United States. Hence, the only effect of this act, The object requiring most immediate attention is your upon the relations between those states and the Nether. correspondence with the Baron de Nagell, concerning lands, will be to fix the time when the American Go- the law of the Netherlands, of the 26th of August, 1822, vernment will probably remodel their system, in con establishing a drawback of one-tenth of the duties upon fornity to that which may be in force here: anıl if the merchandise exported or imported in national vessels, King is really desirous to continue those relations upon and referring to other favors to the national tag, in the their present footing, the act of March 3, 1819, instead general law, and in the tariff. of operating as an objection to the allowance of an ex The view you have taken of both parts of the agree. emption to American vessels, from the effect of the new ment, in the Baron de Nagell's note of the 27th of May, tariff, would serve, on the contrary, as a reason for tak- is approved, and leaves me little to say in addition to it. ing such a measure with the least possible delay. Fron, the strenuous manner in which the Baron urges
Such are the remarks which I have thought it my duty the act of Congress of the 3d March, 1819, in justificato communicate to your Excellency, in relation to the tion of the new discriminations in the law of the Netheract of March 3, 1819. The other part of your answer, lands, it is apparent that he places little reliance upon which treats inore directly the points in question, would the other part of his note. The object of all discrimin. also admit of some objections. You intimate that, pro ating duties is to favor the national shipping and shipvided the duties levied upon foreigners and native citi. building interest; and whether in the shape of addition. zens, are nominally the same, a Government may allow al impost, of tonnage, of drawback, or of bounty, they a drawback in favor of the latter, without subjecting it. are alike felt in the competition of navigation, and alike self to the charge of partiality. This distinction seems, incompatible with the principle of equal privilege and however, to be more formal' than real: and if the fo- burden. It will be proper, therefore, explicitly to state, reigner actually pays in any way ten per cent. more than that the case hypothetically stated by the Baron de Nathe citizen, it would be rather difficult to prove that they gell, of a bounty upon ship-building, is considered by are placed upon an equal footing; or in other words, this Government as much within the principle of dis. that they pay the same. Your Excellency also remarks, criminating duties as a direct tonnage duty, and equally that the discrimination established by the new law, in at variance with the system of equalization established favor of the subjects of the Netherlands, is justifiable, on with a mutual understanding between the United States account of its object, which was to encourage the navi. and the Netherlands, by reciprocal acts of legislation. gation of the country. in regard to this point, I must The limitation prescribed by the act of Congress of take the liberty to suggest, that the end, supposing it to 31 March, 1819, was, as you have observed, no intimajustify the means, does not change their character, nor, tion on their part, to abandon the system. The act of in this instance, prove that a discrimination in favor of 30 March, 1815, was an experimental offer, made to all citizens is consistent with perfect impartiality between the maritime nations: it was, in the course of the same citizens and foreigners. The American Government had year, accepted by Great Britain, confirmed in the form in view the same object, viz. the encouragement of the of a convention. A similar effort was made with the navigation of their country, in establishing a discriminat- Netherlands in 1817, but without success; but the prin. ing tonnage duty in favor of our own vessels: but they ciple of equalization was established by corresponding certainly never thought of maintaining ihat the foreign legislative acts. The Manseatic cities and Prussia, sucers, against whom this discrimination operates, are as fa. cessively acceded to the same system, and, as well as the vorably treated in our ports as the citizens of the United Netherlands, required an extension of the equalizing States; or of claiming, under this pretence, an impartial principle offered by the act of Congress of 30 March, treatment for the latter in the ports of such foreigners. 1815, to merchandise of the growth, produce, or manu.
I must, however, beg your Excellency, in conclusion, facture, of countries, other than that to which the vessel not to consider these new remarks as intended for the pur. should belong; but, usually, first exported from thence. pose of urging very strenuously upon the Government in conceding this extension of their first offer to the ciof the Netherlands, a compliance with the proposition ties of Hamburgh and Bremen, and to Prussia, after b-ro contained in my note of the 7th of March. diy principal ing yielded it to the Netherlands, Congress thought pro. object has been to explain one or two points in that com- per to fix a time for a deliberate revision of the whole munication, which you seem to have misunderstood.-system; and, therefore, limited the duration of all the The people of the United States are too well satisfied laws relating to it, to the first of January, 1824. But with the goodly heritage which the bounty of Providence neither Congress, nor the Executive Government, have bas allotted to them; and too abundantly supplied from manifested any intention to abandon the system. The their own territories with the best products of almost all President has, on the contrary, more than once, expressclimates, to solicit very anxiously of any foreign powered the favorable view in which it is considered by him, the concession of favors, commercial or political. In and particularly in his message to Congress, at the open. proposing to other nations to open to them, on a footing ing of the session, on the 3d December, 1821. of equality, the immense and various resources of our The whole subject will, undoubtedly, be one of the vast Republic, they conceive themselves to be acting for first objects of deliberation at the ensuing session of the good of those nations and of humanity, as well as for Congress. There is no reason to doubt that the existing their wwn.
If the King does liot deem it expedient for equalization with regard to the Netherlands would be himself or his subjects to accept this ofler, the Govern. continued, but for the change which has been made on ment of the United States, without complaining of his their pari. A declaration from that Government that refusal, and without suffering much from it, will, doubt. the discriminations against which you have made iepre. less, regret that the views of so enlightened a monarch sentations, have not been, and will not be, applicable to upon a great question in political economy,should be dif- the United States, so long as the vessels of the Netherferent from their own.
lands, in the ports of the United States, shall continue to I bave the honor to me, with the highest respect, sir, enjoy the equalization secured to them by the acts of Con. Your Excellency's very ob’t. ser'vt.
gress of 31 March, 1815, and 20th April, 1818, will suA. H. EVERETT. percede, without doubt, all change of the existing regu
lations here, favorable to the navigation of that country. Copy of a letter from the Secretary of State to Mr. Everett, It is very desirable that you should obtain such a declaCharge d'Affaires of the Unite States to the Netherlands. ration in tine to forward it, so that it may be received DEPARTMENT OF STATE, 9th Aug. 1823.
here by the first Monday in December, when the session
of Congress will commence, or as soon after as possible. Sir: Your despatches, to No. 105, inclusive, have been the act of Congress on the revision of the system, will recciyed, and your letters marked private, to No. 27. 1
probably pass in the course of that month.