of their Lordships' order, after 12 years' delay, still awaits its fulfilment. In conclusion, having abstained as much as possible from repeating the arguments and illustrations contained in his note of the 2nd April, the Undersigned respectfully invites Lord Aberdeen, in connexion with the present communication, to take the contents of that note into renewed consideration; particularly the professional opinion of Sir Frederick Pollock (now Her Majesty's Attorney-General), and the opinions of Mr. Herries, of Mr. Goulburn, and Sir Robert Peel, distinctly expressed, or clearly intimated, in the debate in Parliament in May, 1840. The Undersigned, &c. The Earl of Aberdeen, K.T. (Extract.) EDWARD EVERETT. No. 13.-Mr. Everett to Mr. Nelson. London, April 2, 1844. I REMAIN without any answer to my note to Lord Aberdeen of October last, on the subject of the duties on rough rice from America, levied in contravention of the Commercial Treaty of July, 1815, between the 2 countries. Shortly after that note was received at the Foreign Office, Lord Aberdeen made a remark to me, which induced me to hope that the force of the argument would be admitted. I am sorry to say that a subsequent conversation with him has led me to think that a continued opposition will be made at the Treasury to the allowance of the claims. Mr. Hume inquired, last evening, in the House of Commons, whether there was any objection to communicating the correspondence which had passed between the Government and the American Minister on this subject; and was answered by the Chancellor of the Exchequer, that, as the correspondence was in progress, it would be prejudicial to the public interest to produce it. I understand from the agent of the parties chiefly interested here, that some member of the House of Representatives will be requested to move for the communication of the correspondence to Congress. If such a call should be made, I am not aware of any sufficient reason for refusing it. On the contrary, I think we have some reason to complain of this Government for wholly neglecting our most reasonable proposal to submit the question to their own courts of justice; and for now opposing the not less reasonable desire of the parties interested to bring their claim under the cognizance of Parliament. John Nelson, Esq. SIR, EDWARD EVERETT. No. 14.-Mr. Webster to Mr. Everett. THERE is one pending subject of discussion between the British Government and ours, of so great importance in all respects, and in regard to which the right seems to be so clear on our side, that it is proper no time should be lost in requiring your attention to it. I allude to the discriminating duties charged and exacted in England upon American paddy, or uncleaned rice, in contravention to our existing Treaty with that Government. The President views with regret the hesitation and delay of that Government to give a definitive answer to Mr. Stevenson's application upon the subject, and desires that you will, as soon as possible, acquaint yourself with the particulars of the business, and, by firm but respectful appeals to its sense of justice, endeavour to draw from Her Majesty's Government that early and favourable reply which it owes to its own interests and to the rights of our citizens. I am, &c. Edward Everett, Esq. (Extract.) DANIEL WEBSTER. No. 15.-Mr. Upshur to Mr. Everett. Department of State, Washington, August 8, 1843. Ir is matter of just surprise that any difficulty has arisen in the interpretation of the Treaty of 1815, involving the duty on rough rice. The meaning of the Treaty is too plain to be misunderstood, and does not admit of any illustration by argument. I cannot perceive that any attempt has been made to meet the views presented by yourself. At all events, the proposition which you have made under the authority of the parties interested, cannot be rejected with any show of justice. This Government certainly would not have agreed to any such reference of the question, except at the instance of the parties, and with an express understanding that the decision should not be a precedent for the construction of the Treaty in other cases. It seems to me that your argument is unanswerable; and the best proof of it is, that no attempt has been made to answer it. I have, therefore, nothing to add, except that the claim must be strenuously insisted on. To abandon it, would be, in effect, to abandon all reciprocity under the Treaty of 1815. Edward Everett, Esq. (Extract.) A. P. UPSHUR. No. 16.-Mr. Upshur to Mr. Everett. Department of State, Washington, November 23, 1843. YOUR despatch of the 1st instant came to hand yesterday, and was submitted to the President. He highly approves of the note which you addressed to the Earl of Aberdeen, on the 18th of October last, upon the subject of rough rice, and directs me to inform you that you are still to continue strenuously to urge the claim. Edward Everett, Esq. A. P. UPSHUR. CONVENTION between the Commissioners of Austria and Prussia, on the Subject of the Cession to Prussia of a part of the former Department of the Saar; in execution of Article LI of the Act of the Congress of Vienna,* and of Article VI of the Treaty of Paris of November 3, 1815.†-Signed at Worms, July 1, 1816. (Translation.) WHEREAS, according to the VIth Article of the TerritorialIndemnification Treaty, concluded at Paris, on the 3rd day of November, 1815, between the Allied Powers, the land districts, in the former Department of the Saar, which by Article LI of the Act of Congress were assigned to His Imperial Majesty, were thereby eeded to the Crown of Prussia; and whereas, on account of such seisin, as well as with regard to the territorial indemnification yet to be effected, a preliminary Convention, embodying several general principles, has already been concluded at Frankfort, on the 28th of June, by duly empowered Commissioners and Ministers, viz.; for the Austrian Government, the acting Privy Counsellor Baron Von Wessenburg, and for the Prussian Government, the Minister of State, Baron Von Humboldt; therefore, in order that the said cession and seisin, and especially as regards the districts situated in the former department of the Saar, may now be strictly fulfilled, and the necessary arrangements for duly effecting the same be made, the herein-named Commissioners, that is to say, on the part of the Prussian Court, the President of the Royal Government at Coblentz, 1st Division, Knight of the Red Eagle, 3rd Class, Baron Von Schmitz-Grollenburg, as Seisin-Commissioner; and on the part of the Austrian Court, the Actual Counsellor and Commander of the Royal Bavarian Civil Order of Merit, Wilhelm Von Drossdick, as Cession-Commissioner, have this day, the 1st July, 1816, met together, and, after exchanging their Full Powers, duly authenticated copies of which were recorded, the Austrian Cession-Commissioner declared that by virtue of his Full Powers he ceded and made over, without any reserve whatsoever, to the Prussian Seisin-Commissioner, His Imperial Majesty's land districts situate in the former department of the Saar, which districts were designated in the VIth Article of the Treaty concluded at Paris, on the 3rd day of November, 1815, between the Allied Powers, relative to the said territorial indemnification: such districts, moreover, consisting of the Cantons of Saarburg, Merzig, Wadern, Tholey, Ottweiler, that part of the Canton of Lohbach which was ceded by France in the year 1814, the remains of the Canton of Lonz (including the portions heretofore belonging to the Department Walder, and situated on the right bank of the Moselle), Hermeskeil and Birken*Vol. II. Page 31. † Vol. III. Page 236. feld, as well as the Cantons Baumholdar and Grumbách, the latter, with the exception of the townships of Eschenau and St. Julia; also the Canton of St. Wendel, with the exception of the townships of Saal, Niederkirchen, Bubach, Marth, Hof, and Ostenbrücken; and lastly the following townships, formerly belonging to the Canton of Cusel, viz. Schwarzerden, Reichweiler, Pfeffelbach, Ruthweiler, Burge, and Thal Lichtenburg, together with all the rights and privileges of the same description, and to the same extent as were hitherto held by the same by His Imperial Austrian Majesty. He does, therefore, now, in the name of His Imperial Majesty, release and discharge all the State servants and subjects belonging to the ceded districts, from the duty and allegiance they owed to their former Sovereign. Hereupon the Prussian Seisin-Commissioner declares that, by virtue of his Full Powers, and in the name of His Majesty the King of Prussia, he accepts and receives the districts so ceded, in the manner they have been transferred to him, and moreover, that he recognizes the same as well as the inhabitants thereof, as having passed over to His Majesty the King of Prussia in full sovereignty. Both the Commissioners hereupon immediately issued a proclamation on the subject, dispatching the same for publication to every district, and in this manner the VIth Article of the Treaty of Paris, of the 3rd of November, 1815, has been fully carried into execution. It being, however, desirable that this generally, and, as far as regards first principles, completely effected cession, should be made to harmonize with such dispositions, as it may hereafter be considered expedient to introduce therein; and as, moreover, the preliminary Treaty which was concluded on the 21st of June with respect to the districts to be ceded in the former Department of the Saar, the 2 Commissioners have, in consequence, consulted further together upon the following points, and have established resolutions in the form of Articles, viz. : ART. I. All the land revenues accruing in the ceded districts, reckoning from the 1st of May, 1816, fall to the Prussian Crown; on the other hand, the Cession Commissioner shall reserve for his Imperial Court all the claims upon the land revenue from the former period until the 30th of April of this year. II. The money existing in the Austrian Central Treasury, and which shall have been received from the districts of Ottweiler and Birkenfeld shall, in so far as such money proceeds from the revenues collected since the 1st of May of this year, remain therein to the credit of the Austrian Government, either on account of arrears due, or to enable it to meet any further claims, as well as to pay the salaries and pensions which have remained unsettled for the second quarter of this year, but the balance which remains from the war fund must be divided between the districts of Ottweiler and Birkenfeld, according to the scale which, in conformity with the order of the 4th of December, 1815, Official Gazette, No. 4, was fixed for the contributions to be imposed, and after having been so divided, must be remitted to the district treasuries, inasmuch as this before-mentioned balance arose out of a special fund raised for the exclusive object of paying off the debts incurred in consequence of the war. This, however, must be done without prejudicing in any way the claims for repayment which the Austrian Court may have, of the loans made by it out of the State Treasury. On the part of the Austrian Government, the order is at once herewith given to the Central Treasury to pay into the district Treasuries of Ottweiler and Birkenfeld the amounts so due. III. The State property still remaining unsold in the ceded districts on the 30th of April, and which consists of ores, and timber, belongs to the Austrian Government, which possesses the right, during 3 months, that is, until the 1st of October of the present year, of selling or of freeing from export duties property of every description which shall have been acquired by means of the revenues of the ceded districts, provided such property belong to the State and not to a commune. As regards timber, which must be standing, this Article applies only to such trees as have been marked for this year's sale, in the accepted contracts for felling. On the part of the Prussian Government correct reports upon the condition of such property, up to the 30th of April, as well as of the alterations since introduced in it, must be drawn up within 14 days, and forwarded to the Austrian Commission. The property so left to the Prussian Government must be considered in the light of a claim possessed by the Austrian Government, the value of the same being made by a comparison of the prices obtained at the last sales, 10 per cent., moreover, being deducted for the expenses of administration; but on this a special agreement may, up to the end of July, be entered into. Should, however, such interval elapse without such agreement being effected, then, in that case, the 3 months granted to the Austrian Court for the sale or the free exportation shall be reckoned from the 1st of August up to the 1st of November, and all the official facilities regarded as necessary for the further disposal of the said property shall be afforded to the Austrian Commissioners. IV. The bills of exchange, given on account of timber sold in the ceded districts, but which bills are not yet due, are handed over to the Prussian Court, on the part of Austria, agreeably to a Protocol specially to be drawn up thereon, but the former binds itself to account for their full value in favour of the Austrian Court in the liquidations that are further to be made. V. To the Austrian Court also belong, from the periods prior to the 1st of May of this year, in addition to the arrears still outstanding |