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18th CONGRESS, Location and Improvement of Indians.- Nashville Bar. [H. of R. & Sen.

2d SESSION.

RECAPITULATION.

STATES AND TERRITORIES.

Whole num Whole quantity ber of Indians. of land claimed.

REMARKS.

ACRES.

Maine, Massachusetts, Rhode Island, Connecticut, New York, • Virginia, South Carolina, Ohio,

Michigan Territory,

Indiana,
Illinois,.
Georgia, .
Alabama,
Tennessee,
Mississippi, -
Florida Territory,
Louisiana, -

956

92,260
750
420

3,000
400

4,300 5,143 246,675 47

27,000 450

144,000 2,350 409,501

r'The number of Indians embraces those in the coun28,316

try West of Lake Michigan, as well as those in the 7,057,920

peninsula of Michigan; the information being such

Las not to admit of a separate enumeration.
Is 10,104,000

Some of the Indians claiming lands in these states 11,579

Breside partly in both ; the particular number in 5,314,560

(either cannot therefore be stated. 9,537,920 n The Indians claiming lands in these states, do not

7,272,576 | all reside in any one of thein, except the Chicka. 53,625

1,055,680 saws; and it cannot therefore be stated what is the

15,705,000 particular number residing in each state. 5,000

4,032,640 1,313

r The Osages and Piankeshaws are scattered in Mis. Is 2,782,726 | souri and Arkansas, and inost of the former beyond 18,917 3 13,612,560 the limits of either; it cannot therefore be stated

i what is the particular number of Indians in either,

ad

Missouri,

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Arkansas Territory,

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Department of War, Office Indian Affairs, Jan. 10, 1825.

THOS. L. M.KENNEY.

MEMORIAL

in the exercise of this power-in states where there is

comparatively, little or no business, a Judge of the SuOf the Members of the Bar of Nashville, in the preme Court is associated in the administration of jusState of Tennessee.-- Jan. 4, 1825. tice with the District Judge. The questions presented

are decided by a court which, almost, ensures correctTo the Honorable the Senate and House of Representatives ness and satisfaction; or, if the question is difficult, and of the United States of Ainerica, in Congress assembled. worthy of a more soleinn examination, by a division of

opinion in the court it may be brought before the Su. The members of the Bar of Nashville, in the state of preme Tribunal, when the amount in controversy, or Tennessee, beg leave, respectfully, to submit to your the situation of the litigants, would not otherwise allow honorable sudy, a brief staieinent, showing the evils ex. this to be done. In other states, where the dockets are perienced by the Western States, in conscqucnce of the crowded with business, where property, to an immense defective organization of the Federal Judiciary System. amount, is in dispute, and where questions of the great.

In the nine Western States, there is only one Circuit est moment, to the parties and the community, are to be Judge; and, of course, only one member of the Su-l decided, the courts are, sometimes, as we have been inpreme Court of the United States. Seven of those states forined, composed only of a District Judge, of inferior are, at this time, entirely excluded from all the benefits talents, whose judgment, no matter how palpably erroto be derived from the presence and learning of a Judge neous, if the amount is under two thousand dollars, is of the Supreme Court. If this be a privation, followed irreversible, beyond examination, and carries with it disby serious injuries to the states in that situation, it is time aster and utter ruin to the suitor ; and if the amount is that a remedy should be applied by the National Legis. such as allows of a writ of error, it is too often impossilature, or its application be clearly shown to be imprac. ble for the injured party, either from poverty or want of ticable.

friends, to piirchase the expensive and distant remedy. When the extensive grant of judicial power was made But, if it should be a criminal prosecution, by an error by the Constitution, to the Federal Government, it be in which the character, or liberty, or property, or life of came the duty of that Government to provide for the the citizen is to be affected, then he must bow in subexercise of those powers in a mode equal in its opera- mission to the erroneous judgment of a single Judge. tions, and by courts fully competent, by their ability, And if, instead of imbecility, the District Judge is en learning, and knowledge of the laws which they were to dowed with great talents and learning, yet, there can be gelminister. At present, there exists a great inequality' no division of opinion, which is of such infinite import.

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ance in criminal causes, and in those where no writ of he must know the situation of their land titles; he must error is allowed; and, in the decisiuns of all questions, hear their legal principles and their peculiar systems of there is not so great a probability of correctness as if he jurisprudence examined and discussed by the resident was assisted by another Judge of equal or superior lawyers, by men to whom those principles and systems ability.

are familiar, who can correct any erronevus opinions If this state of things does not constitute a great ine- which may exist in regard to any part of them. His quality, and even injustice, in the mode of exercising mind must be imbued from the fountain head. This and distributing the judicial powers of the Union, it is can only be done by the Judge holding the courts in the hardly possible to suppose any case which would consti- several states, and applying bis mind, exclusively, to actute this degree of inequality and injustice.

quiring a knowledge of the laws of the two or three states, Great and ruinous as are the evils which arise from in the courts of which he may preside. A man of vigothis source, they are not so alarming in principle, or so rous mind, thus situated, and thus employed, will carry injurious in practice, as those which spring from the in-into the Supreme Tribunal of the Nation a competent competency of the present Supreme Court to execute knowledge of the laws which are to govern their examithe judicial powers confided to the General Govern nation and decisions; and if the appeal is to correct an ment, in the mode which the spirit of the Constitution error committed by himself, he bears with him the light prescribes, and which the safety and welfare of the citi- which will enable his associates to detect such error, zens of the several states of the Union demand. This and rectify wlmt was, probably, a mistake occasioned by grant of judicial power was to be exercised over two the hurry of trial, which will sometimes occur to the great, but entirely distinct, departments-the one reablest men. garding the administration of the Constitution and laws! The peculiarity of the local laws of some of the Westof the United States; the other, which is, at least, ofern states, particularly of Kentucky and Tennessee, in equal importance, regarded the administration of the relation to their land titles, renders it necessary that laws of the several states. When this transfer of power there should be two, or more, Judges in the Supreme was made, it was not intended, by the states, that any Court of the United Stales, from the Western country, change should, thereby, be effected in their laws; but, These systems of law are not the same in Kentucky as it was expected that those laws, whether common or in Tennessee, though between them there is some restatute, should be administered in their spirit and puri- semblance; but, in many parts of these systems, no ty; and, upon receiving this power, it became the im- analogy exists to the doctrines of the common law; and perative duty of Congress to organize the Courts of the a Judge may be an excellent lawyer, endowed with the United States in such a manner, and upon such princi- most exalted talents, and vet not competent to decide ples, as would ensure a just, and enlightened, and sub- or even comprehend, many questions arising in landed stantial discharge of a trust, so extensive and important. controversies from these states. Able counsel may be That such is the duty of the United States none will de-employed to argue these callses, who are, themselves, ny. What is then necessary to its performance, and perfectly conversant with their local laws, yet, it is imwhat detects in this organization will constitute such a practicable, in an argument of counsel, to lay down all dereliction of this duty, as to form a just and rational the first rudiments and principles, and to inform, suffi. ground of complaint ? The object to be attained is the ciently, the minds of Judges who are strangers to a sys. impartial administration of justice, according to the state tem of laws, which is, in reality, complicated, and which, laws. To effect this, it is no: only necessary that the to them, would appear technical and inconsistent. No Judiciary Tribunal be honest and enlightened, but, that one will deny, that uniformity of decision in the Supreme it have, also, an intimate and accurate acquaintance with Federal and State Tribunals, upon questions involving the common law of the state; by which we mean the titles to land, is of the greatest importance; and how common law of England, or, the Civil law, as modified great would be the confusion and distress that would enby the habits of the people, and the situation of the sue from a difference of opinion and decision between country; the statute laws of the states, with their histo- those tribunals, upon questions of that nature. ry, causes, construction, and application, and the judi. Your memorialists respectfully represent, that, al: cial decisions of the state courts ; all of which constitute though by the act of 1807, the Circuit Court system was the laws which the courts of the Union are to observe extended to Tennessee, yet, in fact and in practice, for as their rule of decision; and, upon the understanding much of the time, during the interval, from that period and observation of which, depend the rights and welfare to the present, the Circuit Courts have not been ato of the citizens, and the security of their property. tended by a Judge of the Supreme Court of the United

Are the Courts of the United States so constituted, States. The seventh circuit, consisting of Kentucky, as to ensure, to a reasonable extent, the proper and safe Ohio, and Tennessee, is too large for the duties of it to exercise of this great trust and power! The negative be devolved on one man; and it was absolutely impossianswer to this question, is most obviously and most de ble for the Judge, assigned to this circuit, to fulfil the plorably true. What Judge on the bench of the Su- letter of the law, designating his duties. The law repreme Court has an accurate knowledge of the laws of quired the Court to be held once a year in the district Missouri, Alabama, Mississippi, Louisiana, Illinois, or of West Tennessee, and the Judge of the Supreme Tennessee ? Not one it is quite impossible that any one Court, since 1807, has attended but ten courts for said of them should have, situated as at present they are. district, little more than one half the number; and, from We know, we every day feel and we do most deeply the situation of the District Judge, in relationship to the regrel, their entire ignorance of the laws of Tennessee ; parties, his interest in the event of the questions de anl thiswe say,not in derogation of that very able and en-pending, and other causes, great delay and increase of lightened Court, for which we feel the bighest respect, expense have been the consequence ; and no power has but, to show the imperfections of the present system, existed to have many questions of importance and diffiand attribute them to their proper cause. It is impos culty revised in the Supreme Court, where the amount sible that each of the Judges can acquire such a minute in controversy was under two thousand dollars. An ado acquaintance with the laws of every one of the twenty. | ditional cause of complaint, in Tennessee, now exists; four distinct, sovereign states, all differing in their codes, that, at the last session of Congress, the time of holding so as to be competent to determine, with ability and sa- the Circuit Court of the United States for the district of tisfaction, the causes dependent on those codes. To Ohio, was made the same as that of its session in Nast. acquire an adequate knowledge of the state laws, the ville. How this happened, we are unable to say-proJudge must devote much of his time to their study; he bably froin mistake; it will not, we hope, be imputed must be acquainted with the country and its citizens ;Ito a wish, on the part of the members of Congress from

18th CONGRESS, 1

{ Memorial of the Nashville Bar.-Convention with Russia. (Sen.& H. of R.

Memorial of the Nashville 2d Session. Ś

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 into two districts, wholly unconnected 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 but 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 almest 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 wecks; 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 Su. business 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 1894, 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- FELIX GRUNDY, Secretary. tinued for the want of a competent court, at others be. cause 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 States, 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

United States and the Emperor of Russia. Jandistance from wbich witnesses are summoned, are taken into 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; wbich 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 ob

Whereas a Convention between the United States of jection which has been urged against this plan, that ten

America and His Majesty the Emperor of all the Russias, will be too great a number of Judges for the Supreme Court of the United States. In England, no practical in

was concluded and signed at St. Petersburg, on the

5th (17th day of April, in the year of our Lord one thoua convenience is found from having twelve, or, in truth,

sand eight hundred and twenty-four; which Convention, including the Lord Chancellor, thirteen Judges for the 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, iipon ques. His Majesty the Emperor of all the Russias, wisning tions of great importance, an equal division of opinions to cemetit the bonds of amity which unite them, and should exist, in all probability, it would be better 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, HENRY MIDDLETON, 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 his Imperial Majesty; and His Ma. rather add to, this difficulty. Why is not the business jesty the Emperor of all the Russias, his veloved and BOW transacted? Becalise the Judges are compelled to faithful CIALES Rorear Count of NESSELRODE, actual

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Privy Counsellor, Member of the Council of State, Seul 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, with Affairs, actual Chamberlain, Knight of the order of St. the advice and consent of the Senate, on the une part, Alexander Nevsky, Grand Cross of the order of St. Wla and on the other by His Majesty the Emperor of all the dirir 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 Hunoton in the space of ten months from the date below, or gary, Knight of the orders of the Holy Ghost and of St. sooner, if possible. In faith wbereof 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 hundred and twentyof 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

L COMTE C. DE NESSELKODE. of Baden, and of St. Constantine of Parma; and PIERRE

PIERRE DE POLETICA, de Politica, actual Counsellor of State, Knight of the order of St. Anne of the first class, and Grand Cross of

And whereas the said Convention has been duly rati.

|fied on both parts, and the respective ratifications of the the order of St. Wladimir of the second ; who, after hav.

* same were exchanged at Washington, on the eleventh ing exchanged their full powers, found in good and due

day of the present month, by Joan Quincy Adams, Seform, have agreed upon, and signed, the following stipu.

"8 supus cretary of State of the United States, and the Baron de lations :

TUYLL, Envoy Extraordinary and Minister PlenipotenArticle 1st.-It is agreed, that, in any part of the Liary of bis Imperial Majesty, on the part of their reGreat Oceau, 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 said 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 article 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 seal 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 thoupowers, from becoming the pretext for an illicit trade, it (L. 9.] 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 hiussia

By the President : shall not resort, without permission, to any establishment

John Quincy Adams, of the United States upon the Northwest Coast.

Secretary of State. Article 3d. It is moreover agreed, that, hereafter, there shall not be formed by the citizens of the United · States, or under the authority of the said States, any es.

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,) between the United the same manner, there shall be pone formed by Russian subjects, or under the authority of Russia, south of the

States and the kingdom of the Netherlands. 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, l of the House of Representatives, of the 21st of January may reciprocally frequent, without any hindrance what- last, directing him to communicate to that House any ever, the interior seas, gults, barbors, and creeks, upon 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 l 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 ves:els 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 subiect. natives, by their respective citizens and subjects, nor by

Respectfully submitted, any person who may be under their authority. It is

JOHN 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. Everett, to Mr. merchandise, or, in fine, any measure of constraint what.

Adams, dated ever, towards the merchants or the crews who may carry

BRUSSELS, 17th March, 1823. on this commerce ; the high contracting Powers recipro “I have the bonor 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 differ. tive citizens or subjects.

lence in the duties imposed upon goods imported in

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national and foreign vessels, is merely an acknowledg. 10 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 this country, it is perhaps hardly Netherlands. to be expected that the exception which I have sug- 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 definitive 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 preof this year, upon the importation of coffee from Bata- / vailed, in the intercourse between the two via, which is to be in force until the end of 1824.” was regarded as mutually beneficial, and 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. ochy 1992 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 duty 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. Everelt to Mia of the United States, by the law of the 20th of April,

Adams, dated 1818, extended to the ships of the Netherlands, ar. riving in the ports of the Republic, nearly the same

Brussels, June 1, 1823. privileges that are enjoyed by our own. They pay the “I transmit, here with, 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 provingrowtb 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 discrim. eager to lay before the King the note which Mr. Everett, inating duties in force. If any change were to take pl cel

Charge d'Affaires of the United States of America, sent in the laws of this kingdom, in either of these respects, i him, of the 7th of this mo

him, of the 7th of this month, has the honor of informing the natural consequence would be a corresponding him, that the observations which it contains on the new change in those of the United States.

system of imposts of the kingdom of the Netherlands, as, 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 tariff 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 exportation, of

A. W. C. de NAGELL all goods, shall be returned when the same are imported, or Brussels, 10th March, 1823. erported in Dutch vessels, excepting those articles, of which the importation and exportation in Dutch vessels, are

Baron de Nagell to Mr. Everett. otherwise specifically favored 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 in 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, to 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 to direct its future conduct. was established in favor of goods imported in Dutch The King bas 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 otber The 10th article of the law which precedes the new principle than that of reciprocity. It would not suit, tariff 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, 1818, all difference of resolved to abandon the equalizing system, which led treatment between the ships of the Netherlands and

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