known to Mr. Everett the nature of the instructions given to the British cruisers. These are such as, if faithfully observed, would enable the British Government to approximate the standard of a fair indemnity. That Government has in several cases fulfilled her promises in this particular by making adequate reparation for damage done to our commerce. It seems obvious to remark that a right which is only to be exercised under such restrictions and precautions and risk, in case of any assignable damage to be followed by the consequences of a trespass, can scarcely be considered anything more than a privilege asked for and either conceded or withheld on the usual principles of international comity.

The principles laid down in Lord Aberdeen's dispatches and the assurances of indemnity therein held out, although the utmost reliance was placed on the good faith of the British Government, were not regarded by the Executive as a sufficient security against the abuses which Lord Aberdeen admitted might arise in even the most cautious and moderate exercise of their new maritime police, and therefore in my message at the opening of the last session I set forth the views entertained by the Executive on this subject, and substantially affirmed both our inclination and ability to enforce our own laws, protect our flag from abuse, and acquit ourselves of all our duties and obligations on the high seas. In view of these assertions the treaty of Washington was negotiated, and upon consultation with the British negotiator as to the quantum of force necessary to be employed in order to attain these objects, the result to which the most deliberate estimate led was embodied in the eighth article of the treaty.

Such were my views at the time of negotiating that treaty, and such, in my opinion, is its plain and fair interpretation. I regarded the eighth article as removing all possible pretext on the ground of mere necessity to visit and detain our ships upon the African coast because of any alleged abuse of our flag by slave traders of other nations. taken upon ourselves the burden of preventing any such abuse by stipulating to furnish an armed force regarded by both the high contracting parties as sufficient to accomplish that object.

Denying as we did and do all color of right to exercise any such general police over the flags of independent nations, we did not demand of Great Britain any formal renunciation of her pretension; still less had we the idea of yielding anything ourselves in that respect. We chose to make a practical settlement of the question. This we owed to what we had already done upon this subject. The honor of the country called for it: the honor of its flag demanded that it should not be used by others to cover an iniquitous traffic. This Government, I am very sure, has both the inclination and the ability to do this; and if need be it will not content itself with a fleet of eighty guns, but sooner than any foreign government shall exercise the province of executing its laws and fulfilling its obligations, the highest of which is to protect its flag alike from abuse

or insult, it would, I doubt not, put in requisition for that purpose its whole naval power. The purpose of this Government is faithfully to fulfill the treaty on its part, and it will not permit itself to doubt that Great Britain will comply with it on hers. In this way peace will best be preserved and the most amicable relations maintained between the two countries.

To the House of Representatives:

JOHN TYLER.

WASHINGTON, February 27, 1842.

I transmit to Congress sundry letters which have passed between the Department of State and the Chevalier d'Argaïz, envoy extraordinary and minister plenipotentiary of Spain near the Government of the United States, on the subject of the schooner Amistad since the last communication of papers connected with that case. This correspondence will show the general grounds on which the Spanish minister expresses dissatisfaction with the decision of the Supreme Court in that case and the answers which have been made to his complaints by the Department of State.

In laying these papers before Congress I think it proper to observe that the allowance of salvage on the cargo does not appear to have been a subject of discussion in the Supreme Court. Salvage had been denied in the court below and from that part of the decree no appeal had been claimed.

The ninth article of the treaty between the United States and Spain provides that "all ships and merchandise of what nature soever which shall be rescued out of the hands of any pirates or robbers on the high seas shall be brought into some port of either State and shall be delivered to the custody of the officers of that port in order to be taken care of and restored entire to the true proprietor as soon as due and sufficient proof shall be made concerning the property thereof." The case of the Amistad, as was decided by the court, was not a case of piracy, and therefore not within the terms of the treaty; yet it was a case in which the authority of the master, officers, and crew of the vessel had been divested by force, and in that condition the vessel, having been found on the coast, was brought into a port of the United States; and it may deserve consideration that the salvors in this case were the officers and seamen of a public ship.

It is left to Congress to consider, under these circumstances, whether, although in strictness salvage may have been lawfully due, it might not yet be wise to make provision to refund it, as a proof of the entire good faith of the Government and of its disposition to fulfill all its treaty stipulations to their full extent under a fair and liberal construction.

JOHN TYLER.

To the Senate of the United States:

WASHINGTON, February 28, 1843.

I transmit to the Senate, for its consideration with a view to ratification, a convention further to provide for the payment of awards in favor of claimants under the convention between the United States and the Mexican Republic of the 11th of April, 1839, signed in the City of Mexico on the 30th day of last month. A copy of the instructions from the Department of State to the minister of the United States at Mexico relative to the convention and of the dispatches of that minister to the Department is also communicated. By adverting to the signatures appended to the original draft of the convention as transmitted from the Department of State to General Thompson it will be seen that the convention as concluded was substantially approved by the representatives of a large majority in value of the parties immediately interested.

To the House of Representatives:

JOHN TYLER.

WASHINGTON, February 28, 1843.

I communicate to the House of Representatives a report from the Secretary of State, which, with the documents* accompanying it, furnishes the information requested by their resolution of the 18th instant.

To the Senate of the United States:

JOHN TYLER.

WASHINGTON, March 3, 1843.

In submitting the name of Henry A. Wise to the Senate for the mission to France, I was led to do so by considerations of his high talent, his exalted character, and great moral worth. The country, I feel assured, would be represented at Paris in the person of Mr. Wise by one wholly unsurpassed in exalted patriotism and well fitted to be the representative of his country abroad. His rejection by the Senate has caused me to reconsider his qualifications, and I see no cause to doubt that he is eminently qualified for the station. I feel it, therefore, to be my duty to renominate him.

I nominate Henry A. Wise, of Virginia, to be envoy extraordinary and minister plenipotentiary to the Court of His Majesty the King of the French, in place of Lewis Cass, resigned.

To the Senate of the United States:

JOHN TYLER.

MARCH 3, 1843.

In submitting to you the name of Caleb Cushing as Secretary of the Treasury, I did so in full view of his consummate abilities, his unquestioned patriotism and full capacity to discharge with honor to himself

Correspondence between the representatives of foreign governments and the United States relative to the operation of the tariff laws on treaties existing with foreign governments

and advantage to the country the high and important duties appertaining to that Department of the Government. The respect which I have for the wisdom of the Senate has caused me again, since his rejection, to reconsider his merits and his qualifications. That review has satisfied me that I could not have a more able adviser in the administration of public affairs or the country a more faithful officer. I feel it, therefore, to be my duty to renominate him.

I nominate Caleb Cushing to be Secretary of the Treasury, in the place of Walter Forward, resigned,

JOHN TYLER.

WASHINGTON, March 3, 1843.

To the House of Representatives of the United States:

I herewith transmit to the House of Representatives copies of the final report and appendices of the joint commission appointed to explore and survey the boundary line between the States of Maine and New Hampshire and the adjoining British Provinces, together with a general map showing the results of their labors.

JOHN TYLER.

Report of the commissioners appointed by the President of the United States for the purpose of exploring and surveying the boundary line between the States of Maine and New Hampshire and the British Provinces.*

Hon. DANIEL WEBSTER,

Secretary of State.

WASHINGTON, January 27, 1843.

SIR: The operations of the divisions under the direction of the several commissioners during the past season have been as follows, viz:

I.

this survey useful as evidence in case of a further discussion of the subject of boundary were not completed. The expedition has, however, obtained for its results an accurate survey of the Green River of St. John from its mouth to the portage between it and the South Branch of the Katawamkedgwick, a survey of that portage, and a careful chain and compass survey of the highlands surrounding the sources of Rimouski. The first of these is connected with the survey of the river St. John made by Major Graham; the last was united at its two extremities with stations of the survey of 1841. Throughout the whole of the surveys the latitudes were carefully determined, by the methods employed during the former years, at a sufficient number of points. The longitudes have been estimated by the use of chronometers, but the sudden recall of the party left the latter part of the task incomplete. Any defect arising from the latter cause may be considered as in a great degree compensated by the connections referred to with the work of Major Graham and the surveys of the previous years.

The party left Portland to take the field on the 18th June, and reached the Grand Falls of the St. John on its return on the 25th August.

The surplus stores, with the boats and camp equipage, were stored there, and were afterwards transferred to the parties of the two other commissioners.

A map of the operations of this division was placed on file in the State Department on the 27th December.

The distance surveyed along Green River from its mouth to the portage is 57 miles, the length of the portage 51⁄2 miles, the distance measured in exploration of the remaining portion of the boundary claimed by the United States 611⁄2 miles, making in all 124 miles.

II.

The parties under the direction of A. Talcott entered upon their field duties about the middle of September, and completed that branch of the service by the 5th of November.

During that period the following rivers and streams were surveyed:

1. The "main St. John River" from the mouth of the "Alleguash" to the Forks. 2. The "Southwest Branch" to its source at the Metjarmette portage.

3. The "South Branch," or "Wool-as-ta-qua-guam," to 5 miles above Bakers Lake and near to the exploring line of 1841 along the highlands claimed by Great Britain.

4. The "West Branch," or "Mat-ta-wa-quam," to its source in the highlands.

5. The "Northwest Branch" to its source in the highlands.

6. The "Big Black River," or "Chim-pas-a-ooc-ten," to its source.

7. The "Little Black River," or "Pas-a-ooc-ten."

8. The "Chim-mem-ti-cook River" as far as navigable.

The character of all these streams is the same-slack water of moderate depth alternating with rapids. They can never be navigated by anything larger than a bateau.

The method of survey was to trace the course of each stream by compass, estimating distances by the eye, or by pacing when the nature of the margin of the river would permit.

The average distance coursed per day was about 9 miles, and at the camps formed at night astronomical observations north and south of the zenith were made to determine their position in latitude, and observations for the local time to ascertain their differences of longitude.

Meridian observations of the sun were also made at a point intermediate to the camps whenever they could be obtained.

Thirty-three of these points have been used in the correction of the paced and estimated distances.