lesdits articles pourraient rendre nécesaires, soit avec les agnats ci-dessus nommés de la maison de Nassau, soit avec la confédération Germanique.

Art. 6. Moyennant les arrangemens territoriaux ci-dessus, chacune des deux parties renonce réciproquement pour jamais, à toute prétention sur les territoires, villes, places et lieux situés dans les limites des possessions de l'autre partie, telles qu'elles se trouvent décrites dans les articles 1, 2 et 4.

Lesdites limites seront tracées conformément à ces mêmes articles par des commissaires-démarcateurs Belges et Hollandais qui se réuniront le plus tot possible en la ville de Maestricht.

Art. 7. La Belgique dans les limites indiquées aux articles 1, 2 et 4 formera un état indépendant et perpétuellement neutre. Elle sera tenue d'observer cette même neutralité envers tous les autres états.

Art. 8. L'écoulement des eaux des Flandres sera réglé entre la Hollande et la Belgique d'après les stipulations arrêtées à cet égard dans l'art. 6 du traité définitif conclu entre S M. l'empereur d'Allemagne et les Etats-Généraux, le 8 novembre, 1785, et conformément audit article, des commissaires nommés de part et d'autre s'entendront sur l'application des dispositions qu'il consacre.

Art. 26. A la suite des stipulations du présent traité il y aura paix et amitié entre S.M. le roi des Belges d'une part, et leurs majestés l'empereur d'Autriche, le roi des Français, le roi du royaume-uni de le Grande-Bretagne et d'Irlande, le roi de Prusse et l'empe rear de toutes les Russies de l'autre part, leurs héritiers et successcurs, leurs états et sujets respectifs, à perpétuité.

Art. 27. Le présent traité sera ratifié et les ratifications en seront échangées à Londres, dans le terme de deux mois, ou plus tôt si faire se peut.

En foi de quoi les plénipotentiares respectifs l'ont signé et y ont apposé le cachet de leurs armes.

Fait à Londres, le quinze de novembre, l'an de grace mil huit cent trente et un. S. VAN DE WEYER, ESTERHAZY, WESSENBERG, TALLEYRAND, PALMERSTON,

BULOW,

LIEVEN,

MATUSZE WIG.

183. Agency for recaptured Africans, and the Colony at Liberia.

The Act of Congress of March 3, 1819, entitled "An Act in addition to the acts, prohibiting the slave trade,' (3d vol. Story's edit. U. S. p. 1752;) after empowering the President to employ the armed vessels of the United States to enforce former acts prohibiting the slave trade, and providing for the disposition of vessels offending against them, and of the negroes, &c. found on board, enacts, in the second section : Sec. 2. That the President of the United States be, and he is hereby, authorized to make such regulations and arrangements as he may deem expedient, for the safe keeping, support, and removal beyond the limits of the United States, of all such negroes, mulattees, or persons of color, as may be so delivered and brought within their jurisdiction; and appoint a proper person or persons, residing upon the coast of Africa, as agent or agents for receiving the negroes, mulattoes, or persons of color, delivered from on board vessels, seized in the prosecution of the slave trade, by commanders of the United States' armed vessels.

[When this law was passed, and for several years before, the American Colonization Society, had an agent residing in their colony at Liberia. This officer has since the passage of the law been charged by the Government of the United States with the duties specified in the last clause of the section just cited; for the performance of which he receives an annual salary of sixteen hundred dollars, payable out of the Treasury of the United States.]

184. Opinion of the Attorney-General of the United States, as to the Powers of the Agency on the Coast of Africa, addressed to the Secretary of the Navy. Sir In reply to your communication of Saturday, I have to state, that I am not aware of the existence of any act of Congress which authorizes the agent of the U. States, residing at Liberia, on the coast of Africa, to purchase arms for the defence of the negroes, &c. &c. received by him, in pursuance of the act of 3d. March, 1819, nor do I think that purchases can be justified, by any fair construction of that act.

I do not enter into the consideration of the very grave and interesting question

which might arise from the exercise of such a power, but confine my view to the provisions of the act. It has two objects:

First, To provide for the safe-keeping and support, within the United States, and for the removal beyond its limits of all negroes, &c. brought within its jurisdiction, under the provisions of the act.

Second, To authorize the appointment of an agent to receive the negroes, &c. &c. who may be delivered from on board vessels seized in the prosecution of the slave trade, &c. &c.

No provision is made for the support and keeping of these negroes beyond the limits of the United States, except by necessary implication, during their transit there from, and up to the time of their delivery to the agent of the United States, and of such of them as may be taken from on board vessels seized, &c. &c.

When that delivery takes place, the purpose of the law is accomplished. The agent is functus officio, and his authority, so far as it may rest upon this law, is at an end. I am, &c. JN: MACPHERSON BERRIEN.

185.

Washington, 21 September, 1829.

China-Criminal Laws; and Proclamation, concerning the Visit of the United States' Ship Vincennes.

A Translation of Extracts from the Chinese Code of Laws:

Transmitted to the president of the select committee, by the viceroy of Canton, in April, 1800. 1. A man who kills another on the suspicion of theft, shall be strangled according to the law against homicide committed in an affray.

2. A man who fires at another with a musket, and kills him thereby, shall be beheaded, as in case of wilful murder: if the sufferer is wounded, but not mortally, the offender shall be sent into exile.

3. A man who puts to death a criminal who had been apprehended and made no resistance, shall be strangled according to the law against homicide committed in an affray.

4. A man who falsely accuses an innocent person of theft, in cases of greatest criminality, is guilty of a capital offence; in all other cases, the offenders, whether principals or accessories, shall be sent into exile.

5. A man who wounds another unintentionally, shall be tried according to the law respecting blows given in an affray, and the punishment rendered more or less severe, according to the degree of injury sustained.

6. A man who, intoxicated with liquor, commits outrage against the laws, shall be exiled to a desert country, there to remain in a state of servitude.

The foregoing are articles of the laws of the empire of China, according to which judgment is passed on persons offending against them, without allowing of any compromise or extenuation. Government Edict, concerning the United States' Ship Vincennes:

Kwo--acting Keun-Min Foo, &c. hereby strictly prohibits compradors from clandestinely carrying provisions. The pilots have reported that on the 9th day of the 12th month of the present year, Peen-cheFinch's American cruizer, having met with strong and adverse winds, anchored in the offing at the Nine Islands, waiting for a fair wind to enable her to set sail, and go away, etc.

At that time I made a general report according to the facts, and sent despatches to civil and military officers, to guard and keep a strict watch, and to urge her to make haste and set sail, not permitting her to linger about and create disturbances. This is on record.

It appears that when the said nation's cruizers came to Canton, not being for the purpose of giving convoy to their merchant ships, heretofore the officers of government have not permitted them to have compradors.

Being really apprehensive that traitorous and designing natives will clandestinely afford supplies, and that Whampoa compradors, making a pretext of having licenses, and aiming at gain, will pretend to carry provisions to English, American, and ships of other foreign nations, and secretly deliver them to the cruizer, or that fishing and tanka boats, carrying provisions and other things, will go alongside and keep up their supplies, by which a heavy offence will be incurred; it is proper to issue a strictly prohibitory proclamation:

I, therefore, proclaim to the military and the people, to the fishermen, and those in tanka boats, as well as to the Whampoa compradors, etc. for their full information, that if any designing natives, coveting gain, clandestinely carry provisions to the American nation's cruizer, or make a false pretext of loading provisions for delivery to the ships of other nations, and go to the American to keep up her supplies, immediately on apprehension, they will decidedly be severely punished. I will maintain the laws immoveable as a mountain. Positively no indulgence will be shewn.Let every one implicitly obey. Do not oppose. 9th year, 12th month, 16th day (10th January, 1830.) A special proclamation.

TAOU KWANG.

186. To complete the view of our Foreign Relations to the present time, the subjoined passages, from the Annual Executive Message to Congress, of the 3d of December, 1833, form an official Exposé of the state of our Affairs with Foreign Nations:

GREAT BRITAIN." The interesting question of our Northeastern boundary (1) remains still undecided. A negotiation, however, upon that subject, has been renewed since the close of the last Congress, and a proposition has been submitted to the British Government, with the view of establishing, in conformity with the resolution of the Senate, the line designated by the treaty of 1783. Though no definitive answer has been received, it may be daily looked for, and I entertain a hope that the overture may ultimately lead to a satisfactory adjustment of this important matter.

"I have the satisfaction to inform you that a negotiation which, by desire of the House of Representatives, was opened, some years ago, with the British Government for the erection of light-houses on the Bahamas, has been successful. Those works, when completed, together with those which the United States have constructed on the western side of the Gulf of Florida, will contribute essentially to the safety of navigation in that sea. This joint participation in establishments, interesting to humanity, and beneficial to commerce, is worthy of two enlightened nations, and indicates feelings which cannot fail to have a happy influence upon their political relations. It is gratifying to the friends of both, to perceive that the intercourse between the two people is becoming daily more extensive, and that sentiments of mutual good, will have grown up, befitting their common origin, justifying the hope, that, by wise counsels on each side, not only unsettled questions may be satisfactorily terminated, but new causes of misunderstanding prevented.

FRANCE." Notwithstanding that I continue to receive most amicable assurances from the Government of France, and that in all other respects the most friendly relations exist between the United States and that Government, it is to be regretted that the stipulations of the convention concluded on the 4th of July, 1831, (2) remain, in some important parts, unfulfilled.

"By the second article of that convention, it was stipulated that the sum payable to the United States should be paid at Paris, in six annual instalments, into the hands of such person or persons as should be authorized by the Government of the United States to receive it; and by the same article, the first instalment was payable on the second day of February, 1833. By the act of Congress, of the 13th July, 1832, it was made the duty of the Secretary of the Treasury to cause the several instalments, with the interest thereon, to be received from the French Government, and transferred to the United States, in such manner as he may deem best; and by the same act of Congress, the stipulations on the part of the United States, in the convention, were, in all respects, fulfilled. Not doubting, that a treaty thus made and ratified by the two Governments, and faithfully executed by the United States, would be promptly complied with by the other party, and desiring to avoid the risk and expense of intermediate agencies, the Secretary of the Treasury deemed it advisable to receive and transfer the first instalment by means of a draft upon the French Minis (1) See Vol. 2, page 573.

(2) See Vol. 1, page 524, and Vol. 2, page 133, and head 125, French Claims, p. 595.

ter of Finance. A draft for this purpose was accordingly drawn in favor of the Cashier of the Bank of the United States, for the amount accruing to the United States out of the first instalment, and the interest payable with it. This bill was not drawn at Washington until five days after the instalment was payable at Paris, and was accompanied by a special authority from the President, authorising the Cashier, or his assigns, to receive the amount. The mode thus adopted of receiving the instalment, was officially made known to the French Government by the American Chargé d'Affaires at Paris, pursuant to instructions from the Department of State. The bill, however, though not presented for payment, until the 23d day of March, was not paid, and for the reason assigned by the French Minister of Finance, that no appropriation had been made by the French Chambers. It is not known to me that, up tɔ that period, any appropriation had been required of the Chambers; and although a communication was subsequently made to the Chambers by direction of the King, recommending that the necessary provision should be made for carrying the convention into effect, it was at an advanced period of the session, and the subject was finally postponed until the next meeting of the Chambers.

"Notwithstanding it has been supposed by the French ministry that the financial stipulations of the treaty cannot be carried into effect without an appropriation by the Chambers, it appears to me to be not only consistent with the character of France, but due to the character of both governments, as well as to the rights of our citizens, to treat the convention, made and ratified in proper form, as pledging the good faith of the French Government for its execution, and as imposing upon each department an obligation to fulfil it; and I have received assurances through our Chargé d'Affaires at Paris, and the French Minister Plenipotentiary at Washington, and more recently through the minister of the United States at Paris, that the delay has not proceeded from any indisposition on the part of the King and his ministers to fulfil the treaty, and that measures will be presented at the next meeting of the Chambers, and with a reasonable hope of success, to obtain the necessary appropriation.

"It is necessary to state, however, that the documents, except certain lists of vessels captured, condemned, or burnt at sea, proper to facilitate the examination and liquidation of the reclamations comprised in the stipulations of the convention, and which, by the sixth article, France engaged to communicate to the United States by the intermediary of the Legation, though repeatedly applied for by the American Chargé d'Affaires, under instructions from this Government, have not yet been communicated; and this delay, it is apprehended, will necessarily prevent the completion of the duties assigned to the commissioners within the time at present prescribed by law.

"The reasons for delaying to communicate these documents have not been explicitly stated, and this is the more to be regretted, as it is not understood that the interposition of the Chambers is in any manner required for the delivery of those papers.

"Under these circumstances, in a case so important to the interests of our citizens and to the character of our country, and under disappointments so unexpected, I deem it my duty, however I might respect the general assurances to which I have adverted, no longer to delay the appointment of a Minister Plenipotentiary to Paris, but to despatch him in season to communicate the result of his application to the

French Government at an early period of your session. I accordingly appointed a distinguished citizen for this purpose, who proceeded on his mission in August last, and was presented to the King early in the month of October. He is particularly instructed as to all matters connected with the present posture of affairs; and I indulge the hope that, with the representations he is instructed to make, and from the disposition manifested by the King and his ministers, in their recent assurances to our minister at Paris, the subject will be early considered and satisfactorily disposed of at the next meeting of the Chambers.

"As this subject involves important interests, and has attracted a considerable share of the public attention, I have deemed it proper to make this explicit statement of its actual condition; and should I be disappointed in the hope now entertained, the subject will be again brought to the notice of Congress in such a manner as the occasion may require.

RUSSIA. The friendly relations which have always been manifested between the United States and Russia, have been further extended and strengthened by the treaty of navigation and commerce, concluded on the 6th of December last, (3) and sanctioned by the Senate before the close of its last session. The ratifications hav

ing been since exchanged, the liberal provisions of the treaty are now in full force; and, under the encouragement which they have received, a flourishing and increasing commerce, yielding its benefits to the enterprise of both nations, affords to each the just recompense of wise measures, and adds new motives for that mutual friendship

which the two countries have hitherto cherished towards each other.

SPAIN.- "It affords me peculiar satisfaction to state that the Government of Spain has at length yielded to the justice of the claims which have been so long urged in behalf of our citizens, and has expressed a willingness to provide an indemnification as soon as the proper amount can be agreed upon. Upon this latter point, it is prob able an understanding had taken place between the minister of the United States and the Spanish Government before the decease of the late King of Spain; and, unless that event may have delayed its completion, there is reason to hope that it may be in my power to announce to you, early in your present session, the conclusion of a convention upon terms not less favorable than those entered into for similar objects with other nations. That act of justice would well accord with the character of Spain, and is due to the United States from their ancient friend. It could not fail to strengthen the sentiments of amity and good will between the two nations which it is so much the wish of the United States to cherish, and so truly the interest of both to maintain.

"By the first section of an act of Congress passed on the 13th July, 1832, the tonnage duty on Spanish ships arriving from the ports of Spain, (4) was lim ited to the duty payable on American vessels in the ports of Spain, previous to the 20th October, 1817, being five cents per ton. That act was intended to give effect, on our side, to an arrangement made with the Spanish Government, by which discriminating duties of tonnage were to be abolished in the ports of the United States and Spain, on the vessels of the two nations. Pursuant to that arrangement, which was carried into effect on the part of Spain, on the 20th of May, 1832, by a royal order dated the 29th April, 1832, American vessels in the ports of Spain have paid five (3) See Vol. 1, page 537.

See Vol. 1, page 139, and Supplement, Vol. 2, page 132.