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transmitted by Governor Smith to the Legislature, informing that body of the advice of the agent, and stating his belief, that an adequate compensation would be made by the United States for the loss of territory. As this belief was founded upon a secret arrange ment between the agent and some members of the federal government, the terms were not communicated to the legislature; but enough was stated to leading members of the administration party, to secure the assent of the State Senate to resolutions in favor of a treaty between the State and the United States, in relation to the cession. This treaty, however, was not to be binding upon the State, until it had been formally ratified by the legislature; and the resolutions were directed to be sent to the governor of Massachusetts, in order that measures might be taken by that State for the protection of her interests in the ceded territory.

The Senate passed these resolutions without much opposition, but in the House more light was required upon the agreement with the federal government.

In answer to this requisition, the governor laid before the legislation all the official letters of the agent, except one letter marked private and confidential, and containing the substance of the proposed arrangement, which he declined to lay before that body; and instead thereof he informed the House, that it was in the hands of the chairman of the committee to be used by him according to his discretion. This extraordinary mode of transacting public business, by confining all

knowledge of the terms of an arrangement affecting the interests of the whole State to the dominant party, appeared so opposed to the principles of a free and constitutional government, that it provoked severe animadversions from the periodical press. The public mind however was now too much under the influence of party feeling, to be affected by any appeals to reason, and the resolutions were passed by a majority of the House, 80 yeas, 69 nays.

When these proceedings were communicated to the governor of Massachusetts, he requested the governor of Maine to furnish for the information of the government of Massachusetts, copies of the correspondence, in relation to the disputed territory.

This request was not complied with, on the ground that most of that correspondence was private and confidential, which he was not authorized to make public.

The course of the government of Maine was not well calculated to ensure the confidence of her sister state, and nothing was done by the latter to sanction an arrangement, the terms of which they were not permitted to know.

In the Senate of the United States, the executive met with even less success in seeking to avoid the responsibility of deciding upon the validity of the award. Shortly after the opening of Congress, he transmitted the award and accompanying documents to the Senate with a message, stating that the British government had demanded the execution of the award, and requesting the advice of that body.

Mr Sprague of Maine, when the

subject came under consideration, (January 24, 1832) offered resolutions denying the power of the general government to cede any portion of the territory of a State without the consent of that State; and asserting that in establishing the exterior limits of the United States, it could only establish the true boundary as described in the treaty of 1793; that the arbiter had in effect undertaken to decide a question never submitted to him; and that his award being beyond the submission was not binding upon the United States. President was accordingly advised to commence a new negotiation with the British government, to establish the true boundary according to the treaty of 1783.

The

These resolutions were referred to the committee on foreign relations and on the 21st of March Mr Tazewell brought in a report from that committee advising the President to inform the King of the Netherlands, that the Uni

ted States assent to the award and consent to its execution.

This resolution was stricken out, yeas 35, nays 8, and in its stead Mr Mangum proposed to advise the President to inform the arbiter, that the United States decline to adopt the boundary proposed.

It was then moved by Mr Ewing, to substitute a resolution, that the Senate do not advise a submission to the award or consent to its execution. This amendment was negatived, yeas 20 nays 23.

Mr Mangum's resolution after an amendment substituting 'the British Government,' instead of arbiter' was rejected, yeas 14 nays 30.

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The Senate finally by a vote of 23 yeas to 22 nays, advised the president to open a new negotiation for the adjustment of the boundary, and the matter remained unadjusted at the close of the period, about which we are treating.

CHAPTER II.

Falkland Islands: - Grant to Governor Vernet-Capture of American Sealers-Lexington sent for their Protection- Settlement at Falkland Islands broken up Piratica! attack of Malays on Ship Friendship Frigate Potomac despatched to punish them— Town and Forts destroyed Claims upon Naples - An Envoy appointed to demand satisfaction - Demonstration of Naval Force-Claims adjusted by Treaty.-Negotiation with MexicoTreaty concerning Limits-Treaty of Commerce and Navigation.

THE management of the relations between the United States and other powers did not manifest the same want of character and capacity, that characterized the negotiations with the British government.

Towards all other nations the tone of the government was moderate but firm, and the honor and interest of the country were maintained in a manner indicative both of spirit and ability. Among the questions, that arose during the year was one relating to the Falkland Islands, so often the fruitful source of controversy between civilized nations.

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between the United States and Buenos Ayres.

Lying amid the stormy seas surrounding Cape Horn, and almost within the antartic circle, they had been long deserted by man, and afforded only a shelter to the seals, which were there found in great abundance. In the adventurous voyages of the fishermen of the eastern states, who left no sea unvexed with their enterprise, these islands consequently had not been overlooked. The number of vessels resorting there, induced the government of Buenos Ayres to suppose the islands to be valuable as possessions; and in 1829 measures were taken, upon the application of a foreigner by the name of Don Louis Vernet, to assert its title. A lease was given to him of the exclusive right of fishing at those islands and the coast adjacent to Cape Horn, and he was at the same time appointed Governor of Falkland Islands.

After various attempts to induce the sealers to take out licenses to fish under his authority, he began to enforce his monopoly by capturing three American vessels, taking care however not to molest the English vessels, that were on the same fishing ground. It is well known to all familiar with the history of the last century, that the title of Spain to these islands has always been disputed. After the controversy between England and Spain had been adjusted, by putting the former in possession, the British government deliberately abandoned them in 1774, leaving there the usual emblems of sovereignty.

In this deserted condition they remained, the fishery being open to the whole world; until Buenos Ayres lately undertook to claim possession as succeeding to the title of Spain. How that republic entitled itself to that prerogative of the Spanish crown and became as it were its residuary legatee instead of Chili, Paraguay, Colombia or the Banda Oriental, it would be difficult to tell; and even if it were so, less of arrogance would have been more becoming in asserting a claim, which had been once before successfully resisted by England, and which had not been subsequently strengthened by the complete abandonment of the islands by all parties, until the enterprise of our citizens had shown that even the ultima thule of the Southern Ocean could be made to minister to the wants of the human race. Moderation did not however suit Don L. Vernet, who was governed solely by a spirit of cupidity, and who thought the federal

government of 1830, would submit as tamely to depredations and insults as that of 1806. He accordingly commenced asserting his title, by arresting the captains and boats' crews of the American fisherman while on shore, unsuspicious of danger, and then despatching an armed force to take possession of the vessels and bring them into port. One of these, the Superior, after taking out her cargo, he sent into the Pacific upon a sealing voyage; the Harriet was sent to Buenos Ayres for condemnation; and the third, the Breakwater, escaped from her captors and arrived in the United States.

These outrages were not suffered to pass unpunished. The President with a promptitude, which has always characterized his movements, whenever it was necessary to act in vindication of the rights of the nation against foreign aggression, immediately despatched a competent force to protect our sealers in the neighborhood of Cape Horn. Part of the crew of the Superior having been left on Staten Island, on a sealing expedition, and Governor Vernet having by the capture of their vessel deprived them of the means of departure, Captain Duncan sailed in the ship of war Lexington from Buenos Ayres for their relief.

On his arrival December (28th, 1831,) at the Falkland Islands, he took the necessary measures to break up the establishment of Governor Vernet by spiking the cannon; depriving those who were concerned in the capture of the sealers of their arms; restoring the captured property to its

owners; and transporting seven of the most prominent actors to Buenos Ayres for trial.

The nuisance was thus promptly abated, and although the government of Buenos Ayres professed great indignation at the unceremonious manner, in which a settlement under the protection of its flag had been treated; a lesson (and not the first) had been afforded it of the danger of lending that flag, as a cover to acts too nearly bordering upon piracy, to be easily distinguished.

Chastisement equally prompt and signal was inflicted on the Malays of Quallah Battoo for a piratical attack on the ship Friendship of Salem. These tribes, who were always regarded as the pirates of the East, had frequently before captured American vessels, trading on that coast, by sudden attacks on the crews.

In this instance a large portion of the crew of the Friendship was massacred, and it was deemed necessary to punish the offenders in a summary manner.

The frigate Potomac, Captain Downes, was accordingly ordered to proceed to Sumatra for that purpose, with the second mate of the Friendship on board to point out the offending tribe.

She arrived there the 5th of February, 1832, and being disguised as a merchant vessel, a boat was sent off as if for the purpose of trading with the Malays. Such strong indications of hostility were manifested, that it was not deemed prudent to land, and after observing the situation of the harbor, forts, and town, they returned to the ship.

The next morning at an early hour, a detachment of two hundred and sixty men were despatched under Lieutenant Shubrick, to storm the forts, which were five in number. They landed undiscovered, and dividing their forces, they proceeded to attack the town. Upon approaching the gate of the northernmost fort, the sailors were fired upon, but they tore down the palisades, and soon drove the Malays from the fort, leaving twelve dead upon the spot among whom was (Poona Mahamet) one of the rajahs engaged in the capture of the Friendship. The other forts were carried in the same manner, after a short resistance by the Malays, of whom between eighty and one hundred were killed, and a larger number wounded. The town was then fired and the forts destroyed. The contest lasted nearly three hours, and the loss of the Americans was three killed and ten wounded.

This chastisement left a salutary impression on the minds of these piratical tribes, and the neighboring rajahs sent deputations to Captain Downes assuring him of their friendly disposition towards the United States, and expressing their desire to obtain the friendship of the Americans.

Similar success attended the efforts of the executive to obtain redress from the government of Naples, for the sequestration and plunder of American property during the ephemeral reign of Joachim Murat. These claims arose from the seizure between the years 1809 and 1812, of several vessels with their cargoes, all

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