Dessau and Anhalt-Bernbourg; promising that the stipulations of the Convention of the 13th of May, 1846, as well as the special provisions which are contained in the Protocol of the same date, shall be carried into execution by their respective Sovereigns in all points, with regard to the Governments of the Duchies of Anhalt and of their subjects, in the same manner as between the British and Prussian Governments and their subjects.

In witness whereof the respective Plenipotentiaries have signed the present Act, and have affixed the seal of their arms.

Done at Berlin, the Sth of February, 1853.

MESSAGE of the President of The United States, on the Opening of Congress.-Washington, December 5, 1853.

FELLOW CITIZENS OF THE SENATE, AND OF

THE HOUSE OF REPRESENTATIVES,

THE interest with which the people of the Republic anticipate the assembling of Congress, and the fulfilment, on that occasion, of the duty imposed upon a new President, is one of the best evidences of their capacity to realize the hopes of the founders of a political system, at once complex and symmetrical. While the different branches of the Government are, to a certain extent, independent of each other, the duties of all alike have direct reference to the source of power. Fortunately, under this system, no man is so high, and none so humble, in the scale of public station, as to escape from the scrutiny, or to be exempt from the responsibility, which all official functions imply.

Upon the justice and intelligence of the masses, in a Government thus organized, is the sole reliance of the confederacy, and the

only security for honest and earnest devotion to its interests, against the usurpations and encroachments of power on the one hand, and the assaults of personal ambition on the other.

The interest of which I have spoken is inseparable from an inquiring, self-governing community, but stimulated, doubtless, at the present time, by the unsettled condition of our relations with several foreign powers; by the new obligations resulting from a sudden extension of the field of enterprise; by the spirit with which that field has been entered, and the amazing energy with which its resources for meeting the demands of humanity have been developed.

Although disease, assuming at one time the characteristics of a wide-spread and devastating pestilence, has left its sad traces upon some portions of our country, we have still the most abundant cause for reverent thankfulness to God for an accumulation of signal mercies showered upon us as a nation. It is well that a consciousness of rapid advancement and increasing strength be habitually associated with an abiding sense of dependence upon Him who holds in his hands the destiny of men and of nations.

Recognising the wisdom of the broad principle of absolute religious toleration proclaimed in our fundamental law, and rejoicing in the benign influence which it has exerted upon our social and political condition, I should shrink from a clear duty, did I fail to express my deepest conviction that we can place no secure reliance upon any apparent progress, if it be not sustained by national integrity, resting upon the great truths affirmed and illustrated by divine revelation. In the midst of our sorrow for the afflicted and suffering, it has been consoling to see how promptly disaster made true neighbours of districts and cities separated widely from each other, and cheering to watch the strength of that common bond of brotherhood, which unites all hearts in all parts of this Union, when danger threatens from abroad, or calamity impends over us at home.

Our diplomatic relations with foreign powers have undergone no essential change since the adjournment of the last Congress. With some of them, questions of a disturbing character are still pending,. but there are good reasons to believe that these may all be amicably adjusted.

For some years past, Great Britain has so construed the first Article of the Convention of the 20th of October, 1818,* in regard to the fisheries on the north-eastern coast, as to exclude our citizens from some of the fishing grounds to which they freely resorted for nearly a quarter of a century subsequent to the date of that Treaty. The United States have never acquiesced in this construction, but have always claimed for their fishermen all the rights which they had so long enjoyed without molestation. With a view to remove

* Vol. VI. Page 3.

all difficulties on the subject, to extend the rights of our fishermen beyond the limits fixed by the Convention of 1818, and to regulate trade between The United States and the British North American provinces, a negotiation has been opened, with a fair prospect of a favourable result. To protect our fishermen in the enjoyment of their rights, and to prevent collision between them and British fishermen, I deemed it expedient to station a naval force in that quarter during the fishing season.

Embarrassing questions have also arisen between the 2 Governments in regard to Central America. Great Britain has proposed to settle them by an amicable arrangement, and our minister at London is instructed to enter into negotiations on that subject.

A commission for adjusting the claims of our citizens against Great Britain, and those of British subjects against The United States, organized under the Convention of the 8th of February last, is now sitting in London for the transaction of business.

It is in many respects desirable that the boundary line between The United States and the British provinces in the north-west, as designated in the Convention of the 15th of June, 1816, and especially that part which separates the territory of Washington from the British possessions on the north, should be traced and marked. I therefore present the subject to your notice.

With France our relations continue on the most friendly footing. The extensive commerce between The United States and that country might, it is conceived, be released from some unnecessary restrictions, to the mutual advantage of both parties. With a view to this object, some progress has been made in negotiating a Treaty of Commerce and Navigation.

Independently of our valuable trade with Spain, we have important political relations with her, growing out of our neighbourhood to the islands of Cuba and Porto Rico. I am happy to announce, that since the last Congress no attempts have been made by unauthorized expeditions within The United States, against either of those colonies. Should any movement be manifested within our limits, all the means at my command will be vigorously exerted to repress it. Several annoying occurrences have taken place at Havana, or in the vicinity of the island of Cuba, between our citizens and the Spanish authorities. Considering the proximity of that island to our shores,-lying, as it does, in the track of trade between some of our principal cities, and the suspicious vigilance with which foreign intercourse, particularly that with The United States, is there guarded, a repetition of such occurrences may well be apprehended. As no diplomatic intercourse is allowed between our Consul at Havana and the Captain-General of Cuba, ready explanations cannot be made, or prompt redress afforded, where

injury has resulted. All complaint on the part of our citizens, under the present arrangement, must be, in the first place, presented to this Government, and then referred to Spain. Spain. again refers it to her local authorities in Cuba for investigation, and postpones an answer till she has heard from those authorities. To avoid these irritating and vexatious delays, a proposition has been made to provide for a direct appeal for redress to the CaptainGeneral by our Consul, in behalf of our injured fellow-citizens. Hitherto the Government of Spain has declined to enter into any such arrangement. This course on her part is deeply regretted; for, without some arrangement of this kind, the good understanding between the 2 countries may be exposed to occasional interruption. Our Minister at Madrid is instructed to renew the proposition, and to press it again upon the consideration of Her Catholic Majesty's Government.

For several years Spain has been calling the attention of this Government to a claim for losses, by some of her subjects, in the case of the schooner Amistad. This claim is believed to rest on the obligations imposed by our existing Treaty with that country. Its justice was admitted, in our diplomatic correspondence with the Spanish Government, as early as March, 1847; and one of my predecessors, in his annual message of that year, recommended that provision should be made for its payment. In January last it was again submitted to Congress by the Executive. It has received a favourable consideration by committees of both branches, but as yet there has been no final action upon it. I conceive that good faith requires its prompt adjustment, and I present it to your early and favourable consideration.

Martin Koszta, a Hungarian by birth, came to this country in 1850, and declared his intention, in due form of law, to become a citizen of The United States. After remaining here nearly 2 years, he visited Turkey. While at Smyrna, he was forcibly seized, taken on board an Austrian brig-of-war, then lying in the harbour of that place, and there confined in irons, with the avowed design to take him into the the dominions of Austria. Our Consul at Smyrna and Legation at Constantinople interposed for his release, but their efforts were ineffectual. While thus imprisoned, Commander Ingraham, with The United States ship-of-war St. Louis, arrived at Smyrna, and, after inquiring into the circumstances of the case, came to the conclusion that Koszta was entitled to the protection of this Government, and took energetic and prompt measures for his release. Under an arrangement between the agents of The United States and of Austria, he was transferred to the custody of the French Consul-General, at Smyrna, there to remain until he should be disposed of by the mutual agreement of the Consuls of the respec