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the high and imperative duty has been de

volved upon the Executive to take care that The following being the first document there shall be no violation or infringement of which has emanated from our present Adminis- the laws of the United States, enacted extration, and in which are laid down the prin- pressly for the purpose of enabling us to preciples of neutrality it means to adopt with serve our cherished relations of amity and good regard to the governments now engaged in understanding with all foreign powers, and to war in Europe ; we think it advisable to re- fulfil with strict impartiality the duties of neucord it in our Review, in which it can be trality, and all the obligations of our treaties more readily referred to than in the crowded with those powers. This grave duty is enand miscellaneous columns of a newspaper. joined by the Constitution of the United States, There can be no doubt that it is essential to which by solemn oath the Executive is bound the welfare of this great commercial country, to“ preserve, protect and defend.” so to steer its course, as not to compromise its The enlightened minister of Germany cantirst great element of power, the shipping in- not be ignorant of the existence of the act of terest.

Congress of the 20th April, 1818, entitled, “ An act in addition to the act for the punish

ment of certain crimes against the United Washington, April 10, 1849.}

States, and to repeal the acts therein menBARON VON ROENNE,

tioned.” To the stringent provisions of that Envoy Extraordinary and Minister statute, the undersigned is now instructed by Plenipotentiary of the German Empire: the President to invite your Excellency's

The undersigned, Secretary of State, has special attention. Its 11th section requires been directed by the President of the United the forcible detention of vessels of the charStates to make to the Envoy Extraordinary and acter described, (and within its purview comes, Minister Plenipotentiary of the Germanic Em- unquestionably, the steamer United States) pire, the following communication :

when about to depart under circumstances On entering upon the Executive office, which render it probable that they are intended the President's attention was called to the to commit hostilities against a friendly power. fact that a large steamer, named the United Another section, the 3d, imposes a fine and States, was fitting out at New York, destined, imprisonment on all persons engaged in such as was generally believed and known, for the enterprises, and also the forfeiture of said naval service of the German empire. An ex

vessels. And its 10th section makes it obliact inquiry into the fact, which he at once gatory to the owners, &c. of such vessels to caused to be instituted, resulted in abundant cnter into a bond to the United States not to evidence and irrefragable proof, to satisfy his commit hostilities against any nation with mind that this war vessel was really designed which the United States are in peace. By the to be employed by the central government of 8th section of the act, the President is fully Germany in the unfortunate contest now ex- empowered and required to execute the law by isting between Germany and Denmark. carrying all its provisions into effect.

The United States at this moment remain in Moreover, you are aware that the governpeace with all the world; they contemplate ment of Denmark has entered a formal protest with profound interest the movements of other against the fitting out of this vessel for the nations, in struggles to advance their true objects alleged. In answer to the protest, the happiness, and to reform and improve the Danish minister has received from the Presisystems of government under which they live. dent the most satisfactory assurances in referIn the progress and development of the great ence to the views and feelings of the American events which are daily transpiring in Europe, government, and in regard to the course which a conflict has unhappily sprung up between the latier, under the circumstances, believe it Germany and Denmark, that has not failed to to be a duty to pursue. Independently, howawaken a new and lively solicitude on our ever, of the consideration just adverted to, it is part, as the common friend of the belligerent due to your Excellency to state that the Presiparties. It is precisely in this condition of dent, guided by a sense of justice and good affairs between these contending nations, that faith, had already, before the protest of Den


mark was laid before him, determined that it should have been completely denationalized. was his bounden duty to respect the rights of The steamer accordingly left New York for a friendly power, and, if absolutely necessary, Southampton, and having taken on board some even to enforce, to the very letter, all the pro- eight or ien Paixhan guns of large calibre apvisions of our laws which were passed and peared certainly one of the most magnificent intended to protect these rights.

and most warlike steamships that ever sailed But, whilst thus firmly resolved to discharge from the shores of America. She was coma duty which was due to Denmark, the Presi- manded by Captain Palmer, who resigns on dent is equally desirous, nay, anxious, to con- her changing her flag at Southampton. Sevvince the German government and people of eral passed midshipmen who had been comhis sincere wishes to cultivate the most cordial pelled to leave the United States Navy in conrelations of amity and good-will with them, sequence of having been engaged in duels, and to evince most clearly the friendly spirit have taken passage in this steamer with the which animates him by exhibiting a signal intention, it is said, of offering their services mark of the confidence he reposes in the honor to the German government. They are underand integrity of the distinguished individual stood to be

"Such lawless enterprise set off their heads," and people near this government. To this

officers of great merit and ability, end the undersigned is now authorized by the President to say to your excellency, in all frankness, that the moment you shall be prepared to communicate to the undersigned, in It does not appear that the inhabitants of the writing, the solemn assurance that the vessel new territory have made any very sensible in question now fitting out in the harbor of progress towards the formation of a provisional New York is not designed and intended to be, government, although great dissatisfaction preand will not be employed by your government vails there in consequence of Congress not against any power with which the United having provided the country with a territorial States are now at peace, such assurance on government. your part will be deemed and taken by the

The Alta Californian of the 9th April, asserts President as a sufficient pledge and security to

that the military government now in operation remove all doubts from his inind, and to justi- there, represented by Colonel Mason and Genfy him in suffering the steamer to quit the port eral Smith is wrong, and contrary to the spirit of New York, and to proceed without inter- and letter of the Constitution, and argues that ruption or hinderance to her destination, what- in the neglect of Congress they have a right ever that destination may be ; it being dis- to form a government for themselves. It detinctly understood that the said steamer, whilst nies the right of the United States to tax the the property of the German government or of people, when they give them neither governher agent, shall thus proceed in her true char- ment nor representation and therefore protests acter of a German vessel.

against the collection of revenue at their ports. The undersigned, in making this communi- In a letter published in the Alta Californian, cation, which he trusts your excellency will dated Sacramento City, 28th March, it is stated receive and impart to your government in the that everybody was preparing to begin goldspirit in which it originated and has been made, hunting. New parties were constantly arriving. most gladly avails himself of the opportunity Gold-washing had been carried on during the which it affords to reiterate to your excellency winter with but partial success. On the Midthe assurances given by his predecessor, in the dle Fork an average of two ounces of gold name of the government and people of the a day for each man had been gathered. On United States, that the President will ever be

the Yerba river, a large party of Oregonians ready and studious to foster the friendship now

had made out about the same.

There was 60 happily subsisting between our respective some talk of diverting the rivers froin their countries, and to promote, as far as may con

present channels to get at the gold at the botsist with his public duty, the prosperity of the

A place called Stanislaus appeared to German Confederation, and the accomplish- be the favorite resort for the gold hunters. A ment of the great objects which the German millwright bad made a diving bell, to pick up people have in view.

gold in deep water. A piece of gold had been The undersigned has the honor to renew to

found in Stanislaus river by Mr. Webber of your excellency the assurance of his dis- Stockton weighing seventy-eight ounces-tinguished consideration.

value $1284. JOHN J. CLAYTON. Meetings had been held at Monterey and

other places to choose delegates to a convenIn consequence of the foregoing, the Baron tion to form a territorial constitution. de Roenne entered into engagements that the

In a letter from a correspondent of the Bossteamer United States should not be em- ton Atlas, dated San Francisco, 8th April, we ployed in any warlike operation until she find the following: VOL. IV. NO. I,


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“ We are as full of people as the place can lect duties on such, the proper inference is not, hold; and if any one can tell where the coming as many seem to think, that the goods can encrowd are to stow themselves, 1, for one, ter without paying duties, but that, being unwould like to know. Everything in the shape able to pay the duties here, as required by law, of a house is completely crammed. Tents are they cannot be admitted at all. pitched in all directions; in fact, the place “As many cargoes have been shipped under looks more like a military encampment than the wrong impression, that they could enter, anything else. People are flocking to the gold and there was no American port of entry in regions by hundreds, as this is the beginning the Pacific to which they could resort, to comof the season, the rainy weather being over. ply with the law, a case of extreme hardship Nothing but launches laden with goods and was presented, which appeared to authorize passengers, can be seen in the bay, all bound such a modification as would allow the cargoes for the gold regions, with the full intention of to be entered, on depositing the duties to a wait making their eternal fortunes.

the action of Congress upon the subject; and “ In the coming season nothing but continual so far from the want of American vessels on rows of all sorts will be the consequence of the coast, and from the unwillingness of the the assemblage of so many of different nations few in this ocean to frequent these ports, where at the diggins. A circular has this day been the men desert to the gold mines, an absolute issued by General Smith, prohibiting all for- necessity of some means of transportation exeigners going to the mines. What the result isted, which could only be supplied by using will be I can hardly say, but would venture an foreign vessels that came from the neighboropinion this much, say, that it would take ing coasts. all the armed force of America to prevent the “But both of these modifications of the law people, whether they be Americans or for- can be but temporary. There can be no hardeigners.

ship in enforcing the law on those who are “In the way of merchandise, there are so fully aware of all its provisions and their effect, many goods coming and arriving here that be- and time will doubtless do away with the fore long they will be cheaper here than in the scarcity of American vessels of small class United States."

here. There will then be no reason for indul. By the arrival of the Crescent City from gence, and the suspension of the strict enforceChagres at New Orleans, we learn that Colo- ment of the law will cease. Even before that nel Mason, late Governor of California, had time, the government at Washington, thinking returned in that steamer.

itself not empowered to allow of any such General Smith appears to be somewhat in suspension, may revoke the indulgence grantan uncertain position as to the collection of ed, and require a strict adherence to the law, duties in San Francisco, and has issued a cir- whatever may be the inconvenience to individcular, which we suppose from the concluding uals. I think it would be proper, then, to noclause, to be addressed to the various govern- tify all persons designing to come here from ments on the Pacific.

your port or its neighborhood, that they can “ Head Quarters, Pacific Division, have no right to count upon any other than San Francisco, Upper California, the strictest construction of the law, as in all

April 1st, 1849. other ports of the United States, both as re“ The treaty concluded with Mexico, on the gards cargoes and vessels, and particularly, 20th of May last, brought Upper California that dutiable goods cannot be entered here at within the United States, and of course within all, unless Congress shall have made provision the operation of all its laws, but the means of for appointing the necessary officers. enforcing some of these laws have not been “ It would be well, also, to inform all advenprovided by Congress. Thus, as the Secretary turers coming here to search for gold, that of the Treasury, in his circular of the 30th of trespassing upon the public lands is punishOctober last, observes: Although Congress able by fine and imprisonment; that although have recognized California as part of the Union, the position of affairs here, incident to the and legislated for it as such; yet it is not change of government, has hitherto prevented brought by law within the limits of any collec- action under these laws, yet they will be en. tion district, nor has Congress authorized the forced as soon as the means are organized. appointment of any officers to collect the rey- “I should like to be informed of the date of enue.? The laws of the United States are in your receipt of this communication, to be enforce here, and consequently the revenue and abled to judge of the degree of indulgence navigation laws are ; though at this moment proper to award to those claiming it." some part of the machinery necessary to their (Signed) PERSFER F. SMITH, complete action, is wanting.

Breret Major-General “Now the law declares that certain goods

Commanding Division. shall only enter upon having paid the duties By the Lexington store-ship, which vessel prescribed by the tariff; and when the Secre arrived here a few days ago, three hundred and tary says that the department is unable to col fifty thousand dollars worth of California gold dust was received in this port, and from the “ 2d. That the dynasty of Hapsburg-LorCrescent City arrived at New Orleans, we have raine, whose treachery and perfidy took up a telegraphic despatch announcing that she arms against the Hungarian nation, which has a million of dollars in gold on board also, tried to divide the country, to annihilate the destined for this city. These arrivals will no holy constitution, to produce hatred between doubt give a fresh impetus to emigration to the the different races, and which was even so Pacisc, and this is beginning to be apparent in shameless as to make use of a foreign power the increased number of vessels advertised (Russia,) to butcher a whole nation, which in during the last week. Still we think that far this way has torn in pieces the Pragmatic sancthe greater number of emigrants will proceed tion, which has violated every treaty, this by way of the Isthmus of Panama, now that faithless dynasty of Hapsburg-Lorraine should Diessrs. Howland and Aspinwall's line of be deposed forever as ruler in Hungary and steamers appear to be regularly organized, and all its legal provinces and countries ; should that there will no longer be any apprehension be exiled and banished forever from all the terof a recurrence of the ruinous_delays which ritories of Hungary, and should never be alhave taken place at Panama. The system of lowed the privilege of Hungarian citizenship. sending ships round Cape Horn to San Fran- This banishment should be proclaimed in the cisco, to lie rolling in that harbor without any name of the whole Hungarian nation. chance of their return, cannot be long pursued, “3d. The Hungarian nation being by a holy and it will be months, perhaps years, before a unalienable right self-subsistent, free and indesystem of government can be organized in Calpendent, may proclaim its decided will to keep ifornia which shall effectually prevent the de- peace and friendship with all nations of the sertion of ships' crews on their arrival at San world for so long as its rights are not violated; Francisco. We readily comprehend that from to maintain peace and friendship particularly the enormous rate of freight and passage-money

with those people who were before united with ship-owners have realized, they could easily Hungary, under the same ruler, then with the afford to abandon their vessels at the voyage neighboring Turkish and Italian countries, end, and by so doing have made a profitable and to make treaties and alliances with them, sale of them; but these freights will no longer founded on mutual interests. be attainable ; California must at the moment

“ 4th. The future system of government, we are writing be overstocked with almost with its particularities, shall be deliberated and every description of merchandise, and there decided by the National Assembly. Until the will soon be a dead pause with regard to ship new principles of government are deliberated ments. With corn and the more immediate upon and accepted, a President, with responnecessaries of life, California will, until the sible ministers, should be elected and invested gold-fever is allayed and her population shall with the executive power. turn to agricultural pursuits, always look to

“ 5th. A committee of three members should Chili, the granary of the Pacific.

be authorized to publish a manifest of these

resolutions and their principles.” HUNGARY

The representatives of the people unaniThe affairs of Hungary hare assumed such tor and gave them their sanction, and the

mously adopted the propositions of the Dictavast importance in the politics of Europe, par church resounded with enthusiastic shouts ; ticularly since the armed intervention of Rus- tears of joy gleamed in the eyes of thousands sia in aid of the Austrians, that we think it and thousands. necessary to devote some space to a relation

When the fourth proposition came of the affairs which have taken place in that der discussion, all the representatives, with country. There is full confirmation of the re

unanimous feelings and decision, proclaimed ports lately received of their having obtained Louis Kossuth President, in consequence of a decisive victory over the Russians, and of his unshaken patriotism, and the undivided their having taken the city of Buda, and it confidence of the whole Hungarian nation. appears certain that their gallant exertions have He was then entrusted with the forination of a met with no decided check.

ministry. It appears that on the 14th April last the

On the same day, the (Magnatenbefehl) Representatives of Hungary assembled in the Senate, on the proposition of their President, Protestant church at Debreczin, when the il- Poreny, unanimously and solemnly accepted lustrious Dictator Kossuth, after reporting the the above resolutions of the House of Repreglorious victories obtained by the Hungarian sentatives, without farther discussion. army, submitted the following resolutions : An administration was subsequently formed,

"1st. That Hungary with all its provinces consisting of the following persons : and counties should be proclaimed as a free, Louis Kossuth, President. independent, and self-subsistent State, whose Casimir Battheany, Minister of War. integrity and unity can never be attacked. Szemere, Minister of the Interior.


S. Poreny, Minister of Justice.

the rest are named by the king; below the Duscheck, Minister of Finance.

comes is the vicecomes ordinarius, and the viceHeyneck, Minister of Religion and Police. comes substitutus, and two or four judices no

bilium, besides several other officers. These The whole government of Hungary is so administrative councils are also tribunals of little understood in this country, for years past, justice, from which the last appeal is to the there has been so little known of its position septemviral board. Hungary has its own code with regard to Austria, that we shall, we trust, of civil and criminal law. It was finally debe excused for giving a slight outline of the livered from the Turkish yoke about the behistory of that country, the nursery of nations, ginning of the eighteenth century; but though which tried the skill of the most active Ger- united to Austria, it still considers itself as an man Emperors, and more than once made the independent kingdom, having a constitution Imperial city tremble.

which the Hungarians regard with jealous The fundamental laws are, the golden bull attachment, and laws and privileges, the operaof King Andras II., of the year 1222, the mag. tion of which has been and still continues, a na charta of the Magyars; the privileges of source of great trouble and offense to the Austhe nobility as acknowledged by law in 1741 ; | trian court. the treaty of Vienna in 1606, and that of Lintz When the revolution drove away the Empein 1647, by which the free exercise of religion ror Ferdinand from Vienna, the partisans of is guarantied to the Protestants; the act of the monarchy turned to Hungary and sought the Diet at Presburg in 1687, and the inaugu- to find amongst the Magyars a bulwark against ral diplomas of 1790 and 1791. The king has popular fury and outrage. Kossuth was then very extensive powers. He exercises the courted and encouraged, and when the Vienwhole of the executive power; he nominates nese extorted from the Emperor a democratic the. Bishops and Prelates, independent of the constitution, the Magyars were induced to dePope's confirmation, which only regards their clare themselves beyond its control, or to rest spiritual functions; he confers all civil and on the legal basis of the pragmatic sanction. military dignities, except that of the Palatine Thus the Magyars were pitted against the Gerand the two keepers of the crown; he is the mans, in order that, in due time, advantage President of all the tribunals of justice, and might be taken of both. Meanwhile, the third can order the Insurreclio

as it is

lled, or national element in Austria, the Czechish, had general levy of the nation. But in the legis- risen and been put down again at Prague; and lation and taxation the States have an impor- the fourth national element, the Croatian, was tant vote, and laws and taxes can only be im- held in leashes to act as executioner on the posed with the consent of the Diet. The king rest. And when reaction commenced at Vi. must swear to the constitution in the presence enna, and democracy féll to a discount; when of the people in the open air, when he receives Ferdinand had abdicated. and his nephew was from the hand of the primate the crown of St. set up in his place; when all uneasiness on Stephen. The Diet, or comitia regni, is, ac- the side of Bohernia ceased; when Germany cording to law, summoned every three years. was taken up with the Danish war and its own Three months after the summons is issued, affairs; when Russia had given assurances of they appear in two chambers; the first con- armed support, which have now been fulfilled, sisting of the Magnates and Prelates, under then the mask was thrown off, Kossuth was the Presidency of the Palatine; the second denounced as a traitor, Jellachich (who had consisting of the deputies of the nobility. The narrowly escaped the same fate,) was ordered king appears in person, or is represented by a to advance upon Pesth, and the ancient Huncommissioner. He announces, after the open-garian constitution was declared to be susing of the Diet, his postulala to the States. pended. Thus the present struggle began ; When the king and States have agreed upon a

how it will end is another affair. The Austriposlulatum it becomes a law, or decretum regni. ans have gone upon the principle of “ Divide The king assembles and prorogues the Diet at et Impera. They have succeeded remarkably pleasure. The whole Hungarian constitution well with the “Divide;" with the “ Inpera" is imprinted with the stamp of the middle ages. they have not been quite so successful. The administration of Hungary differs from In Moldavia there are 60,000 Magyar famithat of the other Austrian States. The per- lies who will join heart and hand with their son of the king is represented by the Palatine, Hungarian brethren to relieve them from Auswho is assisted by a Council of State, of which trian oppression. The word Magyar implies the members are named by the king. But the wanderer from the early nonnad tribes of the whole is subordinate to the Hungarian Chan- Hungarians, who wandered from the shores of cery at Vienna, through which the king decides the Adriatic to the Turkish provinces, and back every matter constitutionally depending on his again, as the seasons suited. will. Each comitatus is governed by a special Accounts received by the Cambria, since council, of which the first officer is the comes or the foregoing article was written, repeat the overgespacin, of whom thirteen are hereditary, | assertion that the Magyars have taken Buda

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