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there is a Russian establishment, without the permission of the governor or commander; and that, reciprocally, the subjects of Russia shall not resort, without permission, to any establishment of the United States. upon the North West Coast.

ARTICLE THIRD.

It is moreover agreed, that, hereafter, there shall not be formed by the citizens of the United States, or under the authority of the said States, any establishment upon the Northwest Coast of America, nor in any of the islands adjacent, to the north of fifty four degrees and forty minutes of north latitude; and that, in the same manner, there shall be none formed by Russian subjects, or under the authority of Russia, south of the same parallel...

Done at St. Petersburg, the 7 April, of the year of Grace one thousand eight hundred and twenty-four.

HENRY MIDDLETON,

Le Comte CHARLES NESSELRODE,
PIERRE DE POLETICA,

(L.S.)

(L.S.)

(L.S.)

114. THE PANAMA CONGRESS

The Congress at Panama was intended to be a step toward closer cooperation between the nations of the American continent. The note quoted below was designed to overcome the hesitation of the United States at committing herself unreservedly to the deliberations of the Congress. Actually she never participated.

American State Papers, Foreign Relations, Vol. 5, pp. 836–837.

Mr. Salazar to the Secretary of State.
[Translation.]

Legation of Colombia, Near the United States of North America,

Washington, November 2, 1825.

THE undersigned has the honor to communicate to the Hon. Henry Clay, for the information of his government and the attainment of the objects proposed, that the assembly of American plenipotentiaries, in relation to which the minister from Mexico and the undersigned have held some verbal conferences with the Secretary of State, at their previous request, will shortly be organized; ..

The honorable Secretary having intimated, in the name of his Government, that the United States, if formally invited by Mexico and Colombia, and apprised of the subjects to be discussed, would, on their part, appoint a person to represent them, if these subjects should be approved by the United States, the undersigned is accordingly authorized by his Government to address this invitation which he now makes by this note in all due form...

Of the points which will be under discussion by the Assembly of Panama the undersigned is unable to give a minute enumeration, as they will evidently arise out of the deliberations of the Congress. He is, however, authorized by his Government to assure the United States that these points have no tendency to violate their professed principles of neutrality. The undersigned has also been instructed to suggest some subjects that will form useful matter of discussion in the Congress. These subjects constitute two classes:

Ist. Matters peculiarly and exclusively concerning the belligerents; 2d. Matters between the belligerents and neutrals.

As the United States will not take part in the discussion of subjects of the first description, we will confine ourselves to the latter.

At Panama, the best and most opportune occasion is offered to the United States to fix some principles of international law, the unsettled state of which has caused much evil to humanity... It belongs to each of the concurring parties to propose their views, but the voice of the United States will be heard with the respect and deference which its early labors in a work of such importance will merit.

The manner in which all colonization of European powers on the American continent shall be resisted, and their interference in the present contest between Spain and her former colonies prevented, are other points of great interest. Were it proper, an eventual alliance, in case these events should occur, which is within the range of possibilities, and the treaty, of which no use should be made until the casus foederis should happen to remain secret; or, if this should seem premature, a convention so anticipated would be different means to secure the same end of preventing foreign influence. This is a matter of immediate utility to the American States that are at war with Spain, and is in accordance with the repeated declarations and protests of the cabinet at Washington...

The consideration of the means to be adopted for the entire abolition of the African slave trade is a subject sacred to humanity and interesting to the policy of the American States...

The descendants of this portion of the globe have succeeded in founding an independent Republic, whose Government is now recog

nized by its ancient metropolis. On what basis the relations of Hayti, and of other parts of our hemisphere that shall hereafter be in like circumstances, are to be placed, is a question simple at first view, but attended with serious difficulties when closely examined... This question will be determined at the Isthmus, and, if possible, a uniform rule of conduct adopted in regard to it...

The undersigned merely makes these suggestions by way of example; . . Inviting the United States, in the name of Colombia, to a Congress, the mere assembling of which will increase the political importance of America, and show the facility with which she can. combine her resources in defence of common rights when necessary, the undersigned hopes that the United States will make an early appointment of a person or persons to represent them in this Assembly, as the conditions that were required have been fulfilled.

The undersigned has the honor to offer to the Hon. Henry Clay his most distinguished consideration.

JOSÉ MARIA SALAZAR.

115. THE NEW YORK PENAL SYSTEM

The New York State Prison at Auburn was regarded by the nineteenth century humanitarians as one of the landmarks in progress to prison reform.

Annual Report of the Board of Managers of the Prison Discipline Society, Boston, June 2, 1826, pp. 36-38. Boston, 1827.

AT Auburn, we have a more beautiful example still of what may be done by proper discipline, in a Prison well constructed. It is not possible to describe the pleasure which we feel in contemplating this noble institution, after wading through the fraud, and material and moral filth of many Prisons. We regard it as a model worthy of the world's imitation. We do not mean that there is nothing in this institution which admits of improvement; for there have been a few cases of unjustifiable severity in punishment; but, on the whole, the institution is immensely elevated above the old Penitentiaries.

The whole establishment from the gate to the sewer is a specimen of neatness. The unremitted industry, the entire subordination and subdued feeling of the convicts, has probably no parallel among an equal number of criminals. In their solitary cells, they spend the night, with no other book but the Bible; and at sunrise, they proceed in military order, under the eye of the turnkeys, in solid columns, with the lock march, to their workshops; thence in the same order, at the hour

of breakfast, to the common hall, where they partake of their wholesome and frugal meal in silence. Not even a whisper is heard; though the silence is such that a whisper might be heard through the whole apartment. The convicts are seated in single file, at narrow tables, with their backs towards the centre, so that there can be no interchange of signs. If one has more food than he wants, he raises his left hand; and if another has less, he raises his right hand, and the waiter changes it. When they have done eating, at the ringing of a little bell, of the softest sound, they rise from the table, form the solid columns, and return under the eye of their turnkeys to the workshops. From one end of the shops to the other, it is the testimony of many witnesses, that they have passed more than three hundred convicts without seeing one leave his work, or turn his head to gaze at them. There is the most perfect attention to business from morning till night, interrupted only by the time necessary to dine; and never by the fact that the whole body of prisoners have done their tasks, and the time is now their own, and they can do what they please. At the close of the day, a little before sunset, the work is all laid aside at once, and the convicts return in military order to the solitary cells, where they partake of the frugal meal, which they were permitted to take from the kitchen, where it was furnished for them, as they returned from the shops. After supper, they can, if they choose, read the scriptures undisturbed, and then reflect in silence on the errors of their lives. They must not disturb their fellow prisoners by even a whisper. The feelings which the convicts exhibit to their religious teacher, as he passes from one cell to another, are generally subdued feelings. Sometimes, however, a man is found who hardens his heart, and exhibits his obduracy even here; but the cases are comparatively few. The want of decorum, of which the commissioners of the State of New York complain, in their visit to the city Prison, where they were met by the bold staring of the prisoners after they left their work to gaze at them, and by looks, whether in smiles or in frowns, which indicated an unsubdued and audacious spirit in the culprits; this is never seen at Auburn. The men attend to their business from the rising to the setting sun, and spend the night in solitude.

Under these circumstances they are provided with the word of God, by a law of the State, which requires that every cell shall be supplied with a Bible or a Testament. They also receive the undivided attention of a most wise and faithful religious teacher, who spends all his time in the Prison, visiting the sick, teaching those who cannot read, preaching in the chapel, on the Sabbath, the unsearchable riches of Christ, and afterwards in going from cell to cell, to administer the reproofs and consolations of religion to individuals. The influence of the chap

lain, according to the testimony of all the officers, is most salutary and powerful, and the various expressions of confidence and affection, exhibited towards him by the convicts, is most cheering to himself.

These great ends are gained, partly by discipline, and partly by construction.

The peculiarities of the discipline are, that the men, by a military movement, are required to keep the same relative position; as a general thing, they are placed back to face; and they are forbidden all conversation with each other.

116. THE SOUTH CAROLINA EXPOSITION AND PROTEST OF 1828

This document was the work of John C. Calhoun. He stated the grievances of the planting states, demonstrated that the tariff impoverished them to enrich the manufacturers of the north, and sought to point out in nullification a constitutional remedy short of the dissolution of the union which radical southerners were beginning to demand.

Works of Calhoun, Vol. 6, pp. 3-57. New York, 1856.

The Special Committee to whom the above Resolution was referred, beg leave to Report the following Exposition and Protest

THE committee have bestowed on the subjects referred to them the deliberate attention which their importance demands; and the result, on full investigations, is a unanimous opinion that the act of Congress of the last session, with the whole system of legislation imposing duties on imports, not for revenue, but for the protection of one branch of industry at the expense of others, is unconstitutional, unequal, and oppressive, and calculated to corrupt the public virtue and destroy the liberty of the country; which propositions they propose to consider in the order stated, and then to conclude their report with the consideration of the important question of the remedy.

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The committee do not propose to enter into an elaborate or refined argument on the question of the constitutionality of the Tariff system. The General Government is one of specific powers, and it can rightfully exercise only the powers expressly granted, and those that may be necessary and proper to carry them into effect,.. It results, necessarily, that those who claim to exercise power under the Constitution, are bound to show that it is expressly granted,.. The advocates of the Tariff have offered no such proof. It is true that the third section of the first article of the Constitution authorizes Congress to lay and collect an impost duty, but it is granted as a tax power for the sole purpose

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