A Compilation of the Messages and Papers of the Presidents. Volume 4, part 3: James Knox Polk
History
A Compilation of the Messages and Papers of the Presidents. Volume 4, part 3: James Knox Polk
Polk, James K. (James Knox), 1795-1849; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
It has been my constant effort to maintain and cultivate the most
intimate relations of friendship with all the independent powers of
South America, and this policy has been attended with the happiest
results. It is true that the settlement and payment of many just claims
of American citizens against these nations have been long delayed. The
peculiar position in which they have been placed and the desire on the
part of my predecessors as well as myself to grant them the utmost
indulgence have hitherto prevented these claims from being urged in a
manner demanded by strict justice. The time has arrived when they ought
to be finally adjusted and liquidated, and efforts are now making for
that purpose.
It is proper to inform you that the Government of Peru has in good faith
paid the first two installments of the indemnity of $30,000 each, and
the greater portion of the interest due thereon, in execution of the
convention between that Government and the United States the
ratifications of which were exchanged at Lima on the 31st of October,
1846. The Attorney-General of the United States early in August last
completed the adjudication of the claims under this convention, and made
his report thereon in pursuance of the act of the 8th of August, 1846.
The sums to which the claimants are respectively entitled will be paid
on demand at the Treasury.
I invite the early attention of Congress to the present condition of our
citizens in China. Under our treaty with that power American citizens
are withdrawn from the jurisdiction, whether civil or criminal, of the
Chinese Government and placed under that of our public functionaries in
that country. By these alone can our citizens be tried and punished for
the commission of any crime; by these alone can questions be decided
between them involving the rights of persons and property, and by these
alone can contracts be enforced into which they may have entered with
the citizens or subjects of foreign powers. The merchant vessels of the
United States lying in the waters of the five ports of China open to
foreign commerce are under the exclusive jurisdiction of officers of
their own Government. Until Congress shall establish competent tribunals
to try and punish crimes and to exercise jurisdiction in civil cases in
China, American citizens there are subject to no law whatever. Crimes
may be committed with impunity and debts may be contracted without any
means to enforce their payment. Inconveniences have already resulted
from the omission of Congress to legislate upon the subject, and still
greater are apprehended. The British authorities in China have already
complained that this Government has not provided for the punishment of
crimes or the enforcement of contracts against American citizens in that
country, whilst their Government has established tribunals by which an
American citizen can recover debts due from British subjects.
Public-domain text, read in full here on John Shaqi.
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