States, shall be appointed by the president, by and with the advice and consent of the senate; which commission shall meet at the city of Washington, and, within the space of three years from the time of their first meeting, shall receive, examine and decide upon the amount and validity of all the claims included within the descriptions above-mentioned. The said commissioners shall take an oath or affirmation, to be entered upon the record of their proceedings, for the faithful and diligent discharge of their duties; and in case of the death, sickness, or necessary absence of any such commissioner, his place may be supplied by the appointment as aforesaid, or by the president of the United States during the recess of the senate, of another commissioner in his stead. The said commissioners shall be authorized to hear and examine, on oath, every question relative to the said claims, and to receive all suitable, authentic testimony concerning the same. And the Spanish government shall furnish all such documents and elucidations as may be in their possession, for the adjustment of the said claims according to the principles of justice, the laws of nations and the stipulation of the treaty between the two parties of 27th October, 1795; the said documents to be specified, when demanded, at the instance of said commissioners. The payment of such claims as may be admitted and adjusted by the said commissioners, or the major part of them, to an amount not exceeding five millions of dollars, shall be made by the United States, either immediately at their treasury,, or by the creation of stock, bearing an interest of six per cent per annum, payable from the proceeds of sales. of public lands within the territories hereby ceded to the United States, or in such other manner as the congress of the United States may prescribe by law. The records of the proceedings of the said commissioners, together with the vouchers and documents produced before them, relative to the claims to be adjusted and decided upon by them, shall, after the close of their transactions, be deposited in the department of state of the United States; and copies of them, or any part of them, shall be furnished to the Spanish government, if required, at the demand of the Spanish minister in the United States. Art. 12. The treaty of limits and navigation of 1795, remains confirmed in all and each one of its articles, excepting the 2nd, 3rd, 4th and 21st, and the 2nd clause of the 22nd article, which having been altered by this treaty, or having received their entire execution, are no longer valid. With respect to the 15th article of the same treaty of friendship, limits and navigation, of 1795, in which it is stipulated that the flag shall cover the property, the two high contracting parties agree, that this shall be so understood with respect to those powers who recognize this principle; but if either of the two contracting parties shall be at war with a third party, and the other neutral, the flag of the neutral shall cover the property of enemies whose government acknow ledge ledge this principle, and not of others. Art. 13. Both contracting parties, wishing to favour their mutual commerce by affording in their ports every necessary assistance to their respective merchant vessels, have agreed, that the sailors who shall desert from their vessels in the ports of the other, shall be arrested and delivered up at the instance of the consul; who shall prove, nevertheless, that the deserters belonged to the vessels that claimed them, exhibiting the document that is customary in their nation; that is to say, the American consul, in a Spanish port, shall exhibit the document known by the name of Articles; and the Spanish consul in American ports the roll of the vessel; and if the name of the deserter or deserters who are claimed shall appear in the one or the other, they shall be arrested, held in custody, and delivered to the vessel to which they shall belong. Art. 14. The United States hereby certify, that they have not received any compensation from France for the injuries they suffered from her privateers, consuls and tribunals, on the coasts and in the ports of Spain; for the satisfaction of which, provision is made by this treaty; and they will present an authentic statement of the prizes made and of their true value, that Spain may avail herself of the same in such manner as she may deem just and proper. Art. 15. The United States, to give his Catholic majesty a proof of their desire to cement the relations of amity subsisting between the two nations, and to favour the subjects of his Catholic majesty, agree that Spanish vessels, coming laden only with the productions of Spanish growth or manufactures, directly from the ports of Spain, or of her colonies, shall be admitted for the term of twelve years to the ports of Pensacola and St. Augustine, in the Floridas, without paying other or higher duties on their cargoes, or of tonnage, than will be paid by the vessels of the United States. During the said term no other nation shall enjoy the same privileges within the ceded territories. The twelve years shall commence three months after the exchange of the ratifications of the treaty. Art. 16. The present treaty shall be ratified in due form by the contracting parties, and the ratifications shall be exchanged in six months from this time, or sooner if possible. In witness whereof we, the underwritten plenipotentiaries of the United States of America and of his Catholic majesty, have signed, by virtue of our powers, the present treaty of amity, settlement and limits, and have thereunto affixed our seals respectively. Done at Washington, this 22nd Message of the President of the Washington, Dec. 7.-This day at 12 o'clock, the President of the United States transmitted to both Houses of Congress, by Mr. J. J. J. J. Monroe, the following message: Fellow Citizens of the Senate and of the House of Representatives, The public buildings being advanced to a stage to afford accommodation for Congress, I offer you my sincere congratulations on the recommencement of your duties in the capitol. In bringing to view the incidents most deserving attention which have occurred since your last session, I regret to have to state that several of our principal cities have suffered by sickness; that an unusual drought has preI vailed in the middle and western states; and that a derangement has been felt in some of our monied institutions, which has proportionably affected their credit. I am happy, however, to have it in my power to assure you, that the health of our cities is now completely restored; that the produce of the year, though less abundant than usual, will not only be amply sufficient for home consumption, but afford a large surplus for the supply of the wants of other nations; and that the derangement in the circulating paper medium, by being left to those remedies which its obvious causes suggested, and the good sense and virtue of our fellow-citizens supplied, has diminished. Having informed Congress, on the 27th February last, that a treaty of amity, settlement and limits, had been concluded in this city between the United States and Spain, and ratified by the competent authorities of the former, full confidence was entertained that it would have been ratified by his Catholic Maand a like earnest desire to terjesty, with equal promptitude minate, on the conditions of that treaty, the differences which had so long existed between the two countries. Every view which the subject admitted of was thought to have justified this conclusion. Great losses had been sustained by citizens of the United States from Spanish cruizers, more than 20 years before, which had not been redressed. These losses had been acknowledged and provided for by a treaty as far back as the year 1802, which, although concluded at Madrid, was not then ratified by the government of Spain, nor since, until the last year, when it was suspended by the late treaty; a more satisfactory provision to both parties, as was presumed, having been made for them. Other differences had arisen in this long interval, affecting their highest interests, which were likewise provided for by this last treaty. The treaty itself was formed on great consideration, and a thorough knowledge of all circumstances, the subject matter of every article having been for years under discussion, and repeated references having been made by the Minister of Spain to his Government, on the points respecting which the greatest difference of opinion prevailed. It was formed by a Minister duly authorized for the purpose, who had represented his Government in the United States and been employed in this long protracted negociation several years, and who, who, it is not denied, kept strictly within the letter of his instructions. The faith of Spain was therefore pledged, under circumstances of peculiar force and solemnity, for its ratification. On the part of the United States, this treaty was evidently acceded to in a spirit of conciliation and concession. The indemnity for The indemnity for injuries and losses so long before sustained and now again acknowledged and provided for, was to be paid by them without becoming a charge on the treasury of Spain. For territory ceded by Spain, other territory, of great value, to which our claim was believed to be well-founded, was ceded by the United States, and in a quarter more interesting to her. This cession was nevertheless received as the means of indemnifying our citizens in a considerable sum, the presumed amount of their losses. Other considerations of great weight urged the cession of this territory of Spain. It was surrounded by the territories of the United States on every side, except on that of the ocean. Spain had lost her authority over it; and falling into the hands of adventurers connected with the savages, it was made the means of unceas ing annoyance and injury to our Union, in many of its most essential interests. By this cession, then, Spain ceded a territory in reality of no value to her, and obtained concessions of the highest importance, by the settlement of long standing differences with the United States, affecting their respective claims and limits; and likewise relieved herself from the obligation of a treaty relating to VOL. LXI. it, which she had failed to fulfil; and also from the responsibility incident to the most flagrant and pernicious abuses of her rights where she could not support her authority. It being known that the treaty was formed under these circumstances, not a doubt was entertained that his Catholic Majesty would have ratified it without delay. I regret to have to state, that this reasonable expectation has been disappointed; that the treaty was not ratified within the time stipulated, and has not since been ratified. As it is important that the nature and character of this unexpected occurrence should be distinctly understood, I think it my duty to communicate to you all the facts and circumstances in my possession relating to it. Anxious to prevent all future disagreement with Spain, by giving the most prompt effect to the treaty which had been thus concluded, and particularly by the establishment of a government in Florida which should preserve order there, the minister of the United States, who had been recently appointed to his Catholic Majesty, and to whom the ratification by his Government had been committed to be exchanged for that of Spain, was instructed to transmit the latter to the department of state as soon as obtained, by a public ship subjected to his order for the purpose. Unexpected delay occurring in the ratification by Spain, he requested to be informed of the cause. It was stated in reply, that the great importance of the subject, and a desire to obtain expla N explanations on certain points which were not specified, had produced the delay, and that an envoy would be dispatched to the United States to obtain such explanations of this Government. The Minister of the United States offered to give full explanation on any point on which it might be desired, which proposal was declined. Having communicated this result to the department of state in August last, he was instructed, notwithstanding the disappointment and surprise which it produced, to inform the government of Spain, that if the treaty should be ratified and transmitted here at any time before the meeting of Congress, it would be received, and have the same effect as if it had been ratified in due time. This order was executed: the authorized communication was made to the government of Spain; and by its answer, which has just been received, we are officially made acquainted, for the first time, with the causes which have prevented the ratification of the treaty by his Catholic Majesty. It is alleged by the minister of Spain, that this government had attempted to alter one of the principal articles of the treaty, by a declaration which the minister of the United States had been ordered to present when he should deliver the ratification by his government in exchange for that of Spain; and of which he gave notice, explanatory of the sense in which that article was understood. It is further alleged, that this government had recently tolerated or protected an expedition from the United States against the province of Texas. These two imputed acts are stated as the reasons which have induced his Catholic Majesty to withhold his ratification from the treaty, to obtain explanations respecting which it is repeated that an Envoy would be forthwith dispatched to the United States. How far these allegations will justify the conduct of the government of Spain, will appear on a view of the following facts and the evidence which supports them. It will be seen by the documents transmitted herewith, that the declaration mentioned relates to a clause in the 8th article, concerning certain grants of land recently made by his Catholic Majesty in Florida, which it was understood had conveyed all the lands which till then had been ungranted. It was the intention of the parties to annul these latter grants, and that clause was drawn for that express purpose, and for none other. The date of these grants was unknown, but it was understood to be posterior to that inserted in the article: indeed, it must be obvious to all, that if that provision in the treaty had not the effect of annulling these grants, it would be altogether nugatory. Immediately after the treaty was concluded and ratified by this government, an intimation was received that these grants were of anterior date to that fixed on by the treaty, and that they would not, of course, be affected by it. The' mere possibility of such a case, so inconsistent with the intention of the parties and the meaning of |