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tant of Spain or the Spanish provinces, on the demand of the government of Spain; nor is any such inhabitant punishable by the laws of the United States for acts committed beyond their jurisdiction, the case of pirates alone excepted. This is a fundamental law of our system. It is not, however, confined to us. It is believed to be the law of all civilized nations, where not particularly varied by treaties.

In reply to your third demand, the exclusion of the flag of the revolting provinces, I have to observe, that in consequence of the unsettled state of many countries, and repeated changes of the ruling authority in each, there being, at the same time, several competitors, and each party bearing its appropriate flag, the President thought it proper, some time past, to give orders to the collectors, not to make the flag of any vessel a criterion or condition of its admission into the ports of the United States. Having taken no part in the differences and convulsions which have disturbed those countries, it is consistent with the just principles, as it is with the interests of the United States, to receive the vessels of all countries into their ports, to whatever party belonging, and under whatever flag sailing, pirates excepted, requiring of them only the payment of the duties, and obedience to the laws while under their jurisdiction; without adverting to the question, whether they had committed any violation of the allegiance or laws obligatory on them in the countries to which they belonged, either in assuming such flag, or in any other respect.

In the differences which have subsisted between Spain and her colonies, the United States have observed all proper respect to their friendly relations with Spain. They took no measure to indemnify themselves for losses and injuries; none to guard against the occupancy of the Spanish territory by the British forces in the late war, or to occupy the territory to which the United States consider their title good, except in the instance of West Flo rida, and in that instance under circumstances which made their interposition as much an act of accommodation to the Spanish authority there, as of security to themselves. They have also prohibited their citizens from taking any part in the war; and the inhabitants of the colonies and other foreigners connected with them, from re

oruiting men in the United States for that purpose. The proclamations which have been issued by the governours of some of the states and territories, at the instance of the President, and the proclamation lately issued by the President himself, are not unknown to your government. This conduct, under such circumstances, and at such a time, is of a character too marked to be mistaken by the impartial world.

What will be the first result of the civil war, which prevails between Spain, and the Spanish provinces in America, is beyond the reach of human foresight. It has already existed many years, and with various success, sometimes one party prevailing, and then the other. In some of the provinces, the success of the revolutionists appears to have given to their cause more stability than in others. All that your government had a right to claim of the United States, was, that they should not interfere in the contest, or promote, by any active service, the success of the revolution, admitting that they continued to overlook the injuries received from Spain, and remained at peace. This right was common to the colonists. With equal justice might they claim, that we would not interfere to their disadvantage: that our ports should remain open to both parties, as they were before the commencement of the struggle; that our laws regulating commerce with foreign nations should not be changed to their injury. On these principles the United States have acted.

So much have I thought proper to state, respecting the relations existing between the United States and Spain. The restoration of the diplomatic intercourse between our governments, forms an epoch which cannot fail to be important to both nations. If it does not produce a result favourable to their future friendship and good understanding, to your government will the failure be imputable. The United States have at all times been willing to settle their differences, on just principles and conditions, and they still are. Of this I informed you in my letter of the 5th of May, as I likewise did Mr. Cevallos, in a letter of the 17th of July. It will be very satisfactory to the President, to find that your government entertains now the same disposition, and has given you full power to conclude a treaty for these purposes.

I have the honour to be, &c.

JAMES MONROE.

MESSAGE

FROM THE PRESIDENT OF THE UNITED STATES TO CON GRESS, RELATIVE TO TRANSACTIONS AT DARTMOOR PRISON. JAN. 31, 1816.

I TRANSMIT a Report of the Secretary of State, complying with a resolution of the 4th instant. JAMES MADISON.

THE resolution of the House of Representatives of the 4th instant, requesting the President to cause to be laid before that House, (if in his opinion it will not be inconsistent with the publick welfare,) any authentick information he may have received, or communications which may have passed between this government and the government of Great Britain, in relation to the transactions at 'Dartmoor prison, in the month of April last, as far as the American prisoners of war, there confined, were affected by such transactions, having been referred to the Secretary of State, he has the honour to submit to the President, the accompanying papers, marked A, B, and C, as containing all the information in this department, called for by the resolution, or immediately connected with it. All which is respectfully submitted.

JAMES MONROE. Department of State, January 31st, 1816.

List of Papers, in Packet marked A.

Extract of a Minute of a Conversation which took place at Lord Castlereagh's, between his Lordship and Messrs. Clay and Gallatin, on the 16th of April, 1815. Extract of a Letter from Messrs. Clay and Gallatin, to Mr. Beasely, dated the 18th of April, 1815.

Letter of Mr. Charles King to Mr. Adams, dated Plymouth, 26th April, 1815.

Report of Messrs. Larpent and King, upon the occurrence at Dartmoor Prison, dated 26th of April, 1815. Letter of Lord Castlereagh to Messrs. Clay and Gallatin. dated 22d of May, 1815.

Letter of Messrs. Clay and Gallatin to Lord Castlereagh, dated 24th of May, 1815.

Extract of a Letter from Mr. Adams to the Secretary of State, dated 23d of June, 1815.

Letter of Mr. Baker, his Britannick Majesty's Charge d'Affaires, to the Secretary of State, dated August 3,

1815.

Letter of the Secretary of State to Mr. Baker, dated December 11, 1815.

Extract of a Minute of a Conversation which took place at Lord Castlereagh's, between his Lordship and Messrs. Clay and Gallatin, April 16th, 1815.

LORD CASTLEREAGH began by adverting to the unfortunate event which had taken place at Dartmoor, and proposed that, as a statement of the transaction had been received from the American prisoners differing very materially in fact from an inquiry instituted by the port admiral, some means should be devised of procuring information as to the real state of the case; in order, either on the one hand, to satisfy the United States that the lives of their citizens, however unfortunately, had not been wantonly sacrificed, or, on the other, to enable the British government to punish their civil and military officers, if they should be found to have resorted to measures of extreme severity without necessity, or with too much precipitation. He therefore proposed, that one of the American commissioners should proceed to Dartmoor, with one of the gentlemen with whom they had negotiated at Ghent, and after examining the persons concerned, and such other evidence as might be thought necessary, should make a joint report upon the facts of the case.

That as neither

government could have any other wish beyond that of clearing up a transaction which might, if left unexplained, and as it now stood, upon ex parte statements, create much irritation between the two countries, so the British government had no desire to screen any person whose eonduct might have been improper or precipitate.

The American commissioners agreeing to the principles of lord Castlereagh's proposition, so far as related to the advantage of having a joint report upon the facts of the case, entertained doubts whether they could with proprie

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ty take such a duty upon themselves; and suggested that Mr. Beasley, from the situation which he held in this country, appeared to them better qualified for the task. Lord Castlereagh replied, that it was only from a desire of giving to any report which might be made, the sanction of the highest authority, that he had suggested the employment of the commissioners themselves; and deeming it of the most essential importance to satisfy the publick in both countries on this subject, he was induced to prefer his original proposition; but that he must of course leave it to the American commissioners to decide whether Mr. Beasley was better fitted for this service, and that upon receiving the result of their consideration of the subject, the government would appoint some person properly qualified to meet the American gentleman who might be so selected; such person being either one of the late British commissioners at Ghent, or a commissioner of the transport board, according as the American commissioners might decide upon going themselves or sending Mr. Beasley. Lord Castlereagh then entered upon the immediate release of the American prisoners of war detained in this country. After stating the inconvenience of retaining in confinement men who had a right under a treaty of peace to be liberated, he requested information as to whether Mr. Beasley was proceeding in the measures which he understood to have been taken for conveying them back to America.

The American commissioners stated that Mr. Beasley had certainly taken up some transports, on his own responsibility, previous to the receipt of instructions from America; but that the American government considered the restoration of prisoners to imply their re-conveyance to their own country by the power detaining them; and the American commissioners did not know whether Mr. Beasley had either authority or funds for continuing the service which he had, on his own view of the subject, commenced.

Lord Castlereagh stated, that he saw no objection to adopting some such measure as that which had been adopted in America, and proposed that such party should defray half the expense of conveying the prisoners from this country to America, leaving the ultimate construction of the treaty for future arrangements. But he remarked,

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