The undersigned persuades himself, that it is responsibility stands upon the plainest foundations not in a noie addressed to the Marquis di Circello, of natural equity. that it is necessary to enlarge upon the singularly It will not be pretended, that a merchant is call. atrocious character of this procedure, for which no ed upon to investigate, as he prosecutes his traffic, apology can be devised, and for which none that is the title of every sovereign, with whose ports, and intelligible has hitherto been attempted. It was, under the guarantee of whose plighted word, he indeed, an undisguised abuse of power, of which trades. He is rarely competent. There are few no hing could well enhance the deformity, but the in any station who are competent to an investigastudied deception that preceded and prepared it; a tion so full of delicacy, so perplexed with facts deception which, by a sort of treason against socie. and principles of a peculiar character, far remov. ty, converted a proffer of hospitality into a snare, ed from the common concerns of life. His predi. and that salutary confidence, without which nations cament would be to the last degree calamitous, if and men must cease to have intercourse, into an in an honest search after commercial profit, he engine of plunder. might not take governments as he finds them, and The right of the innocent victims, of this une consequently rely at all times upon the visible ex. qualled act of fraud and rapine, to demand retri. clusive acknowleged possession of supreme authobution, cannot be doubted. The only question is, rity. If he sees all the usual indications of estab. from whom are they entitled to demand it Those, lished rule; all the distinguishing concomitants who at that moment ruled in Naples, and were in of real undisputed power, it cannot be that he is faci, and in the view of the world, the government at his peril to discuss mysterious theories above of Naples, have passed away before retribution his capacity or foreign to his pursuits, and more. could be obtained, although not before it was reover, to connect the results of those speculations quired; and, if the right to retribution regards on with events of which his knowledge is either im. ly the persons of those rulers as private and ordi- perfect or erroneous. If he sees the obedience of vary wrongdoers, the American merchant, whom the people, and the acquiescence of neighboring they deluded and despoiled in the garb and with princes, it is impossible that it can be his duty to the instruments and for the purposes of sovereignty, examiné, before he ships his merchandise, whether must despair forever of redress. it be fit that these should acquiesce or those obey. The undersigned presumes, that such is not the If, in short, he finds nothing to interfere with or view which the present government will feel itself qualify the dominion which the head of the society justified in taking of this interesting subject; he exercises, over it and the domain which it occu. trusts that it will, on the contrary, perceive that pies, it is the dictate of reason, sanctioned by all the claim, which the injured merchant was autho-experience, that he is bound to look no farther. rized to prefer against the government of this It can be of no importance to him that, notwithcountry before the recent change, and which, but standing all these appearances announcing lawful for that change, must sooner or later have been rule, the mere right to fill the throne is claimed successful, is now a valid claim against the govern. by, or even resides in, another than the actual ocment of the same couniry, notwithstanding that cupant. The latent right (supposing it to exist) change. At least, the undersigned is not at pre. disjointed from and controverted by the fact, is to sent aware of any considerations which, applied to him nothing while it continues to be latent. It is the facts that characterise this case, can lead to a only the sovereign in possession that it is in his different conclusion; and certainly it would be power to know. It is with him only that he can matter for sincere regret, that any considerations enter into engagements. It is through him only should be thought sufficient to make the return of that he can deal with the society. And if it be true, his Sicilian majesty's power fatal to the rights of that the sovereign in possession is incapable, on friendly strangers, to whom no fault can be ascribed. account of a condict of title between him and The general principle that a civil society may another, who barely claims, but makes no effort to contract obligations through its actual government, jassert his claim, of pledging the public faith of the whatever that may be, and that it is not absolved society and of the monarch to foreign traders, for from them by reason simply of a change of govern. commercial and other objects, we are driven to the mentor of rulers, is universally received as incon. monstrous conclusion, that the society is, in effect trovertable. It is admitted, not merely by wri. and indefinitely, cut off from all communication ters on puplic law, as a speculative truth, but by with the rest of the world. It has, and can have, states and statesmen, as a practical rule; and, ac no organ by which it can become accountable to, cordingly, history is full of examples to prove, or make any contract with foreigners, by which that the undisturbed possessor of sovereign power needful supplies may be invited into its harbors, by in any society, whether a rightful possessor or not, wbich tamine may be averted, or redundant prowith refeience to other claimants of that power, ductions be made to find a market in the wants of may not only be lawful object of allegiance, but by strangers. It is, in a word, an outcast from the marły of his acts, in his quality of sovereign de facto, the bosom of the great community of nations, at may bind the society, and those who come after the very moment too, when its existence, in the bim as rulers, although their title be adversary to, form which it has assumed, may every wbere be or even better than his own The Marquis de Cir- admitted. And, even if the dormant claim to the celio does not need to be informed, that the earlier throne should, at last, by a fortunate coincidence annuls of England in particular, abound in instruc. of circumstances, become triumphant, and unite tjons upon this bead. itself to the possession, this harsh and palsying With regard to just and beneficial contracts, theory has no assurance to give, either to the socie. entered into by such a suvereign with the mer ty or to those who may incline to deal with it, that chants of foreign nations, or (wirich is the same iis moral capacity is restored, that it is an outcast thing,) with regard to the detention and confisca. no longer, and that it may now, through the pro; tion of their property, for public uses, and by his tecting will of its new'sovereign, do what it could authority, in direct violatio of a pledge of safety, not do before. It contains, of course, no adequate upon ne faith of which, that properly arrived and certain provision against even the perpetuity of s'ilbin the reach of cuntiscation, this continuing the dilemma which it oreates. If, therefore, a civil society is not competent, by rules in entire posses., high and sacred, contracted by a government in the sion of the sovereignty, to enter into all such pro. full and tranquil enjoyment of power, to perish mises to the members of other societies as neces- with the first revolution, either in form or rulers sily or convenience may require, and to remain un. througia which it may happen to pass; or (to state answerable for the breach of them, into whatsoever the same proposition in different terms) that it is shape the society may ultimately be cast, or into the natural operation of a political revolution in a whatsoever hands the government may ultimately state, to strip unfortunate traders, who have been fall; if a sovereign, entirely in possession, is not betrayed and plundered by the former sovereign, able, for that reason alone, to incur a just respon of all that his rapacity could not reach-the right of sibiliiy, in his political or corporate character, to reclamation. the citizens of other countries, and to transmit The wrong which the government of Murat in. thai responsibility, even to those who succeed him Aicted upon American citizens, wanted nothing by displacing him, it will be difficult to show that that might give to it atrocity or effect, as a rob. the inoral capacity of a civil society is any thing bery introduced by treachery; but, however per. buta name, or the responsibility of sovereigns any nicious or execrable, it was still reparable. It left thing but a shadow. And here the undersigned in the sufferers and their nation a right, whicho was will take the liberty to suggest, that it is scarcely not likely to be forgotten or abandoned, of seeking for the interest of sovereigns to inculcate as a max: and obtaining ample redress, not from Murat simin, that their lost dominions can only be recovered ply, (who individually was lost in the sovereign,) at the expense of the unoffending citizen of states but from the government of the country, whose in anity, or, which is equivalent to it, to make that power he abused. By what course of argument recovery the practical consummation of intermedi- can it be proved, that this incontestable right, from ate injustice, by utterly extinguishing the hope of which that government could never have escaped, indemity and even the title to demand it. has been destroyed by the reaccession of his Sici. The undersigned will now, for the sake of per. lian majesty, after a long interval, to the sovereignspicuity and precision, recall to the recollection of iy of the same territories? his excellency the Marquis di Circello, the situa- That such a result cannot in any degree be in. tion of the government of Murat at the epoch of ferred from the misconduct of the American claim. the confiscations in question. Whatever might ants, is certain; for no misconduct is imputable be the origin or foundation of that government, it to them. They were warranted in every view of had for sone time been established. It had obtain the public law of Europe, in holding commercial ed such obedience as in such times was customary, communication with Naples in the predicament in and had manifested itself, not only by active inter- which they found it, and in trusting to the direct nal exertions of legislative and executive powers, and authentic assurances, which the government of but by important external transactions with old the place affected to throw over them as a shield and indisputable regular governments. It had against every danger. Their shipments were strictbeen (as long afterwards it continued to be) recog. ly within the terms of those assurances; and no. nised by the greatest potentates, as one of the thing was done, by the shippers or their agents, by European family of states, and had interchanged which the benefit of them might be lost or im. with them ambassadors, and other public ministers paired. and consuls. And Great Britain, by an order in From what other source can such a result be council of the 26th of April, 1809, which modified drawn? Will it be said that the proceeds of these the system of constructive blockade, promulgated confiscations were not applied to public purposes by the orders of November, 1807, had excepted during the sovereignty of Murat, or that they pro. the Neapolitan territories, with other portions of duced no public advantages, with reference to Italy, from the operation of that system, that neu. which the present government ought to be liable? trals might no longer be prevented from trading The answer to such a suggestion is, that let the with them. fact be as it may, it can have no influence upon the Such was the state of things when American subject. It is enough that the confiscations themvessels were tempied into Naples, by a reliance selves, and the promise of safety which they violat. upon the passports of its government, to which el, were acts of state, proceeded from him who perfidy had lent more than ordinary solemnity, was then, and for several successive years, the so. upon a declaration as explicit, as it was formal and vereign. The derivative liability of the present notorious, that they might come without fear, and government reposes, not upon the good, eitier might depart in peace. It way under these circuim. public or private, which may have been the fruit of stances, that, instead of heing permitted to retire such a revolting exhibition of power, emancip teu with their lawful gains, both they and their cargoes from all the restraints of principle but upon the were seized and appropriated in a manner already general foundations, which the undersigned has al. related. The undersigned may consequently as. ready bad the honor to expose. sume, that it ever there was a claim to compensa. To follow the proceeds of these spoliations into tion for broken faith, which survived the political the public treasury, and thence to all the uses to power of those, whose iniquity produced it, and which they were finally made subservient, can be devolved in full force upon their successors, the no part of the duty of he American claim int. It present claim is of that description. is a task which he has no means of performing, and As to the demand itself, as it existed against the which, if performed by others, could neither government of Murat, the Marquis di Circello strengthen his case nor enfeeble it. And it may will undoubtedly be the first to concede, not only confidently be insisted, not only that he has no that it is above reproach, but that it rests upon concern with the particular application of these grounds in which the civilized world has a deep proceeds, but that, even if he had, he would be and lasting interest. And with regard to the lia. authorized to rely upon the presumption, that they bility of the present government as standing in the were applied as public money to public ends, or place of the former, it may be taken as a corolla- left in the public cuffers. li must be reinembered, ry from that concession; at least until it has been moreover, that whatever may have been the desti shown, that it is the natural fate of obligations, sony of these unhallowed spoils, they cannot have wel! P 2 3 failed to be instrumental in meliorating the condi- lIn support of this pretension, it is assume, inat The undersigned, having thus briefly explained remark, that whatever may be the opinion of publi- of right. The victory which restored the legiti· The undersigned has the honor to renew to his mate prince, would be fatal to both, if it must have excellency the Marquis di Circello the assurances the effect of making him responsible for the acts of of his distinguished consideration. injustice and violence which the usurper might (Signed) WILLIAM PINKNEY. have perpetrated against foreign nations. It avails not to say, that these are of the descrip. (Translation.) tion of obligations and engagements which survive The marquis of Circello, minister of foreign affuirs, the overthrow of the usurped dominion, as common at Naples, to Mr. Pinkney, special minister of the to the nation over which that dominion was exercis. United States. ed. This would be the place to determine wnetner Naples, 15th October, 1816. we could reasonably qualify, as an obligation, an en. Although the government of his majesty, the gagement from government to government, or na. king of the two Sicilies, was, from the first moment, tion to nation, a mere right of reclamation, which, in a situation to judge of the validity of the reino according to the obligation of Mr. Pinkney himself, strance and demands made by his excellency Mr. the United States kept in reserve, to be exercised Pinkney, envoy extraordinary of the United States with Murat, had not his power been subverted. of America, in his note of the 24th August last, But the undersigned will simply ask his excel. nevertheless, wisting to examine and discuss them lency, if that very right is not to be regarded as under all their aspects of right and of fact, it hasi null, seeing that the continual, strong, vehement waited accordingly, until all the materials and demands, officially made by the consul general of lights were collected, proper to this end. the United States, at Naples, upon the minister of The many difficulties aitending the search after Murai, for the restilution of the conficated vessels those materials owing to the change in the order of and cargoes, or compensation to the American things, during which the facts occurred ihat have owners, were rejected, or remained without a reply? given rise to the demands of Mr. Pinkney, rendered However this may be, it is always incontestable, that it impossible for the royal government to reply to it is not against the actual government of his majesthe note of his excellency betore his departure from ty, that a right to which he, who created it, would Naples. (This reply was forwarded to Mr. Pinkney noi hearken, can be tried, as it were, in the nature at St. Petersburgh). ot an appeal. Now that the papers and appropriate inquiries It is among the principles of reason and justice, have shed the strongest light upon the affair in that a sovereign, who never ceased to be in a state question, the undersigned, counsellor and secretary of war with the usurper of his dominions, and who, of state, minister of foreign attairs of his majesty very far from having afforded grounds for presumthe king of the two Sicilies, hastens to give, by or. ing that his rights were waved, as is asserted in the der of his sovereign, the following reply to Mr. note of the 24ih August, carried into effect, in conl'inkney, requesting his excellency to be pleased cert with his ally, England, a powerful expedition to communicate it to his government. in the islands of Procida and Ischia, nearest to the All the arguments contained in the note of the capital of his usurped kingdom, in the year 1809, 24 August, look to the end of making his ma precisely that in which the confiscation of the Ame. jesty's government responsible for the consequen-rican ships at Naples took place. It is among the ces of the contiscation and sale, whether just or principies of reason and justice, that he should not unjust, of several American vessels and cargoes, be, on regaining his dominions in process of the war which took place in Naples, wbile the kingdom was which had compelled hiin to absent himself from held by Murat I them, he!d responsible for the excesses of his enemy. Let then the relations of the usurper, with the Murat did not deem himself authorized to de. powers friendly or allied to France, have been what cide in any way, and submitted the report to his they may, the inferences which the American mer brother-in-law, Napoleon, who decreed, in margin, ch nts may bave drawn from them, in relation to the that the vessels and cargoes in question should be prosecution of their trade at Naples, should not be confiscated, because the embargo laid in the ports made to recoil upon the treasury of a sovereign, of the United States, induced him to believe that who, not only did not show any, the least acquies the produce must be British property, and its inence in the usurpation; but did all that was in his troduction into the continent a breach, therefore, power, and all that circumstances would permit to of the two famous Berlin and Milan decrees. 0 vindicate his abused rights. There is still less foun- On the disclosure of this decision of Bonaparte dation for the arguments brought forward in the in Naples, it was ordered, also, that the proceeds note of the 24th August, to prove that the Neapoli. of the sales should not be paid over to the treasutan nation was, in some sort, a party to the mea- ry of the state, but that a separate and special ac. sures, by which the Americans suffered, and there. count should be opened for them, which was done fore liable, in solidum, for the consequences. accordingly. In order to understand well this dis If the inhabitants of the kingdom of Naples could tinction, and to be able to draw from it the conseoniy bave signified their wishes, these would un- quences applicable to the case, it is useful to note, doubtedly have been for the maintainance of rela- that during the military occupation of the kingdon, tions of justice and friendship with the Americans, there existed a treasury, so called, destined to rethe only nation, which, by means of its neutrality, ceive the public revenues, and defray the public might provide a vent for the commodities accu- charges; and, as among the latter, the support of mulated through so many years in the kingdom, the luxurious household of Murat was not the under the operation of the 'noted continental sys. least onerous, accordingly the sums allotted to tem of ruinous memory this purpose, were paid into the hands of a parti. But every body knows that the Neapolitan na. cular treasurer, who disposed of them as his master tion, prostrated by a foreign domination, was but directed. the mournful spectator and first victim of the ar. Besides this particular chest, into which, moren. bitrary acts which were daily committed: so far, ver, all the proceeds of the private domain were then, from being able to indemnify others, it would emptied, Murat established another by the name be exceedingly fortunate if she could find means of of separate account or fund, (conto a parte,) as a compensating herself for the losses and immense receptacle for the sum arising from the sale of the injuries which she sustained during the occupation vessels and cargoes confiscated in 1809 and 1812, of the kingdom. and also for the profits of the licenses, which, in These considerations would be more than suffi. imitation of England and France, he sold to the cient to prove, that the claims of the American vessels entering and leaving the ports of the kingmercbanis cannot reach either the actual govern. dom. The new fund was always considered as ap. ment of his Majesty or bis people. pertaining to the extraordinary and private domain But to make the demonstration complete, and to of Murat himself. An irrefragable proof of this exhibit the question under all its aspects, the un. nay be offered. The 1st article of one of his de. dersigned will admit, for a moment, the absurd crees of 251h April, 1812, is conceived in the fol. hypothesis, that the present government of Naples lowing terms: "The commission established by our stands in the place of that of Murat, and has suc. decree of November 30th, 1811, for the purpose ceeded to all bis obligations. of liquidating the accounts of our royal household, The demand of Mr. Pinkney would not be, on is, in addition, charged with examining the acthis account, the less unsustainable, since the con- counts of the vessels sequestered in our ports, re. fiscation and sale of the American vessels and car garded by us as the property of our extraordinary goes, were acts which proceeded directly from the and privnte domain.” power and from the will of Bonaparte. "There ex- Besides, it is enough to read the account ren. ists, in fact, in the archives of the treasury, a re. dered, of the cashier of the separate fund, to know port of the minister Agar, who presided over that that the sums paid into it, were dissipated in lar. department in 1809, addressed to Murat, who was gesses to the favorites of Murat, in marriage por. then at Paris. tions to some of his relatives, and in other licenti. The minister relates in this report, that two ous expenses of Murat, and of his wife, especially American ships liad arrived at Naples, one from during their visit at Paris. It appears, moreover, Salem, the other, last from Algiers, laden with that Murat having anticipated, on said fund, a sum colonial produce. And that the necessary orders of two hundred thousand livres on account of the had been given to put the same under sequestra. treasury, towards the cost of the expection with tion, conformably to the directions antecedently which, during several months, he menaced Sicily issued from higher authority, with respect to the with an invasion from Calabria, the minister of the other vessels arrived at Naples, before the depar- finances, lost no time in reimbursing the fund with ture of Murat for Paris. proceeds of the public taxes. He proceeds then to point out the great benefit From the foregoing statement, two important which the treasury would derive from opening the and obvious consequences are to be drawn. The market to the colonial produce lying on board those first is, that Murat only lent his name in the confis. ships, or in the custom house of Naples, by the cation of American ships, as he did merely in all the duties which would be collected upon the sale of other measures pursued in Naples, during the oc. it, and upon the export of the oils which the Ame- cupation of the kingdom. This was no mystery, ricans would take as return cargoes. nor could foreign nations be ignorant of it. Still The minister remarks, in fine, that the confisca. less could they be unacquainted with the extent of tion itself of the American vessels and cargoes was the power which Bonaparte usurped, in order to but an inconsiderable resource, compared with the give all possible latitude of effect to his decrees very great advantage which would have resulted to of Milan and Berlin, in the countries over which the treasury from an active American trade, could he exerted his fatal influence. it have been tolerated in the ports of the kingdom. | Obstinate in his fantasies, absolute in his will, he studied only to enlarge the sphere of his favorite president the correspondence between this depart. plan. A mere remonstrance on this head, if Murat ment and the Spanish minister residing here, since bad all wed himself to prefer one, would have he received the last instructions of his government cost the latter his crown. Holland furnished an to renew the negociation which, at the time of the incontestible example of this truth. last communication to congress, was suspended by Murat, then, let it be repeated, was but the pas. the insufficiency of his powers. These documents sive instrument of the will of Bonoparte, in the will shew the present state of the relations between confiscation of the American ships, and if this the two governments. could give birth to responsibility, such responsibi. As in the remonstrance of Mr. de Onis of the 6th lity should no longer be imputed to the country of December, against the occupation by the United over which he reigned, and still less to the govern. States of Amelia Island, he refers to a previous ment which has there resumed its lawful authority. communication from him, denouncing the expedi. The oiber, and not less important consequence, tion of sir Gregor McGregor against that place, his is, that the treasury, which was the fund of the note of 9th July, being the paper thus referred to, state, never enjoyed the proceeds of the confisca. is added to the papers now transmitted. Its date, tions, and that, instead of being employed to alle when compared with that of the occupation of viate the burdens of the people, or applied to the Amelia by McGregor, will shew that it was writ. improvement or embellishment of the country, as ten ten days after that event; and the contents of is supposed in the note of the 24th of August, those his note of 6th December will shew that measures proceeds only served to feed the caprices, and the had been taken by the competent authorities of the oriental pomp of the family of Murat, and his ad. United States to arrest McGregor as soon as the herents. unlawfalness of his proceedings within our juris. After this rapid and faithful exposition of facts, diction had been made known to them by legal evi. the undersigned will not enter upon the inquiry, dence, although he was beyond the reach of the whether the American merchants would have been process before it could be served upon his persun. entitled to call for indemnity, if the power, which The tardiness of Mr. Onis's remonstrance is of it. communded and executed the confiscation of their self a decisive vindication of the magistrates of the property had, unfortunately, continued to flourish. United States against any imputation of neglect to He will go no further than to remark to Mr. enforce the laws; for, if the Spanish minister himPinkney, that such a call could not affect the actual self had no evidence of the project of McGregor, government of his majesty, nor his people; and his sufficient to warrant him in addressing a note upon excellency and his government are too enlightened the subject to this department, until ten days af. and too impartial not to be fully convinced of this, ter it had been accomplished, it cannot be suppos. now that they can dwell upon circumstances, which ed that officers, whose authority to act commenced perhaps were not previously within their know. only at the moment of the actual violation of the ledge. laws, and who could be justified only by clear and The undersigned renews to Mr. Pinkney, on this explicit evidence of the facts in proof of such viooccasion, the assurance of his most distinguished lation, should have been apprized of the necessity consideration. of their interposition in time to make it effectual (Signed) IL MARCHERE DI CIRCELLO. before the person accused had departed from this country As, in the recent discussions between Mr. Onis and this department, there is frequent reference to MONDAY LAST. those of the negociation at Aranjuez in 1805, the On Saturday the president communicated to the correspondence between the extraordinary mission house of representatives, a complete view of the of the United States at that period, and Don Pedro state of our relations with Spain, up to this date. Cevallos, then the minister of foreign affairs in The message and the report of the secretary of Spain, will be also submitted as soon as may be, to of state are as follows: be laid before congress, together with the corres. To the speaker of the house of representatives. pondence between Don Francisco Pizarro and Mr. In compliance with a resolution of the senate of Erving, immediately preceding the transmission the 16th of December, and of the house of repre- of new instructions to Mr. Onis, and other corres. sentatives of the 24h of February last, I lay before pondence of Mr. Onis with this department, tendcongress a report of the secretary of state, and the ing to complete the view of the relations between papers referred to in it, respecting the negociation the two countries. with the government of Spain. To explain fully JOHN QUINCY ADAMS. the nature of the differences between the United States and Spain, and the conduct of the parties, it [Accompanying this report were the documents, has been found necessary to go back to an early of which the following is a list:) epoch. The recent correspondence, with the do. No. 1. Don Luis de Onis to the secretary of state, cuments accompanying it, will give a full view of 9 July, 1917. the whole subject, and place the conduct of the No. 2. The same to the same, 6th December, United States, in every siage, and under every 1817. circumstance, for justice, moderation, and a firm No. 3. The same to the same, 10th December, adherence to their rights, on the high and honora. 1817. bie ground, which it bas invariably sustained. No. 4. The secretary of state to Don Luis de Onis, JAMES MONROE. 16th December, 1817. Washington, March 14, 1818. No. 5. Don Luis de Onis to the secretary of state, 29th December, 1817. Department of state, 14th March, 1818. No. 6. The same to the same, 5th January, 1818. The secretary of state, to whom have been re. No. 7. The same to the same, 8th January, 1818. ferred the resolutions of the senate of 16th Decem. No. 8. The same to the same, 8th January, 1818. ber, and of the house of representatives of of 24th No. 9. The secretary of stale to Don Luis de Onis, February last, has the honor of submitting to the 16th January, 1818. FROM THE XATIONAL INTELLIGENCER a |