671 APPENDIX TO CHRONICLE. Message of the President of the United States of America to both Houses of Congress. "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 re-commencement of your duties in the capital. "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 prevailed 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 of 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 majesty, with equal promptitude, and a like earnest desire to terminate, 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 satisfied this conclusion. Great losses had been sustained by citizens of the United States from Spanish cruisers, 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 negotiation several years, and 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 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 by 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 unceasing 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 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 thing 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 con- the ratification of the treaty by cluded, and particularly by the his Catholic majesty. It is alestablishment of a government in leged by the minister of Spain, Florida, which should preserve that this government had atorder there, the minister of the tempted to alter one of the prinUnited States, who had been re- cipal articles of the treaty, by a cently appointed to his Catholic declaration, which the minister majesty, and to whom the rati- of the United States had been fication, by his government, had ordered to present, when he been committed, to be exchanged should deliver the ratification by for that of Spain, was instructed his government in exchange for to transmit the latter to the de- that of Spain; and of which he partment of state as soon as ob- gave notice explanatory of the tained by a public ship subjected sense in which that article was to his order for the purpose. understood. It is further alleged, Unexpected delay occurring in that this government had recently the ratification, by Spain, he re- - tolerated, or protected, an expequested to be informed of the dition from the United States cause. It was stated, in reply, against the province of Texas. that the great importance of the These two imputed acts are subject, and a desire to obtain stated as the reasons which have explanations on certain points induced his Catholic majesty to which were not specified, had withhold his ratification from the produced the delay, and that an treaty, to obtain explanations reenvoy would be dispatched to the specting which, it is repeated that United States to obtain such ex- an envoy would be forthwith displanations of this government. The patched to the United States. minister of the United States offer- How far these allegations will ed to give full explanation on any justify the conduct of the governpoint on which it might be desired, ment of Spain, will appear on a which proposal was declined. view of the following facts, and Having communicated this result the evidence which supports to the department of state, in Au- them. gust 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 VOL. LXII. "It will be seen by the documents transmitted herewith, that the declaration mentioned relates to a clause in the eighth 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: in 2X deed, 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 an 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 the article, induced this government to demand an explanation on the subject, which was immediately granted, and which corresponds with this statement. With respect to the other act alleged, that this government had tolerated or protected an expedition against Texas, it is utterly without foundation. Every discountenance has invariably been given to every such attempt within the United States, as is fully evinced by the acts of the government, and the proceedings of the courts. There being cause, however, to apprehend, in the course of the last Summer, that some adventurers entertained views of the kind suggested, the attention of the constituted authorities in that quarter was immediately drawn to them, and it is known that the project, whatever it might be, has utterly failed. "These facts will, it is presumed, satisfy every impartial mind that the government of Spain had no justifiable cause for declining to ratify the treaty. A treaty, concluded in conformity with instructions, is obligatory, in good faith, in all its stipulations, according to the true intent and meaning of the parties. Each party is bound to ratify it. If either could set it aside, without the consent of the other, there would be no longer any rules applicable to such transactions between nations. By this proceeding, the government of Spain has rendered to the United States a new and very serious injury. It has been stated, that a minister would be sent, to ask certain explanations of this government. But, if such were desired, why were they not asked within the time limited for their ratification? Is it contemplated to open a new negotiation respecting any of the articles or conditions of the treaty? If that were done, to what consequences might it not lead? At what time, and in what manner, would a new negotiation terminate? By this proceeding, Spain has formed a relation between the two countries which will justify any measures on the part of the United States, which a strong sense of injury, and a proper regard for the rights and interests of the nation, may dictate. In the course to be pursued, these objects should be constantly held in view, and have their due weight. Our national honour must be maintained, and a new and distinguished proof be afforded, of that regard for justice and moderation which has invariably governed the councils of this free people. It must be obvious to all, that if the United States had been desirous of making conquests, or had been even willing to aggrandize themselves in that way, they could have had no inducement to form this treaty. They would have much cause for gratulation at the course which has been pursued by Spain. An ample field of ambition is open |