me in advancing the interests and the honor of the state. DEPARTMENT OF STATE, Feb. 22d, 1817, The secretary of state, to whom was referred the A crowd of sensations are awakened by announc-resolution of the senate of the 20th instant, requesting this, my separation, from officers, legislators, and ing "the president to lay before the senate a copy citizens, with whom I have been so long associated, of the correspondence between the government of and who have yielded to me, on all occasions, the the United States and the government of Spain, grestes kindness, assistance and respect. When relative to the subjects of controversy between the I call to mind that I was distinguished at an early two nations, except such part as he may deem im. age by a preference far beyond my merits, and re- proper to disclose," has the honor to submit to the flect on the violent party collisions with which this president the accompanying papers, marked A. B, state has been, unfortunately, too often agitated and C. as containing the information which is supduring my administration; when I recollect the na-posed to be wanted. tional difficulties and distress occasioned by the war All which is respectfully submitted. (A.) JAS. MONROE. in which we have been engaged, and call to mind the unbounded confidence, support, and indeed, parental solicitude, with which they sustained me in Copy of a letter from the secretary of state to the Chevalier de Onis, dated the midst of those most trying scenes of my public DEPARTMENT OF STATE, Jan. 14, 1817. life, and at the same time, reflect how inadequate and feeble have been my greatest exertions and my SIR-Having understood, in our late conference, utmost devotions to their interests to repay the ob-that you would not agree to an arrangement, by ligation, my heart is overwhelmed with emotions which Spain should cede her claims to the territory eastward of the Mississippi, unless the United States which I have no power to express. I shall bear with me through life a glowing re- ceded their claims to all the territory westward of collection of the affection and gratitude I owe to that river, and that even then, your agreement, the people of the state of New York; and that they would be restricted to a recommendation to your may be blessed with perpetual happiness, prosperi-government to adopt an arrangement to that effect; ty and liberty, will ever be the warmest wish of my it is deemed unnecessary to make you any further heart. DANIEL D. TOMPKINS. proposition, or to prolong the negociation on the subject of limits. Albany, February 24, 1817. STATE OF NEW-YORK.-GENERAL ORDERS. I have now to request, that you will have the goodness to inform me, whether you are willing to enter into a convention to provide compensation for spoliations, and for the injury resulting to the Unit ed States from the suppression of the deposite at New-Orleans. I have the honor to be, &c. JAMES MONROE: [Translation.] Mr. Onia to the secretary of state. Head-quarters, Albany, 20th Feb 1817. On the eve of his separation from the officers and soldiers of the militia, the commander in chief of fers a sincere acknowledgment for the confidence and support he has always received from them, and for the patriotism they have exhibited in the whole course of the late war Deeply sensible how much the subordination and zeal of the militia of this state have contributed to advance its honor and fame, he 16th January, 1817. would do injustice to himself and them were he not SIR-I have received your official letter of the on this occasion publicly to proclaim his high sense 14th inst. in which you are pleased to make known of gratitude. The conduct displayed at Plattsburg, Sackett's to me, that, having understood in our last conferHarbor, and on the Niagara frontier, and especially ence, that I would not accede to an arrangement, in the sortie from fort Erie, has given the military by which Spain should cede her pretensions to the in this state a high rank amongst the bravest uefenders of the country. The commander in chief entreats them to cherish and transmit to posterit that patriotic spirit which animated them to such noble deeds. territory east of the Mississippi, if the United States did not relinquish theirs to the west of that river, and that, even in this case, my accession would be limited to recommending to my government the adoption of this project, it appeared to you He will ever retain a lively recollection of their useless to make me more propositions to prolong services in the most trying periods, and of the re- the negociation on the subject of limits between spect and regard he has uniformly received from them, and with the most devout prayers for the future prosperity and happiness of his fellow officers and soldiers of the militia of the state of New York, he bids them an affectionate farewell. By order of the commander in chief, SOL. VAN RENSSELEAR, Adjutant-general. the two governments, and you only desired to know if I was disposed to sign a convention, to provide compensation for the injuries occasioned to the United States by the cruizers of his majesty in the late war, and for those which resulted to the United States from the suppression of the deposite at New Orleans. In answer to this letter, you will permit me to observe, that, in the conference referred to I had the honor to exhibit to you the full powers of my sovereign, in which he authorizes me to negociate, adjust and sign a treaty, or convention, with the United States, in which should be arranged not only the indemnities due to the subjects and citizens of both nations, for the injuries they had suffered from the last war between his majesty and Great Britain to the present, in contravention of the law of nations, and the existing treaty between the two powers, but also to fix the respective limits to the satisfaction of both. The intention of his majesty (and in this I believe the two governments agree) is no confined to a partial arrangement, which might hav in existence the disagreements which have unhap- Pensacola, which was the key of the Gulf of Mexi pily arisen between them from the effect of circum-co, the best port of that Gulf, and which was the stances. His majesty, fully convinced that no treaty more necessary to his majesty for the security o or convention can be durable, unless it is founded his possessions; but that, in the mean time, if you in equality and mutual convenience, has particularly should propose to me, on the part of this governdirected me, that keeping in mind the reciprocal, ment, to make the Mississippi the frontier, I should political and commercial interests, which unite the see in that proposition a disposition on the part of two nations, I should so adjust the definitive ar- the United States to offer some equivalent, and I rangement with the person whom the president would recommend it to the consideration of his mashould authorize to that effect, that no controversy jesty as a fixed and stable limit, to assure the peace could ever again arise between them. and tranquility of the two nations. I cannot conceal from you, that, to arrive at I hope that you will recognise in this exposition this end, it is indispensable to begin by amicably the sincerity and ingenuousness with which I prodiscussing and agreeing upon the rights of each of ceed, and that you will, on a view of it, adopt, of the two powers, and that the result of this discussion the two modes proposed for setting on foot the is, what ought to guide us in arranging the indem- negociation, that which will be most agreeable to nities and fixing the limits which may be just and the United States. The first, that is to say, that of mutually convenient to the two nations. You had discussing and agreeing upon the reciprocal rights the goodness to say to me, that this method had and pretensions of the two nations, is the safest, and been adopted by you and Mr. Cevallos, and that, if that which ought to conduct us with the greatest we renewed it, precious time would be lost without precision, to the indemnities and to the establishour being able to agree. In such a dilemma, and ment of limits between them, since nothing is more anxious to contribute on my part to accelerate the easy than that, each point of justice being agreed negociation, I took the liberty to propose to you the upon, the equivalent to it should be arranged upon only other method which appeared to me to exist, principles of equality and reciprocal convenience. besides the one which I have just mentioned, to The second is shorter, but it requires a relinquisharrange these differences, which is this: that the ment of all views of aggrandizement on both sides, two powers, throwing off all idea of aggrandize and that each government, adopting as a basis the ment, and sacrificing resentments and complaints uti possidetis, either of the year 1792, which is the of little importance, should proceed, with good one fixed on by the allied courts in the general faith, to fix limits between them which should be pacification for the recognition of the right of promutually convenient, which should not be liable to perty in their possessions, or that of the year 1763, Controversy, or be unknown to, or violated by, the after the conclusion of the treaty of peace between respective subjects of each. Spain, France and England, in which treaty the You did me the honor to applaud a proposition limits of their provinces were fixed, and the two so frank and liberal, s dictated by equity and good Floridas were separated, the East from Spain and faith and made known to me, with the same the West from France, by transferring them in full frankness, that the United States desired to unite sovereignty to England, they may come to a just to its dominions all the territories which belong to and friendly understanding, so as to do away these Spain to the east of the Mississippi; and that, for disagreements. I am ready to discuss with you in them, they would offer to Spain those which were the firs mode just referred to. I am, also, ready to between the rio del Norte and the Colorado. But treat with you by adopting the second: and I flatter as not only these lands, but all those which lie be- myself that I shall, in either case, give you proofs tween the Colorado and cape North, drawing a line that I will not depart from what is due to justice, by the river Mrmento, or Mermentao, towards the equity, and the mutual convenience of the two naPresidio of Adais, and from thence by the Arroyo tions. I renew to you, &c. Onda towards Natchitoches, are a part of the pro vince of Texas, belonging to, and in the uninterrupted. possession of his majesty, without there having been, Copy of a letter from the secretary of state, to the in relation thereto, any dispute between France and Chevalier de Onis, dated Spain, that dispute being solely as to Natchitoches, DEPARTMENT OF STATE, Jan. 25, 1817. which fort the French raised, unjustly, in the terri- SIR-I have had the honor to receive your lettory of his catholic majesty; it results that this pro-ter of the 16th, in reply to mine of the 14th of this position not only does not offer compensation to month. Natchitoches. LUIS DE ONIS. his m jesty for West and East Folorida, whose It having been the invariable desire of the United cession the United States intimate would be very States to settle all differences with Spain on just agreeable to them, but it involves the relinquish- and fair conditions; it is seen with much regret, ment of the property and possession which his ma- that a similar disposition is not manifested on the jes y has of the territory in the province of Texas, part of your government. which lies between the Colorado and the vicinity of Finding by your letter, that I had distinctly understood the views of your government, as explained To prop sitions so distant from the equality and by you, in our late conference, and stated in my last recip ocal convenience in which we have agreed to letter; and perceiving also, that you still adhere to treat these affairs, I answered, that, as the powers those views, which, being altogether inconsistent of his majes y had been hastily sent to me, by Mr. with the rights of the United States, are inadmissiCevallos, to take advantage of the departure of Mr. ble; I have to repeat, that this government has no Brent, I have not received express instructions motive to continue the negociation, on the subject ouching the entire cession of the two Floridas, of boundaries. which the United States wished: and, although they In making this frank declaration, I cannot avoid prove to me the desire of his majesty to accommo- expressing my surprise, that you should now find date them in all arrangements which may be com-it necessary to refer again to your government, for patible with his interests, I saw myself obliged to instructions on any part of this subject. These wait for mstructions on this poin, of so much the differences have long existed, and, as far back as greater importance, as it relates to the cession by 1805, were fully discussed, as you readily admitted, his majesty to the United States of the port of in every circumstance appertaining to, or connected with them, in a special mission to Madrid for the fcidental circumstance of Mr. Brent's having taken On If I might be permitted to conjecture the motives examining, however, the tenor of your commission, which have induced his majesty to transfer the neand the communications between Mr. Erving and gociation here, I believe I should not mistake in Mr. Cevallos, both of which seemed to contemplate designating, as the principal one of them, the knowa prompt conclusion of the business here; the idea ledge his majesty has of your talents, of your justice, now brought forward in your letter, of a further re-(justification) and of the conciliatory disposition sort to your government for other instructions, was which you manifested in your conferences with Mr. surely the last to enter into the anticipations of this Cevallos, to concur in the settlement of these discussions; and, as the second, this: that, in the mogovernment. It is proper to add that I understood you to con-ment of the arrival of the queen, his august spouse, ceive in our late conference, fully with me, in the and of the festivities incident to this happy event, sentiments, that any further discussion of subjects, his majesty could not give the attention which was which had been already so often discussed and com-requisite to these affairs, which he considered of the pletely exhausted, would be useless, since it could first importance. You are too just not to appreciate not be presumed that any change of opinion on any these motives, and not to see in them any thing but point, would take place on either side. Each party a new proof of the anxiety of his majesty to avoid all understands its rights, and has, doubtless, made up its mind as to the conditions it is willing to adopt. To those suggested by you, as being worthy the consideration of your government, this government cannot agree. Under these circumstances I have again to request that you will do me the honor to inform me, whether you are willing to conclude a convention, to provide indemnity for spoliations, and the suppression of the deposite at New-Orleans as mentioned in my last letter. I have the honor to be, with the most perfect consideration, sir, your very obedient servant, JAMES MONROE. [Translation.] Mr. Onis to the secretary of state. 10th February, 1817. delay or inactivity. The president, informed by you of these motives, will, I flatter myself, form the same opinion, and see the necessity of my waiting for the necesary instructions from my sovereign, before I subscribe to the points which ought to form the basis of this treaty. The short delay which may result from this, will be amply compensated for and with mutual advantage, if you would place me in a situation to inform my government of the principal points on which the government of the United States wish to see this negociation turn. You know that as yet you have only made known to me, in our first conference, that if we were to go into a discussion of the rights of the two powers, as was done by you and Mr. Cevallos, much time would be lost, and You know each of us would retain his opinion. that I agreed to this: but at the same time intimat ed, that I saw no other more certain mode of accomSIR-I have received the official letter which you plishing the object which the two powers had in did me the honor to address to me, under the date view, since it must be with a knowledge of the resof the 25th of last month, stating that notwithstand-pective rights of each party that we ought to begin ing the desire the president had to adjust all dif-in fixing the indemnities and compensations, which ferences between Spain and the United States on belonged to each, on the principles of equity, just conditions, and to their mutual convenience, it justice, and convenience; and that the only way of would be, that the two powers, giving up all prewas seen, with great regret, that a like disposition avoiding this and of shortening the negociation, was not manifested on the part of Spain. You support this opinion on the ground that I ad- tensions and all idea rivalship or aggrandisement, here to the same sentiments which my government should agree between themselves, in good faith, to manifested in former times; and also, that the pre-fix their limits according to equity, justice, and sident, seeing the powers with which his majesty mutual convenience, so that they should not be iihad been pleased to honor me, could not compre able to be violated by the subjects of the one hend why I should think it necessary to recur to my or the other, and in a way to avoid the renewal of You will the complaints which had given rise to misunderSovereign to obtain new instructions. permit me to observe, that the number of privateers standings. You approved an idea so liberal, so gearmed in the ports of this country, to cruise under nerous and so demonstrative of the disposition of an unknown flag against the Spanish commerce, have the king, my master, to accommodate the United obstructed in such a manner the communications States in whatever might be agreeable to them, it between the peninsula and these states, that the ac- not incompatible with his interests; and, in conse. in existence the disagreements which have unhap- Pensacola, which was the key of the Gulf of Mexipily arisen between them from the effect of circum-co, the best port of that Gulf, and which was the stances. His majesty, fully convinced that no treaty more necessary to his majesty for the security o or convention can be durable, unless it is founded his possessions; but that, in the mean time, if you in equality and mutual convenience, has particularly should propose to me, on the part of this governdirected me, that keeping in mind the reciprocal, ment, to make the Mississippi the frontier, I should political and commercial interests, which unite the see in that proposition a disposition on the part of two nations, I should so adjust the definitive ar- the United States to offer some equivalent, and I rangement with the person whom the president would recommend it to the consideration of his mashould authorize to that effect, that no controversy jesty as a fixed and stable limit, to assure the peace could ever again arise between them. and tranquility of the two nations. I cannot conceal from you, that, to arrive at I hope that you will recognise in this exposition this end, it is indispensable to begin by amicably the sincerity and ingenuousness with which I prodiscussing and agreeing upon the rights of each of ceed, and that you will, on a view of it, adopt, of the two powers, and that the result of this discussion the two modes proposed for setting on foot the is, what ought to guide us in arranging the indem-negociation, that which will be most agreeable to nities and fixing the limits which may be just and the United States. The first, that is to say, that of mutually convenient to the two nations. You had discussing and agreeing upon the reciprocal rights the goodness to say to me, that this method had and pretensions of the two nations, is the safest, and been adopted by you and Mr. Cevallos, and that, if that which ought to conduct us with the greatest we renewed it, precious time would be lost without precision, to the indemnities and to the establishour being able to agree. In such a dilemma, and ment of limits between them, since nothing is more anxious to contribute on my part to accelerate the easy than that, each point of justice being agreed negociation, I took the liberty to propose to you the upon, the equivalent to it should be arranged upon only other method which appeared to me to exist, principles of equality and reciprocal convenience. besides the one which I have just mentioned, to The second is shorter, but it requires a relinquisharrange these differences, which is this: that the ment of all views of aggrandizement on both sides, two powers, throwing off all idea of aggrandize and that each government, adopting as a basis the ment, and sacrificing resentments and complaints uti possidetis, either of the year 1792, which is the of little importance, should proceed, with good one fixed on by the allied courts in the general faith, to fix limits between them which should be pacification for the recognition of the right of promutually convenient, which should not be liable to perty in their possessions, or that of the year 1763, Controversy, or be unknown to, or violated by, the after the conclusion of the treaty of peace between respective subjects of each. Spain, France and England, in which treaty the You did me the honor to applaud a proposition limits of their provinces were fixed, and the two so frank and liberal, »s dictated by equity and good Floridas were separated, the East from Spain and faith and made known to me, with the same the West from France, by transferring them in full frankness, that the United States desired to unite sovereignty to England, they may come to a just to its dominions all the territories which belong to and friendly understanding, so as to do away these Spain to the east of the Mississippi; and that, for disagreements I am ready to discuss with you in them, they would offer to Spain those which were the firs mode just referred to. I am, also, ready to between the rio del Norte and the Colorado. But treat with you by adopting the second: and I flatter as not only these lands, but all those which lie be-myself that I shall, in either case, give you proofs tween the Colorado and cape North, drawing a line that I will not depart from what is due to justice, by the river Mermento, or Mermentao, towards the equity, and the mutual convenience of the two naPresidio of Adais, and from thence by the Arroyo tions. I renew to you, &c. Onda towards Natchitoches, are a part of the pro vince of Texas, belonging to, and in the uninterrupted LUIS DE ONIS. Chevalier de Onis, dated possession of his majesty, without there having been, Copy of a letter from the secretary of state, to the in relation thereto, any dispute between France and Spain, that dispute being solely as to Natchitoches, which fort the French raised, unjustly, in the territory of his catholic majesty; it results that this pro-ter of the 16th, in reply to mine of the 14th of this posi ion not only does not offer compensation to month. his majesty for West and East Folorida, whose It having been the invariable desire of the United cession the United States intimate would be very States to settle all differences with Spain on just agreeable to them, but it involves the relinquish and fair conditions; it is seen with much regret, ment of the property and possession which his ma- that a similar disposition is not manifested on the jes y has of the territory in the province of Texas, part of your government. which lies between the Colorado and the vicinity of Natchitoches. Finding by your letter, that I had distinctly understood the views of your government, as explained To prop sitions so distant from the equality and by you, in our late conference, and stated in my last recip ocal convenience in which we have agreed to letter; and perceiving also, that you still adhere to treat these affairs, I answered, that, as the powers those views, which, being altogether inconsistent of his majes y had been hastily sent to me, by Mr. with the rights of the United States, are inadmissiCevallos, to take advantage of the departure of Mr.ble; I have to repeat, that this government has no Brent, I have not received express instructions motive to continue the negociation, on the subject ouching the entire cession of the two Floridas, of boundaries. which the United States wished: and, although they In making this frank declaration, I cannot avoid prove to me the desire of his majesty to accommo- expressing my surprise, that you should now find date them in all arrangements which may be com-it necessary to refer again to your government, for patible with his interests, I saw myself obliged to instructions on any part of this subject. These Wait for mstructions on this poin, of so much the differences have long existed, and, as far back as greater importance, as it relates to the cession by 1805, were fully discussed, as you readily admitted, is majesty to the United States of the port of in every circumistance appertaining to, or connected with them, in a special mission to Madrid for the fcidental circumstance of Mr. Brent's having taken purpose. It was hoped and expected, on the restora- charge of the duplicates of his majesty's powers, tion of the diplomatic intercourse between the two has alone obtained for me the receipt of them, and nations, that you would have been invested with that I am even yet without the originals: with which, full power to settle them; and it was in accord with doubtless, his majesty sent me instructions, and your views, when this was found not to be the case, communicated to ine his reasons for transfering the that the requisite authority was given to the minis- negociation here. I can assure you I am entirely ter plenipotentiary of the United States at Madrid. ignorant of what has passed in Madrid between Mr. It could not have been doubted, as your govern Erving and Mr. Cevallos, and that I am not less so ment had not authorized its minister here to bring of the motives which have induced his majesty to these controversies to a conclusion, that the minis transfer the discussion here, notwithstanding I had ter of the United States would have been promptly informed him, that I had myself proposed to you met in his offers to effect it at Madrid. I need not that authority and instructions should be given to repeat to you the great disappointment which the Mr. Erving in relation to it, it being clear to me, president felt, when, after the lapse of so much that his majesty desired nothing with more anxiety time, he was informed, that an expression of regret than to see an affair terminated, which must be the in my letter to you of the 10th of June, at the delay precursor of the reciprocal intimacy, which should resulting from your want of powers, and from the be established between the two governments, for the necessity of transferring the negocia ion to Madrid, mutual benefit of their respective subjects and citi. had been misconstrued into a desire that it should zens. be transferred again to the United States. On If I might be permitted to conjecture the motives examining, however, the tenor of your commission, which have induced his majesty to transfer the neand the communications between Mr. Erving and gociation here, I believe I should not mistake in Mr. Cevallos, both of which seemed to contemplate designating, as the principal one of them, the knowa prompt conclusion of the business here; the idea ledge his majesty has of your talents, of your justice, now brought forward in your letter, of a further re- (justification) and of the conciliatory disposition sort to your government for other instructions, was which you manifested in your conferences with Mr. surely the last to enter into the anticipations of this Cevallos, to concur in the settlement of these disgovernment. cussions; and, as the second, this: that, in the mo It is proper to add that I understood you to con-ment of the arrival of the queen, his august spouse, ceive in our late conference, fully with me, in the and of the festivities incident to this happy event, sentiments, that any further discussion of subjects, his majesty could not give the attention which was which had been already so often discussed and com-requisite to these affairs, which he considered of the pletely exhausted, would be useless, since it could first importance. You are too just not to appreciate not be presumed that any change of opinion on any point, would take place on either side. Each party understands its rights, and has, doubtless, made up its mind as to the conditions it is willing to acopt. To those suggested by you, as being worthy the consideration of your government, this government cannot agree. Under these circumstances I have again to request that you will do me the honor to inform me, whether you are willing to conclude a convention, to provide indemnity for spoliations, and the suppression of the deposite at New-Orleans as mentioned in my last letter. I have the honor to be, with the most perfect consideration, sir, your very obedient servant, JAMES MONROE. [Translation.] Mr. Onis to the secretary of state. 10th February, 1817. these motives, and not to see in them any thing but a new proof of the anxiety of his majesty to avoid all delay or inactivity. The president, informed by you of these motives, will, I flatter myself, form the same opinion, and see the necessity of my waiting for the necesary instructions from my sovereign, hefore I subscribe to the points which ought to form the basis of this treaty. The short delay which may result from this, will be amply compensated for and with mutual advantage, if you would place me in a situa tion to inform my government of the principal points on which the government of the United States wish to see this negociation turn. You know that as yet you have only made known to me, in our first conference, that if we were to go into a discussion of the rights of the two powers, as was done by you and Mr. Cevallos, much time would be lost, and each of us would retain his opinion. You know that I agreed to this: but at the same time intimat ed, that I saw no other more certain mode of accomSIR-I have received the official letter which you plishing the object which the two powers had in did me the honor to address to me, under the date view, since it must be with a knowledge of the resof the 25th of last month, stating that notwithstand-pective rights of each party that we ought to begin ing the desire the president had to adjust all dif-in fixing the indemnities and compensations, which ferences between Spain and the United States on belonged to each, on the principles of equity, just conditions, and to their mutual convenience, it justice, and convenience; and that the only way of was seen, with great regret, that a like disposition avoiding this and of shortening the negociation, was not manifested on the part of Spain. would be, that the two powers, giving up all preYou support this opinion on the ground that I ad- tensions and all idea rivalship or aggrandiseinent, here to the same sentiments which my government should agree between themselves, in good faith, to manifested in former times; and also, that the pre-fix their limits according to equity, justice, and sident, seeing the powers with which his majesty mutual convenience, so that they should not be lihad been pleased to honor me, could not compre. able to be violated by the subjects of the one hend why I should think it necessary to recur to my or the other, and in a way to avoid the renewal of sovereign to obtain new instructions. You will the complaints which had given rise to misunderpermit me to observe, that the number of privateers standings. You approved an idea so liberal, so ge armed in the ports of this country, to cruise under nerous and so demonstrative of the disposition of an unknown flag against the Spanish commerce, have the king, my master, to accommodate the United obstructed in such a manner the communications States in whatever might be agreeable to them, if between the peninsula and these states, that the ac-not incompatible with his interests; and, in conse. |