ed from each other by a luminious space, and the will forthwith furnish all the facilities in his power argest of which terminates in a point at its upper to release Fant and others from their present condi extrémity, and crenated at its lower. Between thision, by calling on the local authorities of Canada. vast apparent abyss and the eastern edge of the sun there are several asperities, below which four small black spots are seen, and six above, CHRONICLE. We learn that Mr. Rush, late attorney general of the U. S. will succeed Mr. Adams as our minister at London, and that until the return of Mr. A. he will have charge of the department of state. Besides this, the president will employ a special messerger to traverse the wilderness and search after those unfortunate captives who are deprived of liberty, by risking their lives in defence of their country.-Argus. Quebec, Feb. 26.-Castle of St. Louis.-A report having reached his excellency the governor in chief that an American citizen named Thomas Vance or Vant, who was taken prisoner in the action at river Raisin, on the 22d June, 1813, is detained in captiviIt is stated that a party of lower Creeks have ty by an indian in Quebec, or its vicinity, and his exkilled and scalped a woman and two children in St. cellency having caused every inquiry to be made, Mary's county, Geo. though without success, to discover the said AmeMany barges and boats left Cincinnati on the 1st.rican citizen, has directed a public notice to be here. of March, the ice in the river being broken up, la- by given that if the said Thomas Vance or Vant is den with flour &c. for New Orleans. in any part of the province in captivity and will The assembly of New York, by a large majority, make known his situation to his excellency, measures has passed the bill declaring all negroes and mulat-will be taken for his immediate release and restotoes and mustees within that state, to be free after ration to his friends.--And any person possessing the 4th of July 1827. information respecting the detention or present situ An Havana paper of Feb. 15, mentions the arri-ation of the said Thomas Vance or Vant, are reval there of three vessels from Africa with upwards quested to communicate the same to his excellency, of 1200 slaves!-Surely this dreadful traffic must By his excellency's command, have an end. B. Smead, of Bath, has announced his having in the press, a pamphlet of sixty pages, entitled "Causes of the destruction of the American towns on Niagara frontier, and failure of the campaign of 1813 by George M'Clure, brigadier-general of the New York Militia. ANDREW WM. COCHRAN, Secretary. The laurel. We have had the pleasure to notice many of our heroes reposing on their laurels won in the late war-and maj. gen. Scott has just married Miss Mayo, at Richmond, and capt. Warrington, of the navy, united his fortune with that of Miss King, of Norfolk. Who does not "wish them joy?" The Carlisle convention.-A strange error and Specie. The arrival of Mr. Sergeant, an agent omission occurred in our last number in an attempt from the bank of the United States, is mentioned in to give an account of the proceedings of the con- the London papers-and dollars are said to have vention at Carlisle, Pa. for the nomination of a risen in consequence. But we think we have seen suitable person to be supported by the "Indepen- the arrival of at least a million, at various ports of dent Republicans" of that state for governor, at the United States, mentioned within the last two the ensuing election. Such things are among the weeks, apparently reaching us in the regular course "miseries" of editors. The article ought to have of trade. read thus Treaty with Sweden.-There is a report that the senate refused to ratify the treaty with Sweden, concluded by Mr. Russell. "There has also been a convention at Carlisle for the same purpose-present, delegates from thirteen counties and the city of Philadelphia. Thomas For- Sagacity of a dog.-Yesterday, a small dog fell rest in the chair; Hamilton Humes and F. A. Muhlen into the river at Coenties slip (New-York) and went berg, secretaries. An examination into the election of down with the tide, yelling for assistance. A large the delegates being had, Joseph Heister, Dr. George water dog jumped into the river from a vessel, Logan, Andrew Gregg, Presley C. Lane, Isaac seized the one in distress by the ear, and brought Weaver and John Steel, were put in nomination, him within the reach of several by-standers on the but all withdrawn except the first named, who was dock, who pulled him out of the water; and the dog, agreed upon unanimously to be recommended to refusing assistance, swam back to the vessel he had the freemen of Pennsylvania for their support at left. [New York paper. the election in October next. The lines and words in italic were left out, or transposed from their proper places, and the paragraph was made to say that Mr. Muhlenberg, in. stead of Mr. Heister, had been agreed upon as the candidate for governor. INDIAN CAPTIVITY. Relations with Spain. [CONCLUDED FROM PAGE 25.] Translation of a letter from Mr. Onis to the secretary of state, last month, in answer to mine of the 30th December and 20 Janu mentioned above. Extract of a letter from col. Richard Johnson to his friend in Scott county, dated January 29. Dear Sir-We have received information from geveral gentlemen in Kentucky, that one of our citizen soldiers has lately returned from indian сарtivity, and has given information that a number of have confined myself to bringing forward the complaints of his You state that the president would have wished that I should not our fellow-citizens remain behind in the same situ- majesty, but should have likewise proposed a reparation for those ation, captives to the indians, and that our neighbor of the United States against Spain. Fant, the musician, was near Quebec held as the pro- have been definitively arranged and settled, if the diplomatic re The claim for damages and injuries, of which you speak, would perty of an Indian in the British service, as a musi-lations between the two powers had not been interrupted since cian. I have seen the president and the secretary and know, that this interruption ought not to be imputed to Spain; the memorable epoch of 1808; and this government cannot bus most of the members from Kentucky, who have tak- his majesty having made, from that time, the greatest efforts to en an interest in this thing. Col. Monroe has made maintain them pure and unaltered: a communication of these facts to Mr. Bagot, who sired nothing so anxiously, as to satisfy the United States for every I have assured you verbally and in writing, that his majesty de Injury they may ay have received from Spain, and to proceed to give again took refuge in the territory of this union-where they are now this satisfaction with that generosity and high sense of honor endeavor.ng to raise new forces to repeat the same excesses. Toledo which have at all times distinguished the Spanish character, and Bernardo Guiterrez, doctor Robinson, and their followers, to this which have always shone conspicuously in the conduct of the go-time, move about with impunity in Louisiana, and even in the city vernment of the king my master: But all these points, as being of New-Orleans itself. The infraction of the laws of the United anterior to the epoch I have mentioned in my notes, and since then States, and the violation of the dignity and honor of the American pending between the two cabinets, ought to be the object of a par- people, of which they are guilty, is public and notorious, net only, nicolar negociation; and nothing is more natural or more conformin this country, but in the whole world. I stated to you in addition, able to justice and good faith, than that, for facilitating this very on this point, that the ringieaders I had named to you were ex negociation, the state of things between the two nations should be peeting considerable reinforcements from Kentucky and Tennes reduced to the same footing on which it was at the epoch referred see, to undertake a hostile expedition against the neighboring pos to, since, from that time, there has neither been any official cor- sessions of my sovereign; and that I had advised that these reir respondence between the two governments, nor have the United forcements, composed of American citizens, were raised for the States received the least injury from Spain; and, if they have re- purpose of uniting with them. You were pleased to state to me, in reply on this point, that the ceived any, it has been contrary to the will of his majesty, and without his knowledge. Of this class, without doubt, is that which president had determined not to take any part in the disputes you mention in your note above cited, that is, that British troops which had arisen between his catholic majesty and the revolted and agents had been introduced into Florida, and had communica provinces on this continent; and that, in conformity to this system, tion with the Indian enemies of this republic in its last war with the governors of different states, as well as the president himself, Great Britain. The rigorous neutrality which his majesty has ob- bad issued repeated proclamations, directing that all those who set served in the island of Cuba, East Florida, and his other possessions, on foot, or promoted the recruiting of adventurers, with the de ought to convince the president that the governor of West Florida sign of invading the possessions of his catholic majesty, should be (who is, I suppose, the person to whom you allude) had like orders prosecuted according to law; that the information received ar your with the other chiefs, to observe the most strict neutrality, and, if department from very respectable persons, is, that the fore col-, he has failed in obeying them, he would have been severely chas-lected by Toledo, is very inconsiderable, and composed principally tised, had you given to me the least intimation as to his conduct. of Frenchmen and Spaniards, without the territory of the United I will now pass to the second object of which your letter treats States, where their laws do not reach; that my statements on this that is to say, to the resolution which this government has taken point are not circumstantial, and that as soon as I pointed out on the three points stated in my letters of the 30th December and American citizens, who promoted the expeditions, collected the troops or facilitated the supplies to which I referred, and if these January. The first was confined to a request that in conformity to the collections of troops, &c. were in the territory of this union, they principles I have stated; that is, that the affairs between the two should be immediately dispersed and the persons implicated should nations should be placed on the same footing they were before the be prosecuted according to law. To satisfy you on this point, with that simplicity and candor interruption of the diplomatic relations between them, his majesty should be put in possession of that part of Florida which the troops which belongs to me, I will divide into two classes these seditions of the union had occupied. You were pleased to state, in reply, persons of whom I have spoken to you in my notes. I will include that this government, believing that it had a well founded right not in the first class, Toledo, Bernardo Gutierrez and Dr. Robinson, only to the part of West Florida which their troops had occupied. as violators of the laws of the neutrality of the United States, an but to a greater extent of territory, comprehended in the limits of infraction se notorious, and so evident, that I should do wrong to the vice-royalty of Mexico, had judged that with the same propriety detain you in referring to the innumerable acts which demonstrate that the king, my master, occupied those possessions, the United it in an incontestible manner. It is known to you, to your govern States might retain that part of West Florida they held, until it ment, and to the whole country, that with the troops they indivi dually raised three years ago in Louisiana, they marched in miliwas decided by a friendly convention to whom it belonged. Permit me to observe that there is no parity in the cases. The try array, to invade the internal provinces of the vice-royalty of country to which you allude, extending to the rio Bravo, or del Mexico; the horrible assassinations they committed, particularly Norte, has been under the dominion of Spain, not only before and those by Bernardo Gutierrez, at St. Antonio de Bexas, are knowle since France ceded Louisiana to his majesty by the treaty of 1764, And finally, it is known, that being defeated by the troops of the but from the time of the discovery and conquest of Mexico, without king, my master, they took refuge again in this country, and that ever having passed by treaty to any other nation; whereas the the government of Louisiana permitted them to remain undisturbed Floridas ceased to be a French or Spanish possession, and passed in the very territory whose neutrality they had violated. This into the hands of England, under the name of East and West Flo- single fact is, in my opinion, a sufficient reason why the law should rida, in the year 1763. They remained under the power of his Britake hold of them, before they leave the jurisdiction of the United tannie majesty, as such, until the year 1783, when, by conquest, States, to renew melancholy scenes. But I will give to you even the Spanish arms, and by solemn treaty, they passed under the do-new proofs, that these high-way robbers have not ceased from that minion of his catholic majesty. From this you will infer that, be the time to concert and realize new projects against the tranquility of interpretation which may be wished to be given to the treaty of the inhabitants of the dominions of the king my master. The annexed copies, marked No. 1, 2 and 3, of intercepted letretrocession of Louisiana, made between France and Spain in 1800, what it may, the two Floridas can never be directly or indirectly ters from Toledo, which have been officially sent to me, prove be included in it; first, because these provinces being in the legitimate yond doubt, that Toledo had armed in New Orleans, three vessels, possession of England from the year 1763 to the year 1783, France which he carried arms and munitions of war, to give support to the insurrection in Mexico; and that he returned to that city, would not cede them to Spain by the treaty of 1764-nor Spain re bringing back with him Herrera, who calls himself minister plenitrocede them to France, not having received them from her, unless potentiary, from the revolted provinces to this government. You there should have been an article on this point, in which express will see, with surprise, that Toledo, not content with thus openly and direct mention was made of the cession; and secondly, because the two contracting parties (Spain and France) have declared in violating the most sacred laws of neutrality of this conft deration, the most solemn manner, the first, that she did not cede to France had the impudence to prostitute the respectable name of this go any part of the Floridas-the second, that she had not acquired vernment, by asserting, in one of his said letters, that the United States only waited the arrival of the minister of the revolutionists them by the traaty of St. Ildefonso, or of retrocession of 1800; nor of Mexico, to acknowledge its independence. The other ring-leaders had had the least intention to set up a claim to them. You know have done the same thing to deceive adventurers, both in and out very well, that, according to all the acknowledged principles of of Mexico, and even citizens of the United States, seducing them justice, no one can be put out of the possession of what he holds, by false assurances, that their government was decided to support. until the right of the person who claims it shall be proved and recognised; and that, by a natural consequence of this principle, Spain them, and that it would proceed immediately to recognize, a independent power, that band of high-way robbers and insurgents. having been in possession of West Florida when the United States From the extract of a letter from a person of the greatest veracity laid claim to it, it is proper she should keep it until this republic and the best character, now forwarded to you, marked No. 4, you shows a better right-which ought to be done in a friendly negoci will observe, that Toledo had deferred his expedition against the ation between the two powers; and that it would be anticipating provinces of the king my master, as I stated to you in ny note of the negociating to begin by taking possession of the territory, the the 2d January, as the thousand men he expected from Kentucky, right to which so far as it respects the United States, ought to be and the three hundred from Tennessee, could not form a junction the object of the negociation itself. These are the grounds which with him in less than twenty-four days; and in Nos. 5 and 6, you support the first demand I made on you, in the name of his majesty, will see this information confirmed under a posterior date, advising in my letter of the 30th December, and I flatter myself, that, refiect me, that a number of Americans came down from the states adjaing on facts so well known, you cannot do less than consider them cent to Louisiana, to join the expedition which Toledo had concerted; and that he (Toledo) would carry with him engineer Laford, Savary and one Soubenet. just. I pass now to the second point; this is confined to asking the punishment, according to law, of those turbulent and seditious indiYou will also learn, that provisions and a Carthagenian flag were viduals, who have taken up arms within the territory of this con- sent to the American brig, the Tom Bowline, from New-York, at federation, and from thence, carrying desolation, destruction, and the moment of her arrival at the Balize, by a gun-boat of the United horror into the frontier provinces of the crown of Spain; and not States, with the object, it would seem, of convoying with her the content with the atrocities they have heretofore committed, they vessels which should sail from New-Orleans with munitions of war are now actually engaged in recruiting troops, and preparing ar for the establishment at the new port of Tampica; that they had maments in the bosom of this country, again to invade these pro- purchased, in New-Orleans itself, five other schooners, which they vinces. I have named the ringleaders of these rebels, who have vio-are actually arming to eruize against the Spanish commerce; and inted the neutrality and the most sacred laws of the United States, that it appears that Mr. John K. West, merchant of that place, is the by the well knows, fact, of their having armed in their territory, agent for these vessels; and finally, that in that city there has been and marched from thence in military and hostile array, to subvert a revolutionary juata, at the head of which is Toledo and Herrera, the peace and good order of the dominions of the king my master. from which has issued the wicked decree mentioned in these letters, I have named Toledo, Bernardo Gutierrez, doctor Robinson, and that four honorable Spaniards should be put to death for every hers, who perpetrated the horrible deeds at St. Antonio de Besas; revolutionist punished by the established laws of the monarchy of to recruited their troops in Louisiana, and even in the limits of the king my master. New-Orleans, and proceeded from thence, as an amy, to assault th province of New Mexico; who committed there outrages never rand of even among sayage tribes; and who, after being definto As respects doctor Robinson, it is notorious that he has been one of the most infuriated enemies of Spain, and the one who has, with the greatest cagerness, promoted the rebellion of the provinces of bis majesty. It was he who introduced himself into the internal my master, to maintain and to strengthen the ties of friendship and provinces to seduce their inhabitants-it was he who sowed the good understanding with these states. seeds of insurrection-it was he who procured intelligence in Saint At the conclusion of your note, which I am now answering, you Antonio de Bexas for Bernardo Gutierrez, that he might possess are pleased to make known to me that this government is anxious bimself of the place, and afterwards murder fourteen Spanish chiefs to terminate, by means of a friendly negociation with the king -and it was he who published in these United States proclama- my master, all pending differences, and that it will be very satis tions, signed with his hand, inviting adventurers from all parts to factory to the president to know that I am vested with powers to form an army, pointing out the places of enlisting men, and the that effect. I have not lost any time in communicating to my pay of those enlisted: and, in one word, declaring war himself, in a sovereign this desire of the president, and I will have the satisfaccertain mode, against the Spanish nation, from the very bosom of tion of announcing to you what his majesty may determine on this this republic, as you will find more in detail in the authenticated point: nevertheless, I ought to state to you, (although it would be copy (No. 7) which accompanies this, the original of which is in highly flattering with me to treat with you, as your penetration my possession. and rectitude would facilitate the arrangement of these affairs,) "I include in the second class those individuals who, seduced by yet it appears to me, that, as Mr. Erving has not yet sailed from the imposture of the principal authors of these hostile expeditions, the United States, that the business would be expedited if the have assisted, from the bosom of this republic, the revolutionists of president would give him power and instructions to terminate Mexico, some by furnishing them arms and munitions of war, others the negociations at Madrid. This arrangement cannot present by enlisting themselves, in this country, in the army of the insur- great difficulties; the respective rights of each power being once gents, which passed over to subvert all order in the provinces of the settled by common agreement, a friendly understanding being had king my master. In this number are those other persons, whom I on each point in discussion, and it being determined what are the. have mentioned to you in this and my former notes. The informa- reciprocal obligations of Spain and the United States, they would tion which I gave you respecting some persons who were prepar- be still further obviated if you would have the goodness to inform ing hostile expeditions from Georgia, against the possession of the me, frankly and plainly, as I requested in a former letter, what king my master, you will find established, officially, by the govern- are the pretensions of right, which the United States have against or of East Florida, in his letter (No. 8) which accompanies this; in Spain, and what are those for their own convenience, which they which he advises me, that John M'Intosh and William Crinch, who desire to realize for an equivalent which may be advantageous to supported the last insurrection in that province, in the year 1812, the two nations, to the end that, with the knowledge I have are now recruiting in Georgia, a considerable number of vagabonds, acquired of the mutual interests of both, I may recommend to the again to invade the territory under his command. attention of his majesty these particular points. I renew to you my respects, and pray God to preserve your life many years. (Signed) LUIS DE ONIS. I flatter myself that this series of acts, so circumstantial, the information of which has been acquired through channels so respectable, will be sufficient to eall the attention of the president to the necessity of cutting up by the roots these melancholy abuses, and to shut the door against the continual violent movements of these turbulent people, who from the bosom of this republic, make war on a friendly and neighboring power. It has never been the intention of the king, my master, to request that the punishment of the laws should be inflicted on these disturbers of social order, when their guilt is not fully proven. On the contrary, I have informed you that the object of his majesty is not to take vengeance on these high-way robbers, but to shelter his subjects from their barbarity. His majesty has only thought proper to solicit from the rectitude and circumspection of this government, what might prevent the crimes which are meditated from taking effect, as other wise it might be too late to prevent them, as the offenders will be beyond the territory of a friend, and at a distance from the arm of the law. Good order requires, not only the offences already committed should be punished, but that those which are contemplated should be prevented: and this is the cas of the individuals I have comprehended in the second class. The personal knowledge I have of the rectitude of the president inspires me with a confidence that he will view the acts I have just stated, as I do; and, proceed ing in this particular case, with that integrity and humanity which is the most glorious distinction of the American character, he will be pleased to adopt those measures which he may believe most ana logous to the system which, you tell me, this government has adopt ed, not to mix in these dissentions, and not to permit the citizens of this republic to take part in them, nor to permit its territory to be a shelter to foreigners, who try to make war on a friendly To the third point in my notes, intended to solicit from your government, that vessels from the insurgent or revolted provinces of Spanish America, should not be admitted into the ports of the republic, as well because none of those provinces are recognized by any power in the world, as because the obligations of friendship and good neighborhood demand that we should not in any way conTribute to protect provinces or subjects who have revolted, you have been pleased to make known to me, that the president, observ ing the change of government which had taken place among the revolutionists in Spanish America, had adopted the measure of or dering the collectors of the customs to admit every description of vessel, without regard to her character or flag, provided she paid the duties, and observed the laws of the country during the time she was in port. power. With due respect for the measures adopted by the chief of this confederation, I cannot do less than state to you, that the changes of government which have taken place among the revolutionists of Spanish America do not appear to nie to afford a sufficient motive for altering the friendly conduct towards a power, with whom one is in peace and harmony. You cannot but know, that this measure places these factionists not only on a footing of equality with the Spanish nation, but gives them advantages over all independent powers, since, according to the laws of neutrality, the United States would not permit any independent nation to arm its vessels in their ports, nor to sell prizes in them as is permitted to these revolutionists. Philadelphia, 22d February, 1816. Department of state, June 10, 1816. Anxious as this government has been to terminate all differences with his catholic majesty, on conditions of reciprocal advantage, and with equal honor to both parties; it would have heen very satisfactory to the president, to have found that you had been vested with full power to negociate and conclude a treaty for these purposes. I have the honor now to state, that Mr. Erving, minister plenipotentiary of the United States to his catholic majesty, has been instructed on these important subjects; and that as the views of this government are just and liberal, a strong hope is entertained that your government, bringing to the negociation a similar disposition, will agree to such an arrangement as will be mutually advantageous and satisfactory to both nations. However agrerable it might be to leave these high concerns in this train, without further discussion here, it is nevertheless, proper to notice some passages in your letter of February 22d, not withstanding the clear light in which the subjects, to which they relate, have been placed in former communications. You intimate in your late letter of May 30th, a desire to receive a particular answer to that of February 22d, and it is just, that you should see, that my silence was imputable to the cause only, which is above suggested. You state that as that portion of Louisiana, which lies eastward of the Mississippi and the Iberville, had been ceded by France to Great Britain in 1763, and by Great Britain to Spain in 1783; it could not be comprised in the cession of Spain to France in 1800, nor of the latter to the United States in 1803; and you draw this conclusion from the supposed import of the term "retrocession" used in the two latter treaties; which you say, applies to that portion only which Spain had received from France. My interpretation of these treaties, taking into view so much thereof, as relates to this subject, is very different. As to the term "retrocession," it is evident, that it was not the intention of the parties, that it should have any effect whatever on the extent of the territory ceded. The import of this term is too vague, and the term itself was used in a manner too casual to admit such an inference, even had there been nothing else in the treaty between Spain and France of 1900, to show that the construction you contend for, is altogether inconsistent with the manifest intention of the parties. The import of this term would, in my opinion, be satisfied, if the whole province had passed in the first instance, from France to Great Britain, and been conveyed afterwards by Great Britain to Spain, and by Spain back again to France. In regard to France, this last conveyance would have been a “retrocession," as, by it, the territory would have been ceded back to her. It was very natural therefore, that this term should be used, being applicable in the most limited sense, in which it can be taken, to at least nineteen twentieths of the province, and in a qualified sense, to the whole. By the two acts of congress, one of the 28th of February, 1806, Had it been intended to exempt any portion of the province in and the other of the 24th of the same month in 1807, all commerce the possession of Spain, from the operation of the treaty of St. with the rebels of St. Domingo was prohibited at the request of Ildephonso, it would have been easy to have done it, and in a man France. As the treaties subsisting between Spain and the United ner to preclude all doubt of the intention of the parties. It might, States place Spain on the footing of the most favored nations, his for example have been stated, that Spain ceded back to France, majesty considers himself entitled to expect that this republic will such part of the province as France had ceded to Spain. A stipulanow adopt in his favor a like measure during the disturbance iation to this effect would have been concise, simple, and very perSpanish America, or for such other period as it may be considered spicuous; it would have rendered useless and unnecessary the other proper to designate. Such is the spirit in which I have made the provisions of the article, in regard to the point in discussion, and three requests to your government, stated in my former Hotes. for any purpose whatever, the first of those provisions; or they I hope that the present observations will merit a favorable reeep might have defined the extent of the cession by a natural boundary tion from the rectitude and wisdom of the president and yourself which would have been equally distinet and satisfactory. I have given an account to my government of all these particulars, Spain ceded to France all that portion of Louisiana, which hes sending it a copy of my notes, and of the answer I had the honor westward of the Mississippi, the Iberville and the lakes Maurepas to receive from you. And in the mean time I ought to reiterate and Pontchartrain, no controversy could ever have arisen between to you the most positive assurances of the disposition of the king, France and Spain, respecting the castern limits; 4 ♫ what Spain Had 1 France herself stood. kad ceded in that quarter, and what she had retained; nor could would be its decision. The discovery of the Mississippi, as low there have been one between the United States and Spain. By down as the Arkansas,i n 1673, and to its mouth in 1680, and the declining to define the boundaries of Louisiana, eastward, in some establishment of settlements on that river, and on the bay of St. one of these obvious and perspicuous modes, it is just to conclude, Bernard, on the western side of the Colorado, in 1685, under the that it was intentional; that there was an object in it; and what authority of France, when the nearest setuement of Spain was in that object was, is sufficiently apparent, from a fair construction of the province of Panuco, are facts which place the claim of the United States on ground not to be shaken. It is known that nothing the provisions of the article already noticed. By the treaty of St. Ildephonso, in 800, the province of Loui- occurred afterwards on the part of France to weaken this claim. siana is eded to France by Spain, "with the same extent that it now The difference which afterwards took place between France and has in the hands of Spain, and that it had when France possessed Spain, respecting Spanish encroachments there, and the war which and such as it should be after the treaties subsequently entered ensued, to which they contributed, tend to confirm it. I have thought it proper to make these remarks in reply to your into between Spain and other states." And by the treaty of 1803, between the United States and France, this article of the treaty letter of February 22d, respecting the eastern and western boundary between France and Spain, is inserted verbatim, by which the of Louisiana. The subject having been fully treated in several United States are placed precisely on the same ground on which notes to your government in 1805, and particularly in those of March 8th, and April 20th of that year, I beg to refer you to them If we recur to the several provisions, we shall find that each for a further view of the sentiments of this government on the has a distinct object, for which it would not have been necessary subject. In adverting to the parts of your letter which relate to the re to provide, especially in that mode, if it had been the intention of the parties that no portion of West Florida, in question, should volted provinces of Spain in America, and the aid, which you state, have been exempted from the cession. By stipulating first, that the revolutionary party have derived from the United States; I the province was ceded with the same extent that it now has in the cannot avoid expressing equally my surprize and regret. I stated hands of Spain," direct reference was made to that portion of a my letter to you of January 19th, that no aid had ever been af West Florida lying between the Mississippi, the Iberville, the lakes forded them, either in men, money or supplies of any kind by the Maurepas and Pontchartrain, and the Perdido. This provision government, not presuming that the gratuitous supply of provicannot be construed, as alluding to any other part of the province, sions to the unfortunate people of Carracas, in consequence of the and its sole effect was intended to be to include it in the cession calamity with which they were visited, would be viewed in that to France. The second provision is equally explicit, "that it had light, and that aid to them from our citizens, inconsistent with the when France possessed it." It is kuown that France had held the laws of the United States, and with the law of nations, had been province to that extent, before the treaties of 1763, by which she prohibited, and that the prohibition had been enforced with care had ceded it to Spain and Great Britain, and by this stipulstion it and attention. You stated in your letter of January 2d, that forces was beded hack to her in the same extent, so far as Spain could do were collecting in different parts of our western and southern it. The third provision has an object equally distinct, and is the country, particularly in Kentucky, Tennessee and Louisiana, for more important, because by giving it its intended effect, the con- the purpose of invading the Spanish provinces. I stated to you in struction given to the others is fully confirmed. "Such as it should reply, that I knew of no such collection of troops in any quarter, be after the treaties subsequently entered into between Spa in and that from information derived from the highest authorities, I and othe states." By the treaty between the United States and was satisfied that none such had been made. I requested you to Spain, in 1795, the boundaries, as established between the United state at what points these troops were collected, and who were the States and Great Britain, in 1783, and the free navigation of the commanders? You have sent me, in reply, extracts of letters from Mississippi, are confirmed, with the addition of the right of de- persons whose names are withheld, which establish none of the posite at New Orleans. This provision applies to this treaty, and facts alledged as to the raising of troops in the United States, but kewise to the treaty of 1783, between Great Britain and Spain, recite only vague rumors to that effect. I have the honor to transby which West Florida was ceded to the latter, whereby she was mit to you a copy of a letter on this subject, from Mr. Dick, the enabled to restore it, in the extent contended for, to France. In attorney of the United States for the district of Louisiana, by which regard to its operation on the treaty of 1795, between the United you will see how attentive the public authorities have been to the States and Spain, it was a provision which the United States had a execution of the laws of the United States, and to the orders of the government, and how little they have deserved the charges made right to expect from the good faith of Spain. As I cannot doubt that you have taken erroneous impressions This view of the subject, which was, in substance, taken by the against them. ministers of the U. S. in 1805, in a negociation with your government, at Aranjuez, appears to me, as it then did, to be conclusive. You urge, from the misrepresentation of partial or misinformed individuals however, against it, that the French government had stated that and that you have communicated the same to your government, I it was not its intention to cede to the United States that portion of rely on your candor to adopt such measures as may appear best Louisiana which France had ceded to Great Britain by the treaty calculated to place the whole subject before it in a true light. It is of 1763. The same declaration was made to the ministers of the important that the effort which the president is now making to United States at Aranjuez, in 1805, for the same purpose that it is adjust our differences with Spain, should have the desired result; now repeated. A just regard to the rights of the United States and it is presumable that a correct knowledge of the conduct of I have the honor to be, &c. founded on the cession which France had made to them, with a the United States, in these circumstances, would promote it. JAMES MONROE. thorough knowledge of all the circumstances attending the transaction, combined with a due respect to the goverumont of France, dictated the answer. Your government was informed that the Ame rican envoys had proposed to the French government, in the nego-Copy of a letter from Mr. Dick, attorney of the United States for the ciation which terminated in the cession of Louisiana by France to New-Orleans, March 1, 1816. the United States, in 1803, that its boundaries should be defined by SIR-I have just had an opportunity of perusing the letters of the treaty, to which the French government did not accede, prefering to insert in it an extract from the treaty of St. Ildephonso, by which the province had been ceded by Spain to France, with inten- the chevalier de Onis, envoy extraordinary and minister plenipotion to place the United States, in regard to Spain, on the same tentiary of his catholic majesty, addressed to you, under date of ground, precisely, that France held herself under the treaty of St. the 30th of December and the 2d of January. As these letters Idephonso, unprejudiced by any opinion of her own. Nothing dwell largely upon transactions affecting the neutrality of the had occurred in the negociation with France to excite a doubt United States, which are said to have occurred, and to be still oethat the Perdido was the eastern boundary of Louisiana. It had curring here-and as they charge the public authorities of this been the boundary of the province when held by France, before city with giving, in the face of the president's proclamation of the the treaties of 1763, and it was inade so again by the treaty of St. first of September last, protection and support to the enemies of Ildephonso which restored it to her. Such was the construction his catholic majesty, I think it not improper to address you in It is affirmed by the chevalier de Onis, "and it is." says he, "uniwhich the American ministers gave to that treaty, who were en-relation to these charges. gaged in the negociation with France, and such their representa district of Louisiana, to Mr. Monroe, enclosed to Mr. Onis, in the secretary of state's letter of June 10, 1816 tion of it to their government, after the treaty with France was versally public and notorious, that a factious band of insurgents concluded. It merits particular attention that when your govern- and incendiaries continue, with impunity, in the province of Loument was requested to cede to the United States such territory as siana, and especially in New-Orleans and Natchitoches, the uninthey were desirous of obtaining, prior to their acquisition of Loui- terrupted system of raising and arming troops to light the flame of siaua, it replied to their minister at Madrid, by a letter of the 3d of revolution in the kingdom of New-Spain. Al! Louisiana," he conMay, 1803, "that by the retrocession made to France of Louisiana, tinues, "has witnessed these armaments-the public enlistments-that power regained the province with the limits it bad, saving the the transportation of arms-rejunction of the insurgents-and their rights acquired by other powers; and that the United States could hostile and warlike march from the territory of this republic address themselves to the French government to negociate the against the possessions of a friendly and neighboring power." No troops at present are, or at any former period were, openly acquisition of territories which might suit their interest." With the subject thus presented before the government of the United raised, armed or enlisted at Natchitoches, or at New-Orleans, or at States, the fair construction of the article of the treaty of St. Ilde any other point within the state of Louisiana. Arms have been phonso, maintained by the American ministers in their official com- transported from this place by sea and otherwise, as objects of munication accompanying the treaty, sanctioned, as it evidently merchandize, and probably have been disposed of to some of the was, by the letter of our minister of state, the treaty of Paris of revolutionary governments of New Spain. It has not been supposed 1803 was ratified. It could not be expected that the United States here that there was any law of the United States, any provision by would appeal, under these circumstances, to France for informa- treaty, or any principle of national law, that prohibit this species tion, as to the extent of the acquisition which they had made, or be of commerce: it was considered that the purchasing and exporting alike to both belligerents; and that if our citizens engaged in it governed by any opinion which her government might express, in by way of merchandize, of articles termed contraband, was free that stage, respecting it. With respect to the western boundary of Louisiana, I have to they would be abandoned to the penalties which the laws of war What is said, too, about the junction of the insurgents, and their remark, that this government has never doubted, since the treaty authorise. of 1893, that it extended to the rio Bravo. Satisfied I am, if the claims of the two nations were submitted to an impartial tribunal, hostile and warlike march from the territory of the United States ho, observing the principles applicable to the case, and tracing against the possessions of Spain, is unfounded. In the summer of cts, as to discovery and settlement, on either side, that such the year 1812, a band of adventurers, without organization, and apparently without any definite object, made an incursion into the vessels, to be employed in the service of the colonies, been permit province of Texas as far as San Antonio, by the way of Nacogted to fit out and arm, or to augment their force at New-Orleans doches. No doubt many of the persons belonging to this party or elsewhere, within the state of Louisiana passed by the way of Natchitoches-out separately, in no kind of The party that marched upon San Antonio assembled to the west On the contrary, it is notorious, that to no one point of duty have the civil and military authorities of the United States directed more strenuously, or it is believed, more successfully, their attention, than to the discovering and suppression of all attempts to violate the laws in these respects. Attempts to violate them, by fitting out and arming, and by augmenting the force of vessels, have no doubt been frequent, but certainly in no instance successful, except where conducted under circumstances of concealment, that eluded discovery, and almost suspicion; or were carried on at some remote point of the coast, beyond the reach of detection or discovery. In every instance where it was known that these illegal acts were attempting, or where it was afterwards discovered that they had been committed, the persons engaged, as far as they were known, have been prosecuted, while the vessels fitted out, or attempted to be fitted out, have been seized and libelled, under the act of the 5th of June, 1794; and when captures have been made,“ by vessels thus fitted and armed, in which their force was augmented or increased within our waters, where the proporty taken was brought within our jurisdiction, or even found upon the high seas by our cruizers, and brought in, it has been restored to the original Spanish owners, and in some instances, damages awarded An enumeration of the cases in which individuals have been in aid of the governments of New-Spain, and in which vessels have been seized and libelled, under the act of the 5th June, 1794, together with a list of the vessels and property restored to the original Spanish owners (confining the whole of the operations of the year, commencing March, 1815, and ending February, 1816) will show more exclusively, perhaps, than any thing else can, how totally without foundation are the complaints of Spain on this head. In cous quener, several individuals, found with arms, were ar-against the captors. rested; they alleged that they were hunters, and there being no evidence to the contrary, or rather no proof of their being engaged prosecuted for infringing, or attempting to infringe our neutrality, in any illegal und rtaking, they were of course discharged. So well satisfied, indeed, w re th Spanish authorities of the adjoining province, that neither our government or its agents gave succors or conntenance to this expedition, that during the time they knew it to be organized or organizing, they applied to the garrison at Natchitoch's for an escort to bring in some specie, which was immediat ly granted. Toledo, who, at the time of its defat, commanded the party that penetrated to San Antonio, came to this city in the autumn of 1814, when be was imundeiately arrested and recognized to answer, at the succeeding term of the federal court, to a charge of setting on foot, within, the territory of the United States, a military expeditio or enterprize, to be carried on from thence against the territories or dominious of the king of Spain: six months having passed, and no testimony whatever appearing against him, bis recognizance was delivered up. After the discomfiture of the party under Toledo, no enterprize destin d to aid the revolutionists of New Spain, appears to have beea set on foot from the vicinity of the United States, until late in the summer of last year, when it was rumored that a party, under a person of the name of Perry, was forming for that purpose, some where on the western coast of Louisiana. Upon the first intimation that this enterprize was meditated, steps were taken here to frustrate it. Nothing occurred to justify prosecutions or arrests; a larg quantity of arms, however, supposed to be intended for this party, were seized on the river, and detained at the custom-house for several months; and commodore Patterson, commanding naval officer on this station, instructed the officers under bis command, crizing in the neighborhood of the suspected place of rendezvous, (Beke Isle, at the mouth of bayou Peche) to ascertain the truth of the rumors in circulation, and if verified, to use the force under their respective commands in dispersing the persons assembled, and in rustrating their illegal intentions. In obedience to these orders, the coast, as far as the Sabine, was examined, and no persons dis cov red. It is now ascertained that Perry, Humbert, and their followers, inconsiderable in number, passed separately, through At tak pas, and assembled about two leagues to the west of the Sabine. Then they embarked for some place on the coast of Mexico; wer wrecked, dispersed, and their plans, whatever they were, totally defeated. I have, in the foregoing detail, sir, given partly from information entitled to perfect confidence, and partly from my own knowledg, a brief and hurried outline of two fruitless attempts of a handful of restless and uninfluential individuals, stimulated by the desire of aiding the cause of Mexican independence, or that of bettering their own fortunes. These are the only military enterprizes against the dominions of the Spanish crown, that have drawn any portion of their aid or support from Louisiana. In both, the mass of adventurers was composed of Spaniards, Frenchmen and Italians. I need not say these enterprizes, whether in aid of the revationists, or merely predatory, were not only feeble and insignifcat, but that they were formed under circumstances which forbid a surmise of their being sanctioned or connived at. Every mai acquainted with the state of public feeling throughout the southern and western sections of the United States, knows, that had our government but manifested the slightest disposition to sanction enterprizes in aid of the revolutionists of New Spain, the condition of these provinces would not at this day be doubtful 9. Schr. Sankita and eargo, restored 1st February, 1816, 37,962 94 The preceding account of Spanish property restored to the original proprietors, after being in possession of the enemies of Spain, is defective, inasmuch as it does not comprehend the whole of the cases of restoration that have taken place within the period to which the detail is confined; the very hasty manner in which I have made this enumeration, did not admit of a more accurate statement. The principal cases however, are included in it. In several other cases, where the property was claimed for the original Spanish owners, the claims were dismissed because it did dot appear that any violation of our neutrality had taken place, It is said that troops have been recently enlisted, and that expeditions have been prepared in this city, to invade the dominions of Spain. The enlisting of men, and the preparing of enterprizes, of the kind spoken of, cannot be accomplished without means, or be carried on in the midst of a populous city, in solitude and silence. Yet it is known, in the first place, that neither Mr. Toledo or Mr. The capturing vessels were not armed, nor was their force Hrrera had or have pecuniary means for such purposes; and, in augmented, within our jurisdictiou; nor had the captures been the second, so far as negative proof can go, or so far as the absence made within; a marine league of our shore. The principles that of one thing implies another, it is most certain that no enlistments guided the decisions of the court, as well in restoring the prohave taken place, and that no expeditions, or the means of expedi-perty captured, where our neutral means had been used, as in tious, have been prepared or are preparing here. declining all interference, where that was not the case, manifest, Ar gard to truth makes it necessary to say, that what is alleged I think, a disposition to, and an exercise of, the most rigid neutrality resp cting the arming and fitting out of vessels within the waters between the parties. of Louisiana, to be employed in the service of the revolutionary governments, against the subjects or property of the king of Spain, is unfounded. At no period since the commencement of the struggle between the Spanish colonies and the mother country, have I have the honor to be, with sentiments of the highest consideration and respect, sir, your most obedient servant, (Signed) JOHN DICK. |