destinely bought, and even of corporal punish- | independent governments of South America, to ment, as the case may be; the cognizance of have a minister or consul-general accredited by which causes shall exclusively belong to the the United States, with the answers of this courts of prize, as incidental thereto. government to the applications addressed to it. JAMES MONROE. XLIV. If the vessel detained should not be condemned as good prize, her master or owner, together with her officers and crew, shall be forthwith re-instated in the possession of the same; restoring unto them whatever may belong to her, without retaining the least thing. She is to be furnished with a suitable safe conduct, in order that she may prosecute her voyage without any further detention; she is declared 40*] free of the *duties of the port, and, before her departure, is to be indemnified by the captor for all the expenses, damages, and losses that may have been caused to her, and which she may have a right to claim with justice, should her case be comprehended among those specified in the 22d and 30th articles. But such claim is not to be admitted, if she should have given reasonable cause for suspicion to the capturing vessel, or incurred any other penalty comprised in this ordinance, in consequence of which a prosecution may have been instituted; all of which may appear from the proceedings had thereon. XLV. Should the captured vessel be condemned as good prize, the captors shall be permitted the free use of her, previously paying the duties due to the treasury of this government. The whole amount resulting from sales of the captures made by vessels of war, shall be divided into two parts; one of them containing three-fifths for the use of the crew and mariners, and the other two-fifths for the officers. No person, whether belonging to the navy or army, being a passenger, or going as a transport on board said vessels, at the time of the capture, shall, under any pretext whatever be comprehended in the distribution. But it shall be the duty of the commander of such vessel to inform the chief officer of the naval department whether any of the persons going on board as passenger, or otherwise, has distinguished him self by a special service in the action; to the end that if he should deem it just, he may order such person to share according to his rank, as if he had been comprehended amongst the number belonging to the complement of the vessel. XLVI. Any other decrees, orders or regulations, prior or contrary to this present provisional ordinance, are, by virtue hereof, declared void and without any effect. Done at the Fortress of Buenos Ayres, on the 15th day of May, 1817. JUAN MARTIN PUEYRREDON. MATHIAS DE YRIGOYEN, Secretary of War and of the Navy. The foregoing is a copy from the original. YRIGOYEN. 41*] *OFFICIAL REPORT, &C., OF THE SECRE TARY OF STATE TO CONGRESS. Washington, Jan. 29.-I transmit to the House of Representatives, in compliance with the resolution of the 14th of this month, a report from the Secretary of State, concerning the applications which have been made by any of the The Report. The Secretary of State, to whom has been referred the resolution of the House of Representatives, of the 14 inst., requesting of the Presi dent information whether any application has been made by any of the independent governments of South America, to have a minister or consul-general accredited by the government of the United States, and what was the answer given to such application, has the honor of submitting copies of applications made by Don Lino de Clemente, to be received as the representative of the republic of Venezuela, and of David C. De Forest, a citizen of the United Provinces, to be accredited as consul-general of the United Provinces of South America, with the answers respectively returned to them. The reply of Mr. De Forest is likewise inclosed, and copies of the papers, signed and avowed by Mr. Clemente, which the President considers as rendering any communication between this department and him, other than that now inclosed, improper. It is to be observed, that while Mr. Clemente, in March, 1817, was assuming, with the name of Deputy from Venezuela, to exercise with the United States powers transcending the lawful authority of any ambassador, and while in January, 1818, he was commissioning, in language disrespectful to this government, Vincente Pazos, in the name of the republic of Venezuela, *to "protest against the in- [*42 vasion of Amelia Island, and all such further acts of the government of the United States as were contrary to the rights and interests of the several republics, and the persons sailing under their respective flags duly commissioned;" he had himself not only never been received by the government of the United States as Deputy from Venezuela, but had never presented himself to it in that character, or offered to exhibit any evidence whatsoever of his being invested with it. The issuing of commissions, authorizing acts of war against a foreign nation, is a power which not even a sovereign can lawfully exercise within the dominions of another in amity with him, without his consent. Pazos, in his memorial to the President, communicated the commission signed by Mr. Clemente, at Philadelphia, and given to General M'Gregor, alleges, in its justification, the example of the illustrious Franklin, in Europe; but this example, instead of furnishing an exception, affords a direct confirmation of the principle now advanced. The commissions issued by the diplomatic agents of the United States in France, during our revolutionary war, were granted with the knowledge and consent of the French government, of which the following resolution from the secret journal of Congress, of the 23d of December, 1776, is decisive proof: Mr. 'Resolved, That the commissioners (at the court of France) be authorized to arm and fit for war any number of vessels, not exceeding six, at the expense of the United States, to war upon British property; and that commissions and warrants be for this purpose sent to the commissioners; provided the commissioners be well satisfied this measure will not be disagree able to the court of France.' It is also now ascertained by the express declaration of the supreme chief, Bolivar, to the agent of the United States at Angostura, "that the government of Venezuela had never authorized the expedition of General M'Gregor, nor any other enterprize against Florida or Amelia." Instructions have been forwarded to the same agent to give suitable explanations to the government of Venezuela, of the motives for declining further communication with Mr. 43*] Clemente, and assurances that it will readily be held with any person not liable to the same or like objection. general may be accredited without acknowledging the independence of the government from which he has his appointment. The Consul of the United States, who has resided at Buenos Ayres, had no other credential than his commission. It implied no recognition by the United States of any particular government; and it was issued before the Buenos Ayrean declarations of independence, and while all the acts of the authorities there were in the name of the King of Spain. During the period while this government declined to receive Mr. Onis as the minister of Spain, no consul received an exequatur under a commission from the same authority. The Spanish consuls who had been received before the contest for the government of Spain had The application of Mr. De Forest, to be ac- arisen, were suffered to continue the exercise credited as consul-general of the United Pro- of their functions, for which no new recognivinces of South America, was first made in tion was necessary. A similar remark may be May last; his credential was a letter from the made with regard to the inequality alleged by supreme director of Buenos Ayres, Pueyrredon, Mr. De Forest, to result from the admission of announcing his appointment, by virtue of Spanish consuls, officially to protect before our articles concluded, in the names of the United tribunals the rights of Spanish subjects generalStates of America, and of the United Pro- ly, while he is not admitted to the same privivinces of Rio de la Plata, between persons au- leges with regard to those of the citizens of thorized by him, and W. G. D. Worthington, Buenos Ayres. The equality of rights to which as agent of this government, who neither had the two parties to a civil war are entitled in nor indeed pretended to have, any power to their relations with neutral powers, does not negotiate such articles. Mr. De Forest was in- extend to the rights enjoyed by one of them, by formed, and requested to make known to the virture of treaty stipulations contracted before supreme director, that Mr. Worthington had the war; neither can it extend to rights, the enno authority whatsoever to negotiate on the joyment of which essentially depends upon the part of the United States any articles to be issue of the war. That Spain is a sovereign obligatory on them, and had never pretended and independent power is not contested by to possess any full power to that effect. That Buenos Ayres, and is recognized by the United any communication interesting to the supreme States, who are bound by treaty to receive her director, or to the people of Buenos Ayres, consuls. Mr. De Forest's credential letter asks would readily be held with Mr. De Forest, but that he may be received by virtue of a stipulathat the recognition of him, as a consul-general tion in supposed articles concluded by Mr. from the United Provinces of South America, Worthington, but which he was not authorcould not be granted, either upon the stipula-ized to make; so that the reception of Mr. De tion of supposed articles, which were a nullity, or upon the commission, or credential letter of the supreme director, without recognizing thereby the authority from which it emanated, as a sovereign and independent power. With this determination, Mr. De Forest then declared himself entirely satisfied. But shortly after the commencement of the present session of Congress, he renewed his solicitations, by the note dated the 9th of December, to be accredited as the consul-general of the United Provinces of South America, founding his claim on the credentials from his government, which had been laid before the President last May. A conversation was shortly afterwards held with him, by direction of the President, in which the reasons were fully explained to him upon which the formal acknowledgment of the government of Buenos Ayres, for the present, was not deemed expedient. They were also, at his request, generally stated in the note dated 31st of December. It has not been thought necessary, on the 44*] part of this government, *to pursue the correspondence with Mr. De Forest any further; particularly as he declares himself unauthor ized to agitate or discuss the question with regard to the recognition of Buenos Ayres as an independent nation. Some observations, how ever, may be proper with reference to circumstances alleged by him, arguing that a consul Forest, upon the credential on which he founds his claim, would imply a recognition, [*45 not only of the government of the supreme director, Pueyrredon, but a compact as binding upon the United States, which is a mere nullity. Consuls are, indeed, received by the government of the United States from acknowledged sovereign powers with whom they have no treaty. But the exequatur for a consul-general can obviously not be granted without recognizing the authority from whom his appointment proceeds as sovereign. "The consul," says Vattel (book 2, chap. 2, s. 24), "is not a public minister; but as he is charged with a commission from his sovereign, and received in that quality by him where he resides, he should enjoy, to a certain extent, the protection of the law of nations.' If, from this state of things, the inhabitants of Buenos Ayres cannot enjoy the advantage of being officially represented before the courts of the United States, by a consul, while the subjects of Spain are entitled to that privilege, it is an inequality resulting from the nature of the contest in which they are engaged, and not from any denial of their rights, as parties to a civil war. The recognition of them, as such, and the consequent admission of their vessels into the ports of the United States, operates with an inequalty against the other party to that contest, and in their favor. It was stated in conversation to Mr. De Forest, and afterwards in the note of the 31st of December, that it would be desirable to the United States to understand whether Buenos Ayres itself claims an entire, or only an imperfect independence. That the necessity of an explanation upon this point arose from the fact, that in the negotiation of the supposed article with Mr. Worthington, the supreme director had declined contracting the engagement, though with the offer of reciprocity, that the United States should enjoy at Buenos Ayres the advantages and privileges of the most favored nation. That the reason given by him for refusing such an engagement was, that Spain having claims of sovereignty over Buenos Ayres, the right must be reserved of granting special favors to her for renouncing them, which other nations, having no such claims to renounce, could not justly expect to obtain. 46*] Without discussing *the correctness of this principle, it was observed the United States, in acknowledging Buenos Ayres as independent, would expect either to be treated on the footing of the most favored nation, or to know the extent and character of the benefits which were to be allowed to others and denied to them; and that while an indefinite power should be reserved, of granting to any nation advantages to be withheld from the United States, an acknowledgment of independence must be considered premature. Mr. De Forest answers that this reservation must appear to every one contrary to the inclination, as well as interest of the government of Buenos Ayres; that it must have been only a proposition of a temporary nature, not extending to the acknowledgment by the United States of the independence of South America, which he is confident would have rendered any such reservations altogether unncessary, in the opinion of the government of Buenos Ayres, who must have seen they were treating with an unauthorized person, and suggested the idea, from an opinion of its good policy; and, he adds, that Portugal is acknowledged by the United States as an independent power, although their commerce is taxed higher in the ports of Brazil than that of Great Britain. It had not been intended to suggest to Mr. De Forest that it was in any manner incompatible with the independence or sovereignty of a nation to grant commercial advantages to one foreign state and to withhold them from another. If any such advantage is granted for an equivalent, other nations can have no right to claim its enjoyment, even though entitled to be treated as the most favored nations, unless by the reciprocal grant of the same equivalent. Neither had it been intended to say that a nation forfeited its character of acknowledged sovereignty even by granting, without equivalent, commercial advantages to one foreign power, and withholding them from another. However absurd and unjust the policy of a nation granting to one and refusing to another such gratuituous concessions might be deemed, the questions whether they affected its independence or not would rest on the concessions themselves. The idea meant to be conveyed was, that the reservation of an indefinite right 47* *to grant hereafter special favors to Spain, for the renunciation of her claims of sovereignty, left it uncertain whether the independence of Buenos Ayers would be complete or imperfect, and it was suggested with a view to give the oportunity to the supreme director of explaining his intention in this respect, and to intimate to him that while such an indefinite right was reserved, an acknowledgment of independence must be considered as premature. This caution was thought the more necessary, inasmuch at it was known that at the same time, while the supreme director was insisting on this reservation, a mediation between Spain and her colonies had been solicited by Spain, and agreed to by the five principal powers of Europe, the basis of which was understood to be a compromise between the Spanish claim to sovereignty and the colonial claim to independence. Mr. De Forest was understood to have said that the Congress at Tucuman had determined to offer a grant of special privileges to the nation which should be the first to acknowledge the independence of Buenos Ayres. He stated in his notes that he knew nothing of any such resolution by that Congress, but that it was a prevailing opinion at Buenos Ayres, and his own opinion also, that such special privileges would be granted to the first recognizing power. if demanded. It has invariably been avowed by the government of the United States that they would neither ask nor accept of any special privilege or advantage for their acknowledg ment of South American independence; but it appears that the supreme director of Buenos Ayres, far from being prepared to grant special favors to the United States for taking the lead in the acknowledgment, declined even a reciprocal stipulation, that they should enjoy the same advantages as other nations. Nor was this reservation, as Mr. De Forest supposes, defeasible, by the acknowledgment, on the part of the United States, of South American independence. The supreme director could not be ignorant that it was impossible for this government to ratify the articles prepared by his authority with Mr. Worthington, and yet to withhold the acknowledgment of independence. He knew that if that instrument should be ratified, the United States must thereby [*48 necessarily be the first to grant the acknowl edgement, yet he declined inserting in it an article, securing to each party, in the ports of the other, the advantages of the most favored nation. It is, nevertheless, in conformity to one of those same articles that Mr. De Forest claimed to be received in the formal character of consul-general. With regard to the irregularities and excesses committed by armed vessels, sailing under the flag of Buenos Ayres, complained of in the note of the 1st of January, it was not expected that Mr. De Forest would have the power of restraining them, otherwise than by representing them to the supreme director, in whom the authority to apply the proper remedy is supposed to be vested. The admission of Mr. De Forest, in the character of consul-general, would give him no additional means of suppressing the evil, Its principal aggravation arises from the circumstance that the cruisers of Buenos Ayres are almost, if not quite, universally manned and officered by foreigners, having no permanent connection with that country, or interest in its 'cause. Correspondence with Mr. De Forest. No. 5. Mr. De Forest to the Secretary of founding my claim on the credentials from my government, in the month of May last. But the complaint was not confined to the misconduct of the cruisers. It was stated that blank commissions for privateers, their commanders, and officers, had been transmitted I have the honor to announce to Mr. Adams to this country, with the blanks left to be filled up here, for fitting out, arming, and equip- that I have again arrived in this district, in orping them, for purposes prohibited by the laws der to renew my solicitations *to be ac- [*50 of the United States, and in violation of the credited by this government as the consul-genlaw of nations. It was observed that this prac-eral of the United Provinces of South America, tice, being alike irreconcilable with the rights and the obligations of the United States, it was expected by the President, that being made known to the supreme director, no instance of it would again occur hereafter. No reply to this part of the note has been made by Mr. De Forest, for it is not supposed that he meant to disclaim all responsibility of himself, or of the government of Buenos Ayres, concerning it, unless his character of Consul-General should be recognized. As he states that he has transmitted a copy of the note itself to Buenos Ayres, the expectation may be indulged that the ex--who show themselves, by the wisdom of their clusive sovereign authority of the United States, within their own jurisdiction, will hereafter be respected. All which is respectfully submitted. JOHN QUINCY ADAMS. Department of State, January 28, 1819. 49*] *Correspondence with Mr. Clemente. No. 1. Lino de Clemente to the Secretary of State. The information recently acquired by this government, respecting the provinces of South America, I presume has established the fact beyond doubt that Buenos Ayres, their capital, and a large portion of their territory, are, and have been, free and independent of the government of Spain for more than eight years; and possess ample ability to support their independence in future. That a regular system of government is established by their inhabitants, institutions, sufficiently enlightened for selfgovernment; and that they look up to this great republic as a model, and as to their elder sister, from whose sympathies and friendship they hope and expect ordinary protection at least. The messages of the President of the United States, as well the last as the present year, have created a general belief that the United States have placed us on an equal footing with Spain, as it respects our commercial operations; but, sir, it is found not to be the case. A consul of MOST EXCELLENT SIR-Having been appoint- Spain is known and respected as such by your ed by the government of the republic of Ven-tribunals of justice, which enables him, ex officio, ezuela, its representative near the United States to protect and defend the interests of his counof North America, I have the honor to inform trymen. Whereas, the verbal permission I have you of my arrival in this city, for the purpose of discharging the trust committed to me; to effect this, I have to request that you will please to inform me at what time it will be convenient for you to afford me an opportunity of presenting my respects to you personally; and of communicating to you the object of my arrival in the federal city. I avail myself of this occasion to tender to you the assurance of the high consideration and respect with which I am, &c., LINO DE CLEMENTE. WASHINGTON, Dec. 11,1818, 8th year of the republic. The Honorable John Q. Adams. No. 2. The Secretary of State to Don L. de Department of state, Washington, to act in the duties of my office, will not avail I request you, sir, to lay this communication before the President of the United States as early as may be convenient, and to assure him, that I duly appreciate the friendly reception Í met with from his government on my [*51 arrival in this country; and that, as circumstances have since materially altered, I have no doubt but I shall receive his permission to act in the accustomed form. While I remain, with the highest consideration and respect, sir, your most obedient servant, D. C. DE FOREST. Georgetown, Dec. 9. No. 6. Mr. De Forest to the Secretary of State. questing to be accredited as the Consul-General | director, and an agent of the United States of the United Provinces of South America; and have now the honor of informing Mr. Adams, that I have lately received an official communication from the government of Buenos Ayres, directing me to inform the government of this country that the supposed conspiracy against the person of the supreme director proves to have originated with an obscure and disappointed individual; who, to gain adherents, pre-reciprocal stipulation on the part of the United tended to be connected with people of the first respectability and influence, several of whom he named, but who have convinced the government that they had no knowledge whatever of his base project. The supreme director, anxious to do away any unfavorable impressions which the report of such an affair might cause at this distance, has ordered me to assure the President of the United States that the government of South America was never more firmly supported, nor its prospects more brilliant, than at the present time. I have the honor, &c., (Signed) DAVID C. DE FOREST. Georgetown, December 12, 1818. No. 7. Mr. Adams to Mr. De Forest. Mr. Adams presents his compliments to Mr. De Forest, and has the honor of assuring him, by direction of the President of the United States, of the continued interest that he takes in the welfare and prosperity of the provinces 52*] of La Plata, and of *his disposition to recognize the independent government of Buenos Ayres, as soon as the time shall have arrived, when that step may be taken with ad- | vantage to the interests of South America, as well as of the United States. In the meantime, he regrets an exequatur to Mr. De Forest, as Consul-General of the United Provinces of South America, cannot be issued, for reasons stated in part by the President, in his message to Congress, at the commencement of the present session; and further explained to Mr. De Forest by Mr. Adams, in the conversation which he has had the honor of holding with him. Mr. De Forest must have seen, that any privileges which may be attached to the consular character, cannot avail in the judicial tribunals of this country, to influence in any manner the administration of justice; and with regard to the schooner brought into Scituate, such measures have been taken, and will be taken, by the authorities of the United States, as are warranted by the circumstances of the case, and by the existing laws. With respect to the acknowledgment of the government of Buenos Ayres, it has been suggested to Mr. De Forest, that, when adopted, it will be merely the recognition of a fact, without pronouncing or implying an opinion with regard to the extent of the territory or provinces under their authority, and particularly without being understood to decide upon their claim to control over the Banda Oriental, Santa Fe, Paraguay, or any other provinces disclaiming their supremacy or dominion. It was also observed, that in acknowledging that government as independent, it would be necessary for the United States to understand whether Buenos Ayres claims itself an entire or only an imperfect independence. From certain transactions between persons authorized by the supreme (though unauthorized by their government), after the declaration of independence by the Congress at Tucuman, and within the last year, it appears that the supreme director declined contracting the engagement, that the United States should hereafter enjoy at Buenos Ayres the advantages and privileges of the most favored nation, although with the offer of a *States. The reason assigned by the su- [*53 preme director was, that Spain, having claims to the sovereignty of Buenos Ayres, special privileges and advantages might ultimately be granted to the Spanish nation, as a consideration for the renunciation of those claims. It is desirable that it should be submitted to the consideration of the government of Buenos Ayres, whether, while such a power is reserved, their independence is complete; and how far other powers can rely, that the authority of Spain might not be eventually restored. It has been stated by Mr. De Forest, that the Congress at Tucuman had passed a resolution, to offer special advantages to the nation which should first acknowledge their independence, upon which the question was proposed, whether such a resolution, if carried into effect, would not be rather a transfer of dependence from one nation to another than the establishment of independence? rather to purchase support than to obtain recognition? The United States have no intention of exacting favors of Buenos Ayres for the acknowledgment of its independence: but in acknowledging it, they will expect either to enjoy, in their intercourse with it, the same privileges and advantages as other foreign nations, or to know precisely the extent and character of the benefits which are to be allowed to others, and denied to them. It should, indeed, be known to the supreme director, that, while such an indefinite power is reserved of granting to any nation advantages to be withheld from the United States, an acknowledgment of independence must be considered premature. In adverting to these principles, it was observed to Mr. De Forest, that their importance could not but be peculiarly felt by the United States, as having been invariably and conspicuously exemplified in their own practice, both in relation to the country whose colony they had been, and to that which was the first to acknowledge their independence. In the words of their declaration, issued on the 4th of July, 1776, they resolved thenceforth "to hold the British nation, as they hold the rest of mankind, enemies in war, in peace, friends;" and in the treaty of amity and commerce, concluded on the 6th of February, 1778, between the United States and France, being the first acknowledgment by a foreign power of the independence of the United States, and the [*54 first treaty to which they were a party, the preamble declares that the King of France and the United States, “ willing to fix, in an equitable and permanent manner, the rules which ought to be followed relative to the correspondence and commerce which the two parties desire to establish between their respective countries, states, and subjects, have judged that the said end could not be better obtained than by taking for the basis of their agreement the most |