These facts [said Mr. EVERETT] are substantiated in the papers appended to the report of the committee, to which I will, therefore, only in general refer. It may be added, though I would not admit, in all cases, this rule of interpretation of treaties, that it has been declared by the two functionaries who negotiated the treaty-by the Secretary of State of the United States (now the Chief Magistrate) and by Don Onis, the Representative of the Spanish Government-that Mr. Meade's claims were understood, and intended by them to be included under the provisions of the treaty. This fact therefore, may be assumed as certain. [FEB. 23, 1828. And in technical term, as used by the Board, and was applied to Touching the second point, viz: the amount of his claim, and the evidence necessary to establish it, difficul ties unfortunately arose, which have, thus far, resulted in depriving Mr. Meade of all benefit of the treaty, and which constitute a case of extraordinary hardship. Mr. What, then, was the remedy provided by the treaty Meade's claims on Spain consisted of several items, accru. for those citizens of the United States, whose claim to re-ing at different periods, and complicated by partial setlief from Spain had been renounced? It was as follows: tlements, by delayed payments, by demands for personA fund of five millions of dollars was provided by the al injuries, and (in point of fact, though not of justice) He had prosecuted United States in the eleventh article of the same treaty, by the political events of the time. in order to make satisfaction to their citizens for the claims his suit for a final adjustment and settlement of these against Spain, which had been renounced. To ascertain claims, by the Spanish Government, for several years, and the amount and validity of these claims, a Board of three with various success, amidst the vexatious delays too Commissioners was provided for, to be appointed by the apt to attend the adjustment and settlement of large President of the United States, by and with the consent private claims, under all Governments; aggravated, in the of the Senate, which Board, within the space of three present case, by the embarrassed condition of the Spanish years from the time of their first meeting, should receive, monarchy. At the period of the signature of the Florida examine, and decide upon the amount and validity of all treaty, Mr. Meade's claim was in suit, before the Spanish the claims, included within the descriptions of the ninth Government, but still unliquidated. The efforts of Mr. article of the treaty. Meade were, however, continued, without abatement, till, at length, on the 19th of May, 1820, the Spanish Govern. ment, after a most deliberate and solemn examination, according to its own approved official forms, concluded the adjustment and liquidation of these claims, and acknowledged itself indebted to Mr. Meade, on his own account, in the sum of 373,879 dollars, including therein, a sum of 75,000 dollars as damages and losses, arising from wrongful imprisonment; and, on account of the debts due to him as the agent of others, 117,273 dollars, (omitting parts of a dollar in each sum;) and granted to him a certificate, under the hand of the royal Commis sioners of Liquidation, of the Minister of Finance, and under the Royal seal, acknowledging the said debts accordingly. Mr. Meade was among the earliest of the claimants who applied for relief to the Board thus constituted. In Janunary, 1822, he presented his case to them, by a memorial, setting forth the principal facts contained in it; and, in the close, submitting two questions to the Board; first, "Whether his claims be not clearly comprehended in the list of renunciations declared on the part of the United States, in the ninth article of the treaty ?-and, second ly, whether, being so comprehended, your memorialist be not entitled to a substantive and full satisfaction of his claim, whatever may be the pro rata allowance to the general mass of the claimants, out of the specific fund provided by the treaty It was in this form of liquidation and acknowledgment, by the Spanish Government, that Mr. Meade presented his claim to the American Board of Commissioners under the Florida treaty, soliciting the substantive and full allowance and payment of the same. The commissioners appear at first to have inclined to the opinion, that claims of citizens of the U. States, grow. ing out of contracts with the Spanish Government, were not intended to be provided for by the treaty; and as a considerable part of Mr. Meade's claim, and of other claims grew out of such contracts, they were at first disThe Board of Commissioners, however, took a diffe posed to reject them on that ground. Inasmuch, however, as a large amount of property might be affected by rent view of the case. They were authorized to allow such a decision, and, still more as it might possibly in and pay only such claims as were renounced in the trea volve the good faith of the United States, pledged by the ty; and the renunciations in the treaty were bounded in treaty to a foreign Government, and to the citizens of the time by the day of the signature, viz: 22d of February, United States, the commissioners addressed an official 1819. Considering the Royal Spanish certificate, there inquiry to the Secretary of State (who had negotiated the fore, as creating in itself a claim, it was inadmissible, treaty on the part of the United States) whether claims under the terms of the treaty, because it bore date more founded on contracts were intended to be excluded. By than a year subsequent to the signature of the treaty. direction of the President, the Secretary of State return- Considering it only as evidence of the amount and valid. ed an answer in the negative, and informed the commis-ity of claims existing previous to the signature of the sioners, that, "in providing for the claims of the citizens of the United States on Spain, by the treaty of the 22d February, 1819, it was not understood nor intended by the Government of the United States, nor, as is believed, by the other party to the treaty, that claims arising from contract, as they existed at the signature of the treaty, should be excluded from the benefit of the trea treaty, it was inadmissible, because the American Board of Commissioners was the only tribunal, clothed with power, by the treaty, "to decide upon the amount and validity of the claims," and “to hear and examine, on oath, every question relative to the said claims, and to receive all suitable authentic testimony concerning the same." In the discharge, therefore, of their duty, under the sti pulations of the treaty, and in justice to all the other claimants, whose demands were subjected to the same ordeal, the Board of Commissioners, on the 27th of June, 1822, at the same time that they received Mr. Meade's memorial, as reciting a claim, within the provisions of the treaty, rejected the Royal Spanish certificate, as evidence of its amount and validity. This decision threw on Mr. Meade the necessity of establishing the amount and validity of his claim, by pro FEB. 23, 1828.] Claim of Mr. Meade. [H. or R. curing the original vouchers from Spain. Anticipating, The Secretary of State, in compliance_with_this_refrom the letter of the Secretary of State, already men- quest, instructed Mr. Nelson, then about departing from tioned, that the commissioners would reject the Royal the United States as their Minister at the Court of MaSpanish certificate, Mr. Meade had already, in April, drid, to present this specified list of papers to the Spa1822, addressed a letter to Mr. Anduaga, the representa- nish Government, and to claim the delivery of them, untive of Spain in this country, apprising him of the fact der the stipulations of the treaty. The committee will reof the probable rejection of the certificates, and praying collect the delays with which the mission of Mr. Nelson him" to become my [Mr. Meade's] mediator with his was attended. On arriving off Cadiz, that port was found Catholic Majesty, to obtain for me all the documents, blockaded by a French squadron, and he was not pervouchers, and evidence, whatsoever, in the possession mitted to enter. Several months elapsed before he and under the control of Spain, appertaining to my de- reached the Court of Madrid, and entered on the dismands, that I may prepare them in case of need for ex-charge of the duties of his mission. It appears that the hibition to the commissioners." formal application for the papers of Mr. Meade was made It may here be observed, as appears by the same letter by Mr. Nelson on the 19th of December, 1823, in a let of Mr. Meade, that the original vouchers and documents, ter addressed to the Marquis of Casa Yrugo, first Secreby which many of his demands were supported, had been tary of State. In this letter, Mr. Nelson urged a prompt delivered up by him to the Spanish Government, upon a and immediate attention to the several demands of pa formal requisition to that effect; and that, in some in-pers, which had been presented on behalf of Mr. Meade stances, the records and papers of certain of the Spanish and other claimants, on the ground that the Boards èreofficers furnished material evidence upon the subject. Itated under the Florida Treaty were of limited duration, is also further very important to be observed, that, by and that the interests of individuals entirely depended on the eleventh article of the treaty, it was provided, as fol- the records asked to be furnished. On the 11th and 25th lows: "that the Spanish Government shall furnish all of February, 1824, Mr. Nelson renewed, in a letter to such documents and elucidations as may be in their pos- Count Ofalia, the demand of the papers, which he had session, for the adjustment of the said claims, according addressed, on the 19th of December, to the Marquis of to the principles of justice, the laws of nations, and the Casa Yrugo. The delivery of the papers was promised stipulations of the treaty between the two parties of the by the Count Ofalia, in a letter bearing date 8th March, 27th of October, 1795." 1824; but, owing to various circumstances connected with the state of Spain, delays arose in fulfilling the promise. Mr. Anduaga, the Minister of Spain, appears to have communicated to his government the request for vouchers, thus made by Mr. Meade, in April, 1822; and in October, 1822, in answer to a second letter from Mr. Meade, to the same purport as his first, Mr. Anduaga, taking a tone somewhat lofty it must be confessed, wrote a letter to Mr. Meade, in which he stated, "that the Spanish Government will regard as a serious insult, that what, in Spain, is acknowledged as most sacred and respectable, should here be pronounced of no value; that it will never consent to have questioned the legality and purity, with which your liquidation was made, and which is accompanied by all the marks of authenticity which it can give it; and, in fine, though it should be practicable to reunite all the documents, upon which that liquidation was made, his Catholic Majesty knows too well what is due to his own dignity, to the reputation of his Ministers, and to the integrity of his tribunals, to consent that a foreign commission shall deem itself authorized to revise their decrees." After receiving this reply from the Spanish Minister, Mr. Meade addressed another memorial to the Board of Commissioners, informing them of the attempt which he had made to procure his vouchers from Spain, and of its failure; expressing the hope that, in his failure, and under the circumstances of the case, the Board would not persist in considering as inadmissible the Spanish certificate of liquidation; but, in the event that they should persist in so considering it, soliciting their interposition procure a formal demand of the vouchers, to be made by the American Government on the Government of Spain, conformably with the stipulations of the eleventh article of the treaty. to The Board persisted in considering the Spanish certificate of liquidation as inadmissible; but acceded to Mr. Meade's request, that a formal demand of the original papers should be asked by the Board of the Government of the United States, and through that Government, be made on Spain. Accordingly, on the 18th of April, 1823, the commissioners forwarded to the Secretary of State a specific list of the documents and elucidations required by Mr. Meade, in pursuance of the provisions of the treaty, that, "the said documents were to be specified, when demanded at the instance of said commismoners." Meantime, the three years, fixed by the treaty as the period of the commission, drew near a close, and, on the 29th day of May, 1824, (ten days before the termination of the commission) the Board decided that the evidence produced was not sufficient to establish the validity of any claims upon the Spanish Government, within the meaning of the treaty, upon account of the matters mentioned in the memorial of Mr. Meade, and they were accordingly rejected. Such is a brief statement [pursued Mr. EVERETT] of the case, presenting Mr. Meade to the consideration of Congress, under the following circumstances: He was a claimant for a large amount on the Government of Spain, and his claims were of a character, deemed by that Government to be in the highest degree meritori ous. It is acknowledged by the authorized representatives of the Government, both of the United States and Spain, that they intended to make provisions for its payment, under the stipulations of the treaty. No one, I think, can doubt, who will examine the documents before the committee, that (in the language of the Hon. II. L. WHITE, one of the commissioners, in his opinion delivered April, 1823) "Mr. Meade had claims upon the Spanish Government, which that Government felt itself bound to satisfy." There can be, of course, as little doubt, that, could Mr. Meade have received (as he had a right to receive,) his original documents and vouchers from Spain, some part at least of these claims would have been allowed and paid. In presenting his claim to the Board, under the advisement of the ablest counsel, he naturally offered, as very strong and authentic testimony of the amount and validity of his claim, the Royal official certificate of liquidation and acknowledgment of debt. Reason being given him to think, that, under the limitations and restrictions of the treaty, this kind of evidence would be deemed inadmissable by the Board, he applied to the Representative of the Spanish Government in this country, earnestly requesting to be furnished with the vouchers and documents which had been taken from him by the Spanish Government, after the liquidation of his claim. This demand was made by Mr. Meade immedi ately on receiving the intimation that the Royal certificate of liquidation would probably not be admitted, and more than two years before the expiration of the commission. H. or R.] Claim of Mr. Meade. [FEB. 23, 1828. With this brief development of the subject, I shall, at present, leave it. I have not attempted, certainly have not succeeded, in giving it a discussion commensurate with its importance. It is an extensive subject, capable of being connected with many great questions. Justice, I have no doubt, will be done to it by other members of this committee, and especially by gentlemen with whom I have the honor to be connected in the Committee of Foreign Affairs. It was but yesterday that it became probable that the bill would be called up to day. I have only aimed, therefore, under the circumstances, at a brief introduction of the case to the favorable notice of the committee. I cannot, however, sit down without expressing the earnest hope, that the committee will be disposed to pursue to a close the consideration of this subject, and to do, what I regard, as an act of long delayed justice. This demand was rejected, and even with expressions of stances required or permitted, identical with the first indignation, by the Spanish Minister, speaking on behalf The second section of the bill provides, that it shall pro of his Government. Mr. Meade then makes a more ceed on the same principles of examination as those which formal demand, through his Government, nearly fourteen governed the former Board, and that there shall be paid months before the close of the commission, for the vouch to Mr. Meade the same proportion of what may be found ers and documents needed to substantiate his claim, but, valid in his claim (between 92 and 93 per cent. of the in like manner, without success; and his claims are re-principal and no interest) as was paid to the other claimjected, for want of sufficient evidence to support them. ants. The third section is in blank, and proposes a suitMr. Meade therefore, has been deprived of his rights able compensation for the Attorney General and Auditors under the treaty. He had a right to his portion of the employed on this extra duty. At a proper stage of the fund, as far as his claim should be substantiated; and to consideration of the bill, I shall have the honor to make a substantiate it, he had a right to all the documents and elu- motion to fill the blank. cidations necessary for that purpose, and in the possession of Spain. He did not fail in any thing which he could do, in order to the enjoyment of these rights. He demanded his papers from Spain at the earliest moment he had any reason to think they would be wanted, more than two years before the expiration of the commission'; and in a manner not inconsistent with any of its provisions. At a later period, but still at a time when, if it had been instantly complied with, he might have received the benefit of his vouchers, he procured a formal demand of his papers from the Spanish Government. He could do no more. His Government alone could compel Spain (if compulsion were necessary) to furnish the papers. Though Spain was bound to furnish them, she was bound to the Government of the United States, and not to Mr. Meade. The Government of the United States, by renouncing and cancelling his claim on the Spanish Government, bound itself to Mr. Meade, to secure him in the enjoyment of all the stipulations of the treaty, among them the use of his vouchers, to be furnished by Spain; and contracted an obligation to make the demand of these papers effectual. He could not, of course, make that demand effectual himself. He could not go to Spain, and compel her to open her archives. He could go only to his own Government, and solicit her to cause them to be opened. He did so; and his own Government, having announced his claim on Spain, must cause them to be opened. I do not say that either Government has failed in its duty. That is a subsequent question, to be settled, which it will be time enough to agitate, when a liquidation of Mr. Meade's claim shall have shown the extent of the injury accruing from the failure of Spain promptly to furnish the papers. Meantime, Mr. Meade has certainly a right to be put on as good a footing as he would have stood upon had be enjoyed the right stipulated to him by the treaty-the right of using his original papers. But the three years have elapsed, and the commission has expired. What, then, can be done? The Committee of Foreign Affairs have known no other way in which they can provide a remedy for Mr. Meade than to approximate, as nearly as possible, to the extension of the former commission, that is, to create a new tribunal, to ex. amine and liquidate the claim, on the same principles as those which governed the decision of the other Boards; and to allow to Mr. Meade the same proportion of his claim as was allowed to the other claimants, to be paid by the United States in the first instance, because the United States contracted an obligation with Mr. Meade to secure him in the enjoyment of all the privileges of the treaty; and ultimately by Spain, if it shall appear that Mr. Meade and the United States have not failed, on their part, in doing any thing proper to be done by them, to procure the papers from Spain. The committee have proposed, in composing the Board, that it shall consist of the Attorney General and two Auditors. Their object in introducing this law officer of the Government into the Board, was to protect the rights of the U. States in the discussion and settlement of all questions of a legal nature which might present them selves in the examination and liquidation of these claims. In all other respects, the Board is, as nearly as circum Mr. POLK, said that, having been a member of the committee that reported this bill, and differing in opinion with a majority of that committee, he felt it to be his duty to assign the reasons which would induce him to vote against it For a series of years previous to the signature of the treaty of the 22d of February, 1819, between the United States and Spain, the present claimant, (Meade) had set up a claim against the Government of Spain, for a very large amount. He had pressed his claim on that Government unsuccessfully. All his efforts to obtain a liquidation of it, or even a recognition of its justice, had proved unavailing. The sum claimed by Mr. Meade was little less than half a million of dollars. Having despaired of obtaining satisfaction of his demands by his own individual exertions, he sought the interposition of his Government in his behalf. The kind offices of the Government, through its Minister resident at Madrid, were interposed in his behalf, but without effect. Before the signature of the treaty, "Mr. Meade desired that provision for his claim should be made in the treaty which was then negotiating; and made known this desire to the Government of the United States." A general statement of his claim was filed with the Secretary of State, and with the American minister resident at the Court of Spain. The treaty was finally concluded and signed on the 22d of February, 1819, and by its provisions was to be ratified by the two Governments within six months from that day. By the terms of the treaty, the two Governments respectivly renounce to the other, certain enumerated and specified classes of claims of its own citizens on the other; and assume the payment of its own citizens under certain limitations and conditions. The 5th renunciation of the 9th article of the treaty is-"the renunciation of the United States will extend"-"5th. To all claims of citi. zens of the United States under the Spanish Government, statements of which, soliciting the interposition of the Government of the United States, have been presented to the Department of State, or to the Minister of the United States in Spain, since the date of the Convention of 1802, and until the signature of this treaty." By the 11th arti. cle of the treaty, the United States stipulate to pay the claims of its own citizens on Spain, embraced in the renun ciations of the treaty, not to an unlimited amount, but "to an amount not exceeding five millions of dollars." By FEB. 23, 1828.] Claim of Mr. Meade. [H. or R. the same article of the treaty, it is provided that a Board Government, at the time of negotiating the treaty, on this been rejected. Mr. Meade, not satisfied with having writ- On the H. or R.] Claim of Mr. Meade. [FEB. 23, 1828. Government will regard as a serious insult, that what in claim; and, if so, why should we gratuitously take it upon Spain is acknowledged as most sacred and respectable, ourselves? If it is intended to revise the decision of the should here be pronounced of no value." And again he Board of Commissioners in this case-and such will unsays, that "his Catholic Majesty knows too well what is questionably be the effect of passing this bill-I would due to his own dignity, to the reputation of his ministers, remind gentlemen that, by the stipulations of the treaty and to the integrity of his tribunals, to consent that a for- itself, this Board were constituted, by the parties, the exeign commission shall deem itself authorised to revise clusive judges of what was "suitable authentic testimctheir decrees." ny" in support of any claim which might be brought beThe Board of Commissioners were not, however, to before them. Their decisions, by the agreement of the intimidated by these high-sounding and pompous declara- parties, were to be final and obligatory, not only on the tions of regal dignity and ministerial infallibility. Like claimants, but on the parties themselves. From their honest men they adhered to the decision they had made, decision no appeal was provided. This claimant has had and which they believed to be correct. Mr. Meade con- every opportunity afforded to him of presenting his claim, tinued to press his claim before the commissioners, but and supporting it by testimony, before the commissioners, without producing any change in their decision, until the so far as the United States were bound to afford that op 15th of April, 1823; on which day Hilario de Rivas y portunity, that all other claimants under the treaty have Salmon, the Spanish Chargé des Affaires, who had suc- had. The Board was created, and continued its session ceeded Don Anduaga, addressed a note to the Secretary for three years, as stipulated by the treaty. This claimof State, repeating, in substance, the view which bad ant presented himself before that Board. The evidence been taken by his predecessor, of the rejection of the he offered in support of his claim was rejected by the Spanish liquidation, as evidence, by the Board of Com Board, as incompetent to be received, at an early period missioners. To this note the Secretary of State replied, of its session. When he applied to them to demand ceron the 29th of April, 1823, sustaining the decision of the tain documents and papers from the Government of Spain, commissioners, in rejecting the Spanish liquidation as that demand was promptly made. No evidence was adevidence to support this claim. And I will here hazard duced by him sufficient to support his claim, and it was the opinion, that no gentleman here, who will take up finally rejected. But it is urged that the claimant in this that reply, and the opinion delivered by one of the com- case could not procure the "documents and elucidamissioners, and give them an attentive perusal, can doubt | tions,” necessary to support his claim, from Spain, in time for a moment the correctness of that decision. Mr. Meade to present them before the American commission closed having failed to goad the commissioners to a favorable de- its sessions; that Mr. Nelson, the American Minister to cision of his claim-having failed to intimidate them, by the Spanish Court, was delayed in his arrival there, in appeals to the Spanish authorities, and finding that they consequence of the blockade of Cadiz by a French squadwere sustained in their decision by their Government, at ron; that, when they were demanded by him, Spain faillength, on the 18th of April, 1823, more than twelve ed to furnish them. The answer to this argument is, first, months after he had been distinctly informed that the that Mr. Meade might, if he had not preferred another Spanish liquidation would not be received as testimony course, have applied to the Board of Commissioners to dein support of his claim, applied to the commissioners "to mand these "documents and elucidations" from Spain, require of the Spanish Government certain papers and immediately on being informed by them that the Spanish documents," which, he alleged, he considered necessary liquidation had been rejected. He was informed that to the establishment of his claim, and which he specified. the Spanish liquidation had been rejected, and that the The commissioners promptly made the demand of the original evidence was required, twelve months before he Spanish Government, through the Secretary of State. applied to the commissioners to make this demand. If The Secretary of State instructed the American Minister the demand had then been made, it could have been forto the Court of Spain, then about to sail on the duties of warded to Spain before the blockade had taken place, his mission, to make the demand of the papers specified, which prevented the speedy arrival of Mr. Nelson at the of the Spanish Government, and which they were bound Spanish Court, twelve months afterwards. Mr. Meade, to furnish when so demanded, by the stipulations of the however, chose to take a different course. He chose to eleventh article of the treaty. The American Minister resist the decision of the commissioners, in rejecting the did demand them of the Government of Spain, several Spanish liquidation as testimony in support of his claim. months before the period of three years, limited for the He preferred to lodge complaints against them with the session of the Board of Commissioners, expired. They Spanish Minister. He suffered twelve months to elapse have never yet been furnished, (if, in fact, they exist,) before he required them to make the demand. The next so far as we have been informed by the claimant, or from answer to the argument, is, that Spain, having failed to any other source. We have no assurance that they ever furnish the "documents and elucidations," when they will be. were demanded, violated the treaty; for, by the treaty, she bound herself to furnish them when demanded at the "instance of the commissioners." They were demanded at the "instance of the commissioners," and were not furnished. Spain, then, and not the United States, upon every principle, is bound to this claimant. Take another view of this claim. Admit, for the sake of the argument, that this individual had a just claim against the United States, but was unable to establish it, because he was unable to procure his testimony in proper time, it would be his misfortune, and not the fault of the United States. He would stand precisely in the same situation that all other claimants under the treaty do who failed to establish their claims, because they were unable to procure their testimony-and there are many such. Suitors, in the ordinary courts of justice lose their causes daily for want of their testimony. It is their misfortune, and not the fault of the Government, or the particular tribunal that decides the cause. From the review which I have taken of the facts and circumstances attending this case, upon what ground is it that the Government of the United States are now called upon to assume the payment of this enormous claim Has not the United States performed, in good faith, to the letter and the spirit, every stipulation which she was bound to perform by the treaty? No gentleman will say she has not. The Committee of Foreign Affairs them selves, who reported this bill-with a majority of whom I differ in opinion, in relation to this claim-admit this fact. In the report of the committee accompanying this bill, they say: "should this view of the subject be correct, it will follow that the responsibility of failing to furnish the papers ultimately rests with Spain; and that good faith must eventually require her to meet the consequences of this failure." Here it is distinctly admitted y the committee themselves, that Spain, and not the United States, is responsible for the payment of this |