Lower Canada, extending south to a line run ing from the river Aliva oa, and following the chain of the Alleghanies until it struck above Chaleur Bay. England extended her possessions to the southe of the said line, on the coast of the Atlantic, from the river St. Mary to the river St. Crois, and added to those possessions all the territory lying north of the two Canadas a far as Hud on's Bay and lake Win opeeg, which had been ceded to her by France, at the peace of 1713. and finally with several others as being within the dominions of the crown of Spain. The French themselves never disputed the rights of the Spani ards to possession and property, nor laid claim to these parts of the territories of the Spanish monarchy. The court of France always took the greatest care not to injure the rights of Spain, on all occasions of making grants of land within her settlement of Louisiana; and the French settlers at all times carefully respected the right bank of the Mississippi, throughout its whole extent, as But France as you know, sir, was by the treaty of 1763, excluded the well known property of Spain. No memoria; can be found from the continent of North America, with the exception of Louis declaratory of a contrary opinion, except a decree of Louis the jana, then reduced to the island of New Orleans, and to the tret of fourteenth, dated at Fontaiubleau, on the 14th Sept. 1712, in favor country to the north of Missouri, and extending to the British pos of M. Crozat, ceding to him, and the company formed by him, the sessions. By that treaty, she ceded to England both the Canadas, French settlement of Louisiana, with an ideal and vague demar-and all that part of Louisiana, extending over the left side of the eation of boundaries, by extending them mentally to New-Mexico Mississippi from its sonce to the Bayou Machac, and thence fol and the English province of Carolina, and along the Mississippi Towing the left of the river Ibervill, the lakes Maurepas and outfrom the sea to the Illinois, &c. It is evident, that the court of Chartrain, the coast and islands, to the river Perdido Spain ceded, France had not then any knowledge of the geography of that like manne), Florida to England, such as I have described it; and country, or that New-Mexico was considered as bordering on the in the year 1784 which is the second period when it is necessary to Mississippi; notwithstanding Louis the fourteenth had carried his distinguish and fix the basis referred to, she acquired, by cession, liberality so far in that grant, as to give the French company even wards acquired what France had ceded to the English, on the left of from France, her remaining portion of old Louisiana. She afterthe River Mississippi and the Missouri. He might, with equal the Mississippi, and Florida also, which she had coded to the in reason, have given that of the Amazons,the La Plata and Oronoko. You are perfectly aware, sir, the expressions of this grant are 1763, as is proved by the treaty of 1783. This treaty, and those of vague and absurd. They never could alter the fixed limits of 1763 and 1764, before mentioued, are those which it is necessary to French Louisiana or the Spanish possessions. The grant of Louis keep in view, together with that of St. Iklephonso, by which Spain the fourteenth was always considered as the act of a disordered ceded back to France what she had received from her; and France imagination. The Spanairds constantly preserved their dominion accepted the delivery, declaring herself satisfied, and taking posses sion by virtue of an act of his catholic najesty, which expresses the over all the right bank of the Mississippi to the Missouri, and over retrocession of Louisiana by Spain to France, such as she had reall the territories and waters from the former to the right shore of ecived it from Frame, in 1764. the latter. Even the French, themselves, notwithstanding this The treaties between France and the United States, and between famous grant, never ventured to go beyond the certain and well the latter and Spain, the first in 1778, and the se ond in 795, must known limits of their settlement, or violate those of the territory likewise be kept in view, to illustrate incoutestable rights and estab and dominions of the crown of Spain. It is, therefore, of no con-lish unalterable principles. To the treaties just mentioned, your sequence to us it such a blunder was committed by those who government and his catholic majesty may add all such other titles penned the said grant at Fontaiubleau. If a document of this and documents as may be thought necessary to remove or settle any nature was sufficient to dispossess a nation of its dominions, or of doubt which may arise in the subject matter, to the end that the any part of them, what security could there be in any part of basis of a demarcation may be laid down upon a due understanding, the possessions of independent kingdoms and states? Can there band established and fixed with the greatest possible exac ness. a mind capable of conceiving, that such a paper can fail to be absurd and completely despicable, since it never took effect, has always been resisted as rash and extravagant, and since the incontestible rights of Spain, to the property and possession of the said territories, existed then and do still exist? Certainly not. The court of France was immediately sensible of the extrava gance of that grant, as no farther mention was made of it. On the contrary, when it eeded Louisiana to Spain in 1764, M. Ketler, who had been many years governor of that province, was ordered to draw up a memoir, containing a description of its proper extent and limits. This memoir, delivered by the duke of Choiseal, miuister of France, to the Spanish ambassador at Paris, as a supplement to the act of cession of Louisiana agrees substantially with that which I have just now pointed out. I would carry this demonstra tion still farther, if I thought it necessary; and I will do so, if you shall have any thing to object to it. In the mean time, I now cons fine myself to declare to you, sir, and to the government of the United States, in the name of the king my master, that although Spain has an original and indisputable right to all the right bank of the Mississippi. his majesty has resolved to claim this right, sokly with a view to adhere to the uti possedetis, or state of possession, in which the crown of Spain was when she acquired Louisiana in 1764, and in which that of France was at the time she made the | eession. His majesty paying due respect to all such treaties and conventions, as have caused a change in the state of possession of the two nations in that part of America, religiously confines himself to the express period, when Louisiana was circumscribed by the well known extent and boundaries, with which it passed into the hands of the United States. As these boundaries, to the westward of the Mississippi, although always notorious and acknowledged, have not been marked out with the formality necessary to avoid doubts and arbitrary pretensions, and as it is only evident that they undoubtedly proceed from the Mexican Gulf, by the river Marmenta or Marmentão, and Arroyo | Hondo, by drawing a line between Natchitoches and Adaes, which erosses Red River, and extends towards the Missouri, I have done no more than point out the basis for a line of demarcation: and after we have agreed on this basis, a commission composed of Spaniards and Americans, formally appointed and authorized by their respective governments, can and ought alone, to examine and fix the boundasies between the possessions of the two powers, keeping in view the documents exhibited on both sides, and comparing them on the spot with the points to which they refer. The basis I now speak of as necessary for this demarcation of boundaries, must be sought for precisely in the most marked, leading, and notorious points, which showed the proper direction and extent of the territories of Spain, France, and England, in 1763 and 1764, since we cannot seek for them in preceding periods, the possessions of the three powers in this part of the American continent, being then very different from what they have been after those periods, in virtue of public treaties, which are, and ought to be, inviolable. The situation, therefore, of the three powers, until 1763, was as follows: The crown of Spain extended its dominion to the east, over the right side of the Mississippi, from its mouth to the mouth of the Missouri; and to the north, over the right side of the latter river, from its mouth to its source. Florida, already contracted by the intrusice establishment of Louisiana, commenced at the river Perdi. en, and extending eastward, towards the river Santa Maria,(St. Mary's) included the whole Peninsula, which extends as far as the 23 deg. of south latitude. its northern boundary was not yet fixed. In addition to the colony of Louisiana, such as I have shown it was. and onght then to be, France possessed the territgles of Epper and You are perfectly aware, sir, that there can be no other just mode of settling the dispute in relation to the question of boundaries, and that it is the one which has always been adopted by all nations in similar cases; it being the auxious wish or his catholic majesty that this demarcation may be so accomplished as to leave no room for doubts or controversy in future, by proceedio to it with good faith, and in a manner that may be satisfactory to b tù parties. 1, therefore, conclude this note with the same pinion I expressed in my former one, namely, that it is indispensible examine, aseer. tain and agree on the points necessary and essential to the estab. lis meut of the true boundaries, which separate, or tight to separate, Louisiana from the Spanish dominions; aud that this can only be determined by the mode proposed. It you will be pleased to point out to me any other, which, while it fulfils that object, may be conciliatory and compatible with the rights and honour of the crown of Spain, you may be assured, sir, that I shall adopt it with pleasure as I shall thereby further the intentions of my sovereign, which are to terminate, as speedily as possible, the disputes now pending in au amicable manner, so as to leave no spark of disagreement in future, With these sentiments I have the honour to offer myself to your disposal, and pray God to preserve you many years. (Signed) LUIS DE ONIS. Washington, 5th January, 1815. No. 7. (Translation) The same to the same. SIR-Having state to you in my notes of the 29th of the last, and 5th of the present month, all that I thought proper and necessary on the subject of boundaries, that we may ascertain, discern and fix with impartiality, justice and good faith, those which divide or ought to divide Louisiana from the Spanish possessions situate to the East and west of that province, acquired from France by the United States; I now proceed to discuss the different points on which your government founds claims against those of his catholic majesty. As this matter was sufficiently discussed (ventilado) and placed in the strongest light of evidence by the Spanish government, in the notes addressed by it to Mr Pinckney, at Aranjuez, and afterwards to the American commission composed of that gentleman and Mr. Mourot; and also in those which in the last instance were addressed by it to Mr. Erving, at Madrid, I shall resume the subject briefly, and precisely, merely touching on the principal points of the dispute, and showing with simplicity and clearness, to what the state of the question is reduced, and in what manner it should be fairly and just ly arranged. I divide into two classes the points on which your government de mands satisfaction and indemnification of his catholic majesty. The first comprehends the injuries, fosses and damages suffered by American citizens from Spanish authorities and subjects, and those sn♫• fered by the subjects of the crown of Spain from American autho rities and citizens. The second comprehends the losses, damages and injuries sustained by American citizens from captures made by French cruizers on the coasts of Spain, and condemned by Freuch consuls residing in the Spanish ports. To this the whole question of indemnification is reduced. The points embraced by the fist class, are as follows: st. The damages and injuries unlawfully caused by Spanish au thorities and subjects on American citizens; and by America: authorities and citizens on the subjects of the crown of Spain; in viola tion of the law of nations and of the existing treaty, during the war between Spain and Great Britain, which terminated at the peace of 1801. 2dly, Damages and injuries sustained by Amstican_citizens in consequence of the interruption of the place of deposit at New tent of their said jurisdiction, whether they are at war or not with the power whose subjects have taken possession of the said effects" The first and third points are consequently to be acknowledged as substantially forming only one, subject to the examination and decision of the joint commission which is to determine the necessary compensation, in virtue of the convention to be stipulated on the bapel the aggressors to make due satisfaction, as they were her subsis of that of 1802. The second point, namely, that of the suspension of the deposite at New Orleans,, might be omitted. You are aware, sir, that it lasted but a very short time, and in the depth of winter, when the exportation of the produce of the western states was very inconsid. erable, and very hazardous and difficult; that, moreover, the order of the intendant, produced no other inconvenience to the American citizens than the trifling one of loading in the stream, instead of laying their boats along the quay at New Orleans; and that the said order of the intendant was an arbitrary act, duly disapproved of by his catholic majesty, and for which he directed his minister to give suitable satisfaction to the United States, in his royal name. The United States having received it, this affair ought from that time to be considered as terminated. On the other hand, you cannot but admit, that his catholic majesty was not bound to continue the deposite at New Orleans, after the termination of the precise period stipulated by the treaty of 1795 by which his catholic majesty only agreed to designate another spot for the said deposite upon the banks of the Mississippi. As this new spot was to be to the satisfaction of the United States,it was for them to point out and ask for it. The suspension, ordered by the inten dant, although highly disapproved by the Spanish government, was in consequence of the scandalous contraband and abuses by which, under cover of the deposite, enormous frauds were committed on the royal revenue. By the treaty no provision was made for this case, nor was there any stipulation relative to the time which was to in tervene during the removal of the deposite from New Orleans to another spot on the bank of the Mississippi, or to the intermediate period between the suspension of the said deposite, and the assigning another situation for it. The government of Spain was, therefore, not bound to become answerable for the losses and injuries eventually sustained by the short interruption of the deposite, since such obligations could only grow out of the stipulations of that treaty, which does not contain a single word that has the most distant allusion to such an obligation or engagement on the part of his catholic majesty. I would go still further to show, that by no established principle of the law of nations can Spain be considered responsible for such indemnifications, not even indirectly, in case France should refuse to make them. I would eite, among others, the case in which Sir W. Scott, judge of the high court of admiralty of Great Britain, de cided, that prizes made by a belligerent, and carried into the pots of a power, its ally, and there condemned, are justly and lawfully condemned, according to the law of nations, and that the owners of the property, prior to its condemnation, have no longer a claim to it after condemnation has taken place. From this and other deci. sious, it follows, that the government, to whose subjects the property condemned belonged, has no ground to bring forward conplants or claims against the government of the country where the prizes were made, because the condemnation is conformable to the law of nations, the sentence pronouncing it is valid, and the authority condemning the property legal, and proceeded according to rule. This doctrine is well known and acknowledged in the United States as also the principle, that when a nation has employed its good offices, and taken such means as are in its power to procure satisfaction for the offence, and obtain compensation for the injuries committed on its coasts, and in its ports, on a friendly or neutral nation, it is bound to nothing more, although its good offices and endeavours may not have produced the desired effect. This principle was applied by Mr. Jefferson, in his letter of the 5th of September, 1793, to George Hammond. It is also admitted by the best civilians, at agrees perfectly with the obligations of Spain towards the United States, resulting from the existing treaty between the two nations. I mean, however, in case Spain had not been the ally of France at that period, because, even in that case, the principle I have justindicated would govern; but being then the aily of France in the war Notwithstanding these reasons, and various others which I against Great Britain, she might certainly employ, among the excould adduce.to prove that the government of Spain cannot be bound ceptions exempting her from all responsibility in the case here treat to make satisfaction for the aforesaid losses and damages, his catho-ed of the principle which served as the ground of Sir W. Scott's de lie majesty is disposed to yield to the reclamation of the United cision in the British admiralty court; but I do not consider it necesStates on this point, provided they still insist on it, and to submit it, sary farther to illustrate these legal objections of the government with the others spoken of, to the investigation and decision of the of Spain against the claim of your government for the aforesaid injoint commission. There will, therefore, be no difficulty, in also injuries, inasmuch as this capital exception attends it, namely, that saelnding this point, as far as it relates to injuries really caused by the tisfaction for those injuries was already made to the United States order of the intendant of New Orleans, in the convention to be for- by France, and consequently this affair is, and ought to be consider. med and signed, if required by you; it being his catholic majesty's ed as settled and terminated. This essential exception makes it st desire to give continued proofs to the United States of his frankness, perfluous to produce others, since the obligation spoken of, which good faith, and condescension. I now proceed to the claim for los was and could only be but one, is thereby evinced to have been exses and injuries committed on citizens of the United States by tinguished. The French government has positively declared, that French cruizers and tribunals, in the capture of American vessels on in the special convention concluded between France and the Unithe coasts of Spain, and their condemnation in Spanish ports, form- ted States, this point was settled; and that the said convention, by ing the object of the second part of this question, or that embracing which this claim and demand of the United States, for due compenthe points of the second class, in the order of the enumeration I have sation for the losses and damages now spoken of, were attended t adopted. and redeemed, was ratified in 1802, together with the treaty of eessaid injuries and losses was then estimated and compensated in the price stipulated for Louisiana; so that full compensation was then made to the United States for all that was estimated and agreed on between the French and American governments, as forming the va lue of the said losses and injuries. The French ainbassador at Madrid, gave a verbal assurance to this effect to his catholic majesty's minister of state, and the minister of foreign affairs of France gave a similar assurance to the Spanish ambassador at Paris. His catho lie majesty also demanded a formal and categorical answer of the French government on this point, which formal declaration I here copy: it is thus expressed, in the note transmitted by the minister of France to the ambassador of his catholic majesty. This part of the question was discussed in a very luminous mansion or sale of Louisiana." That is to say, that the amount of the ner, in the notes addressed by his catholic majesty's government to the American ministers on the 10th February and 5th March, 1805; and you are aware, that no reply was made on the part of the United States, weakening in the least the force of the principles and the truth of the facts on which the opposition of his catholic majesty to a responsibility for those damages and injuries was grounded. You will agr with me, Sir, that there is no possibility of deciding, by a general rule the extent of the responsibility of a nation, on whose coasts and ports agressions have been committed by another against a third party, as it depends in a great degree on the circumstances of the case, and the particular stipulations binding on nations. By the treaty between Spain and the United States, the obligation of Spain is reduced to exercise its good offices with the offend "Bourbon L'Archambault, 8th Ther: lor, 12th year, (27th July, ing party, and to aid the claims of the party aggrieved. "Each 1804.) Monsieur l'Ambassadeur, I have duly laid before his imperial party shall endeavor, (says the treaty) by all means in their power, to majesty the note which you did me the honour to address to me, daprotect and defend all vessels and other effects belonging to the citted the 24th July, relative to the discussion which has taken place Zeus or subjects of the other, which shall be within the extent of between the court of Spain and the government of the United their jurisdiction, by sea or by land, and shall use all their efforts to States. I shall not fail immediately to submit to him the more amrecover and cause lo be restored to the right owners, their vessels ple explanations which your excellency announces your intentions of and effèers, which may have begh arken from them within the ex-making to me, both verbally and in writing, on this dispute, which NEW SERIES. No. 5-VOL. II.] BALTIMORE, MARCH 28, 1818. [No. 5-VOL. XIV. WHOLE No. 343 THE PAST THE PRESENT-FOR THE FUTURE. PRINTED AND PUBLISHED BY H. NILES, AT $5 PER ANNUM, PAYABLE IN ADVANCE. seems to threaten the good understanding existing between the Uni-reduced; and his catholic majesty's government offers immediately ted States and your court. Although I might yet defer giving my to sustain all the just pretensions which the government of the Uni opinion to your excellency, in consequence of your intention to fur-ted States may be desirous to form against the government of France Dish me with the explanatory statements which you announce, I do on this point, or to demand of it all such explanations as may be not hesitate to inform you by anticipation, that his imperial majesty judged necessary to clear up all doubts, if any are yet entertained camot but be extremely sensibie to the uncertain and uneasy posi-by the United States, on this matter. tion in which two powers, in amity with France, are placed by this misunderstanding, and that he will certainly do whatever may depend on him to prevent its coming to an unfortunate issue. This point then being separated from those connected with the question of claims for injuries, losses, and damages, because that is already settled between France and the United States, or is to be "It is several months since I was informed by the charge d'af settled with France directly, if any thing still remains to be perform. taires near the federal government, of the pretensions of that goved, we can agree upon a just and suitable node of determining a ernment, relative to a portion of country bordering on Florida, reciprocal satisfaction for the injuries, losses and damages, before which has become a great object of ambition to the Americans, in spoken of, and included in the three points of the first class, as enurelation to the establishment of their revenue system: and it seemed merated in this note, in order that we may proceed more clearly and to me, from this information, that it was important that the federal methodically. These three points, as I have before said, will be subgovernment should use all the means in its power to obtain the an-mitted to the judgment and decision of the joint commission, in vir nexation of this frontier portion of Florida to Louisiana; but the opi-tue of the convention to be formed on the basis of that of 1802, simnion due to the justice and moderation which distinguish the per-plifying and rectifying it in such manner as will ensure its most eKsonal character of the President of the United States, has not, nor peditious and faithful execution. does it yet, permit me to think that menaces, provocation and In this note and the two others which I have Jalready had the ho groundless hostility may be considered by him as the most suitable nor to address to you, are contained all the points in dispute between mesus to enable the United States to acquire a portion of territory the government of his catholic majesty and that of the United belonging to a foreign power, which suits their convenience. States; and to avoid confounding them with each other, I have treat "Respecting the second point in dispute, which your excellency ed them in their regular order, with precision, simplicity, and cleardoes me the honour to speak of in your note, I must say that I had ness. You can examine each of them, sir, with the impartiality and previously no knowledge of it. And, indeed, If I had been inform-rectitude which distinguish your character; and I flatter myself that ed that his catholic majesty's ministers had carried their condescen- all the motives and grounds of the controversy will be completely sion for the government of the United States so far as to engage removed by your discernment and wisdom, as you will not fail to themselves towards it for indemnifying violations pretended to have acknowledge the irresistible force of what has been, and is now debeen committed by France, I should certainly have received orders monstrated on the part of the government of Spain. from my government to express the dissatisfaction which France When the different points treated of in each of these notes, with must feel on the occasion of so unseemly a deferenc; and this dis- the necessary discrimination, are considered, and a decision formed mtisfaction would have been expressed still more warmly to the gov-on each of them, it is requisite that we should definitively settle and ernment of the United States than to that of Spain. There is every terminate the controversy, without leaving any room for dispute in reason to suppose that the court of Spain, by thus yielding to an future. improper demand, has emboldened the American government, and This general and definitive arrangement of all the points in dis. determined it to become pressing, and even menacing on this occa-pute, must, by its nature and circumstances, precede the negocia sions. As for the rest, the explanations formerly given to your court tion for the exchange or cession of the Floridas, since until it be deon this point, as well as those which have been authorized to be giv-termined and settled what are the territories on the frontier which en to the government of the United States, by the charge d'affaires belong to Spain, and what are those which belong to the United of his imperial majesty, must enable you to judge of the opinion States, it is impossible to estimate the equivalent to be given to formed by his majesty on this question, which having already been Spain for the two Floridas. Nevertheless, as it is the earnest desire the subject of a long negociation and of a formal convention be-of his catholic majesty to meet the wishes of the United States in tween France and the United States, cannot again become a subject every thing that may be compatible with the rights and honour of of disccassion." his royal crown, you may, sir, devise and propose a mode by which "Such, Monsieur l'Ambassadeur, are the remarks that I have we may at one and the same time adjust all the points of the con-though proper to make in the first instance, in answer to the pre-troversy, and stipulate the exchange or cession of the Floridas, in limiary note of your excellency. In addition, I must observe, that case your government should not agree to our previously settling in my opinion, the demonstrations which appear to me to have giv- the points connected with the question of boundaries, and establishen your government the uneasiness it has charged you to express, ing a couvention, in conformity to the basis of that of 1802, for the are somewhat exaggerated, either from the impression they have mutual compensation of losses and injuries, according to the order produced at Madrid, or from the construction, possibly too extensive. I have adopted in my note. winch the minister of the United States to his catholic majesty, may I expect, therefore, your answer, sir, whether it be confined dis I conclude, with the renewed assurances of my respects, and I pray God to preserve you many years. (Signed) LUIS DE ONIS. Washington, 8th January, 1818. bave, perhaps, given to his instructions. There is no room to sup- tinctly to the subject of each one of my notes, according to their pose that a government, anxious as that of the United States is, to respective order, or to propose a mode embracing all the points comestablish a general opinion of its wisdom and moderation, would reprehended in them, by which we may have them collectively settled solve on engaging in an unjust war through motives of ambition; in the negociation which is to be entered upon for the exchange or but as the United States attach great importance to the acquisition cession of the Floridas. In this proceeding you will perceive, sir, of a part of Florida suited to their convenience, it is not to be doubt a certain proof of the frankness and good faith of the Spanish gov. ed that they will make every effort to obtain it. The ground of this ernment, and of the sincere and friendly sentiments entertained by dispute, therefore, rests entirely on this point. Perhaps the federal the king, my master, for the United States. government may have thought that it would tend to promote a negociation for exchange, by exciting a diplomatic quarrel. The wis dom of his catholic majesty will certainly suggest to him what is proper to be done on this occasion, with a view to terminate a dispate, which. I have no doubt, will incessantly be revived, so long as no change will take place in the actual relative position of Louisiana and the Floridas; but, on this point, it is for the wisdom of his cath the majesty to decide. The United States are not founded in making any claim on his majesty. A positive declaration was made to them, that Louisiana was delivered to them, such, and with the same extent it had when acquired by France, and this declaration will again be made to them as often and as positively as his catholic majesty will desire it. I request your excellency to receive the assurances of my high. est consideration. Cha. Mau. Talleyrand. To Admiral Travina, ambassador of his catholic majesty." NO. 8. The same to the same. SIR-In the National Intelligencer of the 6th of this month, I have seen published the official notice of the occupation of Amelia Island by the troops of the United States. I had already anticipated this unpleasant event, by the note which I had the honour to address you on the 6th of last month, in which I ren:onstrated in the name of his catholic majesty, against the measures announced in that part of the President's message to both Houses of Congress, which manifested an intention to invade, and forcibly seize on pla ces and territories, belonging to the crown of Spain. Having reYou see, sir, that this declaration of the French government is ceived no answer to that note, I now feel myself obliged to repeat conclusive, and that the responsibility for losses and injuries caused its contents to you, and to protest, as I now do strongly protest, in by French cruizers and tribunals on the coasts and in the ports of the name of the king, my master, against the occupation of Amelia Spain, is removed from the period of that agreement: and that to Island, effected by the naval and military forces of this Republic, renew a claim for what has been already paid and satisfied, would destined to operate against that Island, forming a part of East Flobe exacting double reparation for one and the same injury, and dou-rida, one of the possessions of the Spanish monarchy, on this contible payment for one and the same debt. Notwithstanding, if the nent. United States have still a claim for the complete fulfilment of this Whatever may have been the motives on which the government satisfaction and payment, his catholic majesty is ready to unite his of the United States have founded their adoption of this measure, it good offices and earnest requests to this claim of your government cannot but be considered by all nations, as a violent invasion of the on that of France, in order that she may perform, and cause to be dominions of Spain, at the time of a profound peace, when his cathperformed, whatever may be justly required in behalf of American olic majesty omits nothing to give the most generous proofs of his itizens who have sustained losses and injuries by her cruizers and perfect friendship, and high consideration for the United States. tribunals. To this the obligation of Spain, in the present case, is I therefore trust, that upon your communicating this solemn re VOL. XIV.- -6. clamation and protest to the President, be will be pleased to direct cupied, the American govenment would have been spared the nethat suitable orders be given to the American commanders at Amecessity of the measure which was taken, and which was dictated lia Island, and on that station, forthwith to restore the said island, to by the duty of protecting the interest, as well of this country as of gether with all its dependencies to his catholic majesty, and to de- those with whom we are in friendly commercial relations, includfiver up the same to the Spanish commandant, and officers presenting Spain herself. But Spain cannot expect that the United States should employ their forces for the defence of her territories, or to ing themselves for that purpose, in the name of their sovereign, It is also my duty to represent to you, sir, that at the time of the rescue them for her exclusive advantage, from the adventurers invasion and occupation of that island by the American troops, there who are projecting, and in the act of executing, expeditions against was, and I believe still is, a considerable property belonging to Span them, from territories without the jurisdiction of the United States. ish subjects, which, in all cases, it is required by strict justice, should, Neither can the United States pernit that the adjoining territo be delivered to the owners, which I doubt not has already been, or ries of Spain should be misused by others, for purposes of annoyance will be done, in a due and proper manner, care being taken in the to them." Under these circumstances, the president is persuaded that you mean time, that it be not removed, or suffer injury. I await your reply to this reclamation and protest, that I may be will perceive the necessity, either of accepting the proposals her in enabled to give seasonable intelligence and instructions to the gov-contained, as the basis of an adjustment of the long standing differ ernor of St. Augustine, and to the captain general of the island of ences between the United States and Spain, or of offering such as Cuba, provided the president, as I flatter myself, will resolve on the can, by any possibility, be acceptable to this government without prompt restitution and delivery of Amelia and its dependencies, to reverting to a course of proceeding, the only result of which must be further procrastination. his catholic majesty's government. I pray you, sir, to accept the assurance of my very distinguished JOHN Q. ADAMS, consideration. (Signed) I cannot by any means doubt that this will be effected, confiding as I do, in the high rectitude of the president, and in the inviolable principles of public faith, on which the security of nations teposes, I have the honor to renew the assurances of thy respects, and pray God to preserve you many years. (Signed) Washington, 8th January, 1818. No 9. LUIS DE ONIS. The Secretary of State to Don Luis de Onis. No. 10. The chevalier don Luis de Onis to the secretary of state. SIR-I have received your letter of the 16th of Department of State, Washington. 16th January, 1818. this month, by which I see with great regret, that SIR.-Your letters of 29th December, and of 5th, and 8th of the pre-in acknowledging the receipt of those I had the sent month have been received, and laid before the President of the honor to address to you on the 29 h of last month, United States. He has seen, not without surprise and regret, that they consist al- and the 5th and 8th of the present, you omit to anmost entirely of renewed discussions upon the several points of difference which have so long subsisted between the United States and swer them, and decline taking into consideration Spain; discussions which had been exhausted in the correspondence the indisputable facts and grounds, and the irresis between the minister plenipotentiary of the United States, at Mtible arguments advanced in them, in relation to drid, and your government in the years 1802 and 1803, and more especially in that between Don Pedro Cevallos, and the special, each of the points embraced by the dispute sel on extraordinary mission of the United States to your court, in 1805; a foot by the government of the United States mission, instituted by the American government, under the influ You ence of the most earnest desire to terminate amicably, and to the sa-say it is useless again to discuss the facts, reasons tisfaction of both the parties, all those differences; but which after and arguments produced by the Spanish governfive months of negociation at Aranjuez, issued in the refusal of Spainment in the years 1802 and 1893, and in 1805, the to give satisfaction to the United States, upon any one of the causes American plenipotentiaries and the special extraof complaint which were to be adjusted, or even to settle the ques tions of boundaries, existing between the United States and the ordinary mission, conjointly with him, having hen Spanish provinces bordering upon them. The President considers replied to the different points of the notes of the that it would be an unprofitable waste of time, to enter again at ere upon topics of controversy, which were at that time so thor- Spanish ministry, in a manner capable of elucidatorghly debated, and upon which he perceives nothing in your notes ing the respec ive rights of each of the two powers, w:uch was not then substantially urged by Don Pedro Cevallos, and and of establishing the pretensions of the gov rnto which every reply essential to elucidate the rights, and establish the pretensions on the part of the United States, was then given. ment of the United States; for proof of which you For proof of which, I beg leave merely to refer you to the letters of refer me to the letters of Messrs. Monroe an! Pinck-. Mr. Monroe and Mr. Pinckney, to Mr. Cevallos, of 28th January, 26 February, 8th and 16th March, 9th and 20th April. and 12th Mayney, to his catholic majesty's minister, don Pedro 1805. I am instructed by the President to propose to you an adjust. Cevallos, of the 28th of January, 26th Februar, 8 h ruent of all the differences between the two countries, by an arrange-and 16th March, 9th and 20th April, and 12th May, 1805. ment on the following terms: 1. Spain to cede all her claims to territory, eastward of the Misissippi. 2. The Colorado, from its mouth to its source, and from thence to the northern limits of Louisiana, to be the western boundary; or, to leave that boundary unsettled for future arrangement. 3. The claims of indemnities for spoliations, whether Spanish, or French within Spanish jurisdiction, and for the suppression of the deposit at New Orleans, to be arbitrated and settled by commissioners, in the manner agreed upon in the unratified convention of 1802. 4. The lands in East Florida, and to the Perdido, to be made answerable for the amount of the indemnities which may be awarded by the commissioners, under this arbitration: with an option to the United States, to take the lands and pay the debts, or to sell the lands for the payment of the debts, distributing the amount receive ed, equally, according to the amount of their respective liquidated clains among the claimants. No grants of land, subsequent to the 11th of Angust, 1802, to be valid. part of them. I think it proper to observe, in the first place, that although the facts, grounds and arguments, then produced by the Spanish government, do not differ essentially from those stated in my notes, their irresistible and conclusive force is neither altered nor in any manner impaired. Truth is of all times; and reason and justice are foun led on im mutable principles. It is on thes principles that the rights of the crown of Spain are founded to the territories eastward and westward of Louisian?, claimed by your government as making part of that province; rights of immemorial property and possessions, never disputed, but always notorious and acknowledged by other nations. 5. Spain to be exonerated from the payment of the debts, or any These proposals do not materially differ from those made to Don In the second place I must remark to you, that Pedro Cevallos, on the 12th of May, 1805. The president has seen nothing in any events which have since occurred, nor in the contents of your notes, which can afford a reason or a motive for de throughout the whole correspondence on this subparting from them. Of the motives for coming to an immedi-ject, between the ministry of the United States and ate arrangement, the urgency cannot escape your attention. The that of his catholic majesty, there is not a single events which have recently occured in a part of the the territory, which you have informed me the king of Spain is willing to cede fact, or a single argument, that can affect the ser to the United States, those which are notoriously impending over tainty, or decisive force of the facts, grounds and the remaining part of that territory yet in the possesion of Spain, make it indispensably necessary that the ultimate determination reasons, which support and determine the aforesaid of your government in this negociation should be acted on with rights of the crown of Spain. There does not appear out delay. The explanations requested by your notes of the 6th to be a single incident to give the smallest sup. December, and 8th January, of the motives of this government in the occupation of Amelia Island, have been given in the message port to the pretentions of your government. of the president to Congress of the 13th instant, and cannot fail the vague positions on which it has been attempted of being satisfactory to your government. You see it there dis to found them, have been refuted and dissipated by tinctly and explicitly declared, that the measures which this, vernment found itself under the necessity of adopting in relation the Spanish government by a demonstracion so luto that island, were taken, not with a view to conquest from minious and convincing, as to leave no alternative to Spain. You well know that if Spain could have kept, or recovered the possession of it from the trifling force by which it was oc reason to resist it. go All UNIVERSIT NILES' REGISTER-MARCH 28, 1818-RELATIONS WITH SPAIN To lay all this a side, and merely to say, "that it settled by a joint commission, as agreed upon in the 3. That Spain shall be exonerated from the pay. ment of the debts, or any part of them. Before I reply to these three proposals, I must repeat the uniform declaration of the Spanish goIt is the sincere wish of his catholic majesty, that vernment to the United States, that his catholic a just mode of amicably settling all pending differ- majesty is, and always has been, ready to settle the ences may be adopted, and he has authorized me, question of indemnities, with a view to the full safor this purpose; but neither the powers he has con- tisfaction of the just claims of the parties interestferred on me, nor my own sense of duty, permit me ed; and that his majesty has always manifested the to enter into an arrangement which is not based same sincere desire to settle definitively the quesupon the principles of common justice, combined in tion of boundaries to the satisfaction of both pow good faith with the suitable considerations of recipers; and that if neither of these objects has been Focal utility or convenience. Being anxiously de-accomplished, it has not depended upon the gosirous of carrying the wishes and frank dispositions vernment of Spain. The contrary is evident, beof my sovereign into execution, I suggested to you yond the possibility of denial, from the official in our last verbal conference, the expediency of your correspondence between his catholic majesty's making to me such proposals as you might think minister of state, and the plenipotentiaries of the fit, to reconcile the rights and interests of both American government, who suspended and broke powers, by a definitive arrangement of the differ-off the negotiation at Aranjuez, after having obsti ences pending between them. Since you commu-nately refused to accept the modifications founded cicated the present state of things to the president on strict justice, which were proposed by the Spayou have proposed to me in your note a plan of ar-nish government. rangement or adjustment, embracing the question I now proceed to state the most obvious and esof boundaries, and that of indemnities, which is as sential difficulties which render your three propofollows: sals for the settlement of indemnities inadmissible. I observe that in speaking of them, you only mention the indemnity for spoliations suffered by American citizens, and omit that which is equally due to Spaniards for spoliations committed on them by the citizens and authorities of this republic, in violation of the law of nations and the existing treaty. I also observe that you not only omit this indispensable basis of reciprocity and common justice, but propose the immediate cession of both the Floridas, which two Spanish provinces are to be retained by the United States, as an indemnity or payment of what may appear to be due by Spain to American citizens, according to the arbitration of the joint commission. To settle the former, you propose "that Spain shall cede all her claims to territory eastward of the Mississippi, (that is to say, the two Floridas;) and that the Colorado, from its mouth to its source, and from thence to the northern limits of Louisiana, shall be the western boundary of that province." I have expressed in one proposal what you have To settle the question of indemnities, you make the following proposals: |