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year, when it was suspended by presumed amount of their losses, the late treaty, a more satisfac- Other considerations of great tory provision to both parties, as weight urged the cession of this was presumed, having been made territory by Spain. It was surfor them. Other differences had rounded by the territories of the arisen in this long interval, affect- United States on every side, exing their highest interests, which cept on that of the ocean. Spain were likewise provided for by had lost her authority over it, this last treaty.

The treaty itand, falling into the hands of adself was formed on great consi- venturers connected with the saderation, and a thorough know- vages, it was made the means of ledge of all circumstances, the unceasing annoyance and injury subject matter of every article to our Union, in many of its most having been for years under dis- essential interests. By this cescussion, and repeated references sion, then, Spain ceded a terrihaving been made by the minister tory, in reality, of no value to of Spain to his government, on her, and obtained concessions of the points respecting which the the highest importance, by the greatest difference of opinion pre- settlement of long-standing difvailed. It was formed by a mi- ferences with the United States, nister duly authorized 'for the affecting their respective claims purpose, who had represented and limits; and likewise relieved his government in the United herself from the obligation of a States, and been employed in treaty relating to it, which she this long-protracted negotiation had failed to fulfil, and also from several years, and who, it is not the responsibility incident to the denied, kept strictly within the most flagrant and pernicious letter of his instructions. The abuses of her rights where she faith of Spain was therefore could not support her authority. pledged, under circumstances of It being known that the peculiar force and solemnity, for treaty was formed under these its ratification. On the part of circumstances, not a doubt was the United States this treaty was

entertained that his Catholic maevidently acceded to in a spirit jesty would have ratified it withof conciliation and concession. out delay. I regret to have to The indemnity for injuries and state that this reasonable expeclosses so long before sustained, tation has been disappointed; and now again acknowledged and that the treaty was not ratified provided for, was to be paid by within the time stipulated, and them, without becoming a charge has not since been ratified. As on the treasury of Spain. For it is important that the nature territory ceded by Spain, other and character of this unexpected territory, of great value, to which occurrence should be distinctly our claim was believed to be well. understood, I thing it my duty to founded, was ceded by the United communicate to you all the facts States and in a quarter more and circumstances in my possesinteresting to her. This cession sion relating to it. was nevertheless received as the “ Anxious to prevent all future means of indemnifying our citi- disagreement with Spain, by givzens in a considerable sum, the ing the most prompt effect to the

cause.

treaty which had been thus con. the ratification of the treaty by cluded, and particularly by the his Catholic majesty. It is alestablishment of a government in leged by the minister of Spain, Florida, which should preserve that this government had atorder there, the minister of the tempted to alter one of the prinUnited States, who had been re- cipal articles of the treaty, by a cently appointed to his Catholic declaration, which the minister majesty, and to whom the ratie of the United States had been fication, by his government, had ordered to present, when he been committed, to be exchanged should deliver the ratification by for that of Spain, was instructed his government in exchange for to transmit the latter to the de- that of Spain; and of which he partment of state as soon as ob. gave notice explanatory of the tained by a public ship subjected sense in which that article was to his order for the purpose. understood. It is further alleged, Unexpected delay occurring in that this government had recently the ratification, by Spain, he re- tolerated, or protected, an expequested to be informed of the dition from the United States

It was stated, in reply, against the province of Texas. that the great importance of the These two imputed acts are subject, and a desire to obtain stated as the reasons which have explanations on certain points induced his Catholic majesty to which were not specified, had withhold his ratification from the produced the delay, and that an treaty, to obtain explanations reenvoy would be dispatched to the specting which, it is repeated that * United States to obtain such ex- an envoy would be forthwith displanations ofthis government. The patched to the United States. minister of the United States offer- How far these allegations will' ed to give full explanation on any justify the conduct of the governpoint on which it might be desired, ment of Spain, will appear on a which proposal was declined. view of the following facts, and Having communicated this result the evidence which supports to the department of state, in Au- them. gust last, he was instructed, not- ' " It will be seen by the docuwithstanding the disappointment ments transmitted herewith, that and surprise which it produced, to the declaration mentioned relates : inform the government of Spain,' to a clause in the eighth article, that if the treaty should be rati- concerning certain grants of land fied, and transmitted here at any recently made by his Catholic time before the meeting of Con- majesty, in Florida, which it was gress, it would be received, and understood had conveyed all the have the same effect as if it had lands, which till then had been been ratified in due time. This ungranted. It was the intention? order was executed: the autho. of the parties to annul these latter rized communication was made grants, and that clause was drawn to the government of Spain, and for that express purpose, and for by its answer, which has just been none other. The date of these received, we are officially made grants was unknown, but it was acquainted, for the first time, with understood to be posterior to the causes which have prevented that inserted in the article: inVol. LXII.

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deed, it must be obvious to all, Each party is bound to ratify it. that if that provision in the treaty If either could set it aside, withhad not the effect of annulling out the consent of the other, these grants, it would be altoge- there would be no longer any ther nugatory. Immediately after rules applicable to such transacthe treaty was concluded and tions between nations. By this ratified by this government, an in- proceeding, the government of timation was received that these Spain has rendered to the United grants were of an anterior date States a new and very serious to that fixed on by the treaty, injury. It has been stated, that and that they would not, of a minister would be sent, to ask course, be affected by it. The certain explanations of this gomere possibility of such a case, vernment. But, if such were so inconsistent with the intention desired, why were they not asked of the parties, and the meaning within the time limited for their of the article, induced this go- ratification? Is it contemplated vernment to demand an explana. to open a new negotiation retion on the subject, which was specting any of the articles or immediately granted, and which conditions of the treaty? If that corresponds with this statement, were done, to what consequences With respect to the other act might it not lead? At what time, alleged, that this government had and in what manner, would a tolerated or protected an expedi- new negotiation terminate ? By tion against Texas, it is utterly this proceeding, Spain has formed without foundation. Every disa

a relation between the two councountenance has invariably been tries which will justify any mea, given to every such attempt sures on the part of the United within the United States, as is States, which a strong sense of fully evinced by the acts of the injury, and a proper regard for government, and the proceedings the rights and interests of the of the courts. There being nation, may dictate. In the cause, however, to apprehend, in course to be pursued, these obthe course of the last Summer, jects should be constantly held that some adventurers entertained in view, and have their due views of the kind suggested, the weight. Our national honour attention of the constituted au- must be maintained, and a new thorities in that quarter was im- and distinguished proof be afmediately drawn to them, and it forded, of that regard for jusis known that the project, what- tice and moderation which has ever it might be, has utterly invariably governed the councils failed.

of this free people. It must be “ These facts will, it is pre- obvious to all, that if the United sumed, satisfy every impartial States had been desirous of makmind that the government of ing conquests, or had been even Spain had no justifiable cause for willing to aggrandize themselves declining to ratify the treaty. A in that way, they could have had treaty, concluded in conformity no inducement to form this treaty. with instructions, is obligatory, They would have much cause for in good faith, in all its stipula- gratulation at the course which tions, according to the true in- has been pursued by Spain. An tent and meaning of the parties. ample field of ambition is open before them. But such a career of this people. Much is due to is not consistent with the princi- courtesy between nations. By a ples of their government nor the short delay we shall lose nothing; interests of the nation.

for, resting on the ground of im“ From a full view of all cir- mutable truth and justice, we cumstances, it is submitted to the cannot be diverted from our purconsideration of Congress, whe- pose. It ought to be presumed ther it will not be proper for the that the explanations which may United States to carry the con- be given to the minister of Spain, ditions of the treaty into effect, will be satisfactory, and produce in the same manner as if it had the desired result. In any event, been ratified by Spain, claiming the delay for the purpose menon their part all its advantages, tioned, being a further manifesand yielding to Spain all those tation of the sincere desire to secured to her. By pursuing terminate, in the most friendly this course, we shall rest on the manner, all differences with Spain, sacred ground of right, sanc- cannot fail to be duly appretioned in the most solemn manner ciated by his Catholic majesty, by Spain herself; by a treaty as well as by other powers. It is which she was bound to ratify; submitted, therefore, whether it for refusing to do which, she must will not be proper to make the incur the censure of other na- law proposed for carrying the tions, even those most friendly conditions of the treaty into to her, while, by confining our effect, should it be adopted, conselves within that limit, we cannot tingent; to suspend its operafail to obtain their well-merited tion upon the responsibility of approbation. We must have the executive, in such a manner peace on a frontier where we as to afford an opportunity for have been so long disturbed; our such friendly explanation as may citizens must be indemnified for be desired, during the present losses so long since sustained, session of Congress. and for which indemnity has “ I communicate to Congress been so unjustly withheld from a copy of the treaty and of the them. Accomplishing these great instructions to the minister of objects, we obtain all that is de. the United States, at Madrid, sirable.

respecting it; of his correspond“ But his Catholic majesty ence with the minister of Spain, has twice declared his determi. and of such other documents as nation to send a minister to the may be necessary to give a full United States, to ask explana- view of the subject. tions on certain points, and to " In the course which the give them, respecting his delay Spanish government have on this to ratify the treaty. Shall we occasion, thought proper to puract, by taking the ceded territory, sue, it is satisfactory to know, and proceeding to execute the that they have not been counteother conditions of the treaty nanced by any other European before this minister arrives and power. On the contrary, the is beard? This is a case which opinion and wishes, both of forms a strong appeal to the can- France and Great Britain, have dor, the magnanimity and honour not been withheld either from the

success

United States or from Spain, and throughout the whole commur have been unequivocal in favour nity, of what was due to the chaof the ratification. There is also racter and obligations of the reason to believe, that the senti- nation, that few examples of a ments of the Imperial govern-' contrary kind have occurred. ment of Russia have been the “ The distance of the colonies same, and that they have also from the parent country, and the been made known to the Cabinet great extent of their population of Madrid.

and resources, gave them advan“In the civil war existing be- tages which, it was anticipated, tween Spain and the Spanish at a very early period, it would provinces in this hemisphere, the be difficult for Spain to surmount, greatest care has been taken to The steadiness, consistency, and enforce the laws intended to

with which they have preserve an impartial neutrality. pursued their object, as evinced Our ports have continued to be more particularly by the undisequally open to both parties, and turbed sovereignty which Buenos on the same conditions, and our Ayres has so long enjoyed, evicitizens have been equally re- dently give them a strong claim strained from interfering in fa. to the favourable consideration vour of either, to the prejudice of of other nations. These sentithe other. The progress of the ments on the part of the United war, however, has operated mani. States, have not been withheld festly in favour of the colonies. from other powers, with whom it. Buenos Ayres still maintains un- is desirable to act in concert. shaken the independence which should it become manifest to the it declared in 1816, and has en- world, that the efforts of Spain joyed since 1810. Like success to subdue those provinces will be has also lately attended Chili and fruitless, it may be presumed that the provinces north of the La the Spanish government itself Plata, bordering on it; and like- will give up the contest. In prowise Venezuela.

ducing such a determination, it “ This contest has, from its cannot be doubted, that the opicommencement, been very inter- nion of friendly powers, who esting to other powers, and to have taken no part in the connone more so than the United troversy, will have their merited States. A virtuous people may influence. and will confine themselves with- “ It is of the highest importin the limits of a strict neutra- ance to our national character, lity; but it is not in their power and indispensable to the morality to behold a conflict so vitally im- of our citizens, that all violations portant to their neighbours, with- of our neutrality should be preout the sensibility and sympathy vented. No door should be left which naturally belong to such open for the evasion of our laws,

It has been the steady no opportunity afforded to any purpose of this government to who may be disposed to take adprevent that feeling leading to vantage of it, to compromise the excess; and it is very gratifying interest or honour of the nation. to have it in my power to state, It is submitted, therefore, to the that so strong has been the sense, consideration of the Congress,

a case.

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