for them.

year, when it was suspended by the late treaty, a more satisfactory provision to both parties, as was presumed, having been made Other differences had arisen in this long interval, affecting their highest interests, which were likewise provided for by this last treaty. The treaty it self was formed on great consideration, and a thorough knowledge of all circumstances, the subject matter of every article having been for years under discussion, and repeated references having been made by the minister of Spain to his government, on the points respecting which the greatest difference of opinion prevailed. It was formed by a minister duly authorized for the purpose, who had represented his government in the United States, and been employed in this long-protracted negotiation several years, and who, it is not denied, kept strictly within the letter of his instructions. The faith of Spain was therefore pledged, under circumstances of peculiar force and solemnity, for its ratification. On the part of the United States this treaty was evidently acceded to in a spirit of conciliation and concession. The indemnity for injuries and losses so long before sustained, and now again acknowledged and provided for, was to be paid by them, without becoming a charge on the treasury of Spain. For territory ceded by Spain, other territory, of great value, to which our claim was believed to be well founded, was ceded by the United States and in a quarter more interesting to her. This cession was nevertheless received as the means of indemnifying our citizens in a considerable sum, the

presumed amount of their losses. Other considerations of great weight urged the cession of this territory by Spain. It was surrounded by the territories of the United States on every side, except on that of the ocean. Spain had lost her authority over it, and, falling into the hands of adventurers connected with the savages, it was made the means of unceasing annoyance and injury to our Union, in many of its most essential interests. By this cession, then, Spain ceded a territory, in reality, of no value to her, and obtained concessions of the highest importance, by the settlement of long-standing differences with the United States, affecting their respective claims and limits; and likewise relieved herself from the obligation of a treaty relating to it, which she had failed to fulfil, and also from the responsibility incident to the most flagrant and pernicious abuses of her rights where she could not support her authority.

"It being known that the treaty was formed under these circumstances, not a doubt was entertained that his Catholic majesty would have ratified it without delay. I regret to have to state that this reasonable expectation has been disappointed; that the treaty was not ratified within the time stipulated, and has not since been ratified. As it is important that the nature and character of this unexpected occurrence should be distinctly understood, I thing it my duty to communicate to you all the facts and circumstances in my possession relating to it.

"Anxious to prevent all future disagreement with Spain, by giving the most prompt effect to the

treaty which had been thus concluded, and particularly by the establishment of a government in Florida, which should preserve order there, the minister of the United States, who had been recently appointed to his Catholic majesty, and to whom the ratification, by his government, had been committed, to be exchanged for that of Spain, was instructed to transmit the latter to the department of state as soon as obtained by a public ship subjected to his order for the purpose. Unexpected delay occurring in the ratification, by Spain, he requested to be informed of the cause. It was stated, in reply, that the great importance of the subject, and a desire to obtain explanations on certain points which were not specified, had produced the delay, and that an envoy would be dispatched to the United States to obtain such explanations of this government. The minister of the United States offered to give full explanation on any point on which it might be desired, which proposal was declined. Having communicated this result to the department of state, in August last, he was instructed, notwithstanding the disappointment and surprise which it produced, to inform the government of Spain, that if the treaty should be ratified, and transmitted here at any time before the meeting of Congress, it would be received, and have the same effect as if it had been ratified in due time. This order was executed: the authorized communication was made to the government of Spain, and by its answer, which has just been received, we are officially made acquainted, for the first time, with the causes which have prevented VOL. LXII.

the ratification of the treaty by his Catholic majesty. It is alleged by the minister of Spain, that this government had attempted to alter one of the principal articles of the treaty, by a declaration, which the minister of the United States had been ordered to present, when he should deliver the ratification by his government in exchange for that of Spain; and of which he gave notice explanatory of the sense in which that article was understood. It is further alleged, that this government had recently tolerated, or protected, an expedition from the United States against the province of Texas. These two imputed acts are stated as the reasons which have induced his Catholic majesty to withhold his ratification from the treaty, to obtain explanations respecting which, it is repeated that an envoy would be forthwith dispatched to the United States. How far these allegations will justify the conduct of the government of Spain, will appear on a view of the following facts, and the evidence which supports them.

"It will be seen by the documents transmitted herewith, that the declaration mentioned relates to a clause in the eighth article, concerning certain grants of land recently made by his Catholic majesty, in Florida, which it was understood had conveyed all the lands, which till then had been ungranted. It was the intention of the parties to annul these latter grants, and that clause was drawn for that express purpose, and for none other. The date of these grants was unknown, but it was understood to be posterior to that inserted in the article: in2X

deed, it must be obvious to all, that if that provision in the treaty had not the effect of annulling these grants, it would be altogether nugatory. Immediately after the treaty was concluded and ratified by this government, an intimation was received that these grants were of an anterior date to that fixed on by the treaty, and that they would not, of course, be affected by it. The mere possibility of such a case, so inconsistent with the intention of the parties, and the meaning of the article, induced this government to demand an explanation on the subject, which was immediately granted, and which corresponds with this statement. With respect to the other act alleged, that this government had tolerated or protected an expedition against Texas, it is utterly without foundation. Every discountenance has invariably been given to every such attempt within the United States, as is fully evinced by the acts of the government, and the proceedings of the courts. There being cause, however, to apprehend, in the course of the last Summer, that some adventurers entertained views of the kind suggested, the attention of the constituted authorities in that quarter was immediately drawn to them, and it is known that the project, whatever it might be, has utterly

failed.

"These facts will, it is presumed, satisfy every impartial mind that the government of Spain had no justifiable cause for declining to ratify the treaty. A treaty, concluded in conformity with instructions, is obligatory, in good faith, in all its stipulations, according to the true intent and meaning of the parties.

Each party is bound to ratify it. If either could set it aside, without the consent of the other, there would be no longer any rules applicable to such transactions between nations. By this proceeding, the government of Spain has rendered to the United States a new and very serious injury. It has been stated, that a minister would be sent, to ask certain explanations of this government. But, if such were desired, why were they not asked within the time limited for their ratification? Is it contemplated to open a new negotiation respecting any of the articles or conditions of the treaty? If that were done, to what consequences might it not lead? At what time, and in what manner, would a new negotiation terminate? By this proceeding, Spain has formed a relation between the two countries which will justify any measures on the part of the United States, which a strong sense of injury, and a proper regard for the rights and interests of the nation, may dictate. In the course to be pursued, these objects should be constantly held in view, and have their due weight. Our national honour must be maintained, and a new and distinguished proof be afforded, of that regard for justice and moderation which has invariably governed the councils of this free people. It must be obvious to all, that if the United States had been desirous of mak. ing conquests, or had been even willing to aggrandize themselves in that way, they could have had no inducement to form this treaty. They would have much cause for gratulation at the course which has been pursued by Spain. An ample field of ambition is open

before them. But such a career is not consistent with the principles of their government nor the interests of the nation.

"From a full view of all circumstances, it is submitted to the consideration of Congress, whether it will not be proper for the United States to carry the conditions of the treaty into effect, in the same manner as if it had been ratified by Spain, claiming on their part all its advantages, and yielding to Spain all those secured to her. By pursuing this course, we shall rest on the sacred ground of right, sanctioned in the most solemn manner by Spain herself; by a treaty which she was bound to ratify; for refusing to do which, she must incur the censure of other na tions, even those most friendly to her, while, by confining our selves within that limit, we cannot fail to obtain their well-merited approbation. We must have peace on a frontier where we have been so long disturbed; our citizens must be indemnified for losses so long since sustained, and for which indemnity has been so unjustly withheld from them. Accomplishing these great objects, we obtain all that is desirable.

"But his Catholic majesty has twice declared his determination to send a minister to the United States, to ask explanations on certain points, and to give them, respecting his delay to ratify the treaty. Shall we act, by taking the ceded territory, and proceeding to execute the other conditions of the treaty before this minister arrives and is heard? This is a case which forms a strong appeal to the candor, the magnanimity and honour

of this people. Much is due to courtesy between nations. By a short delay we shall lose nothing; for, resting on the ground of immutable truth and justice, we cannot be diverted from our purpose. It ought to be presumed that the explanations which may be given to the minister of Spain, will be satisfactory, and produce the desired result. In any event, the delay for the purpose mentioned, being a further manifestation of the sincere desire to terminate, in the most friendly manner, all differences with Spain, cannot fail to be duly appreciated by his Catholic majesty, as well as by other powers. It is submitted, therefore, whether it will not be proper to make the law proposed for carrying the conditions of the treaty into effect, should it be adopted, contingent; to suspend its operation upon the responsibility of the executive, in such a manner as to afford an opportunity for such friendly explanation as may be desired, during the present session of Congress.

"I communicate to Congress a copy of the treaty and of the instructions to the minister of the United States, at Madrid, respecting it; of his correspondence with the minister of Spain, and of such other documents as may be necessary to give a full view of the subject.

"In the course which the Spanish government have on this occasion, thought proper to pursue, it is satisfactory to know, that they have not been countenanced by any other European power. On the contrary, the opinion and wishes, both of France and Great Britain, have not been withheld either from the

United States or from Spain, and have been unequivocal in favour of the ratification. There is also reason to believe, that the sentiments of the Imperial government of Russia have been the same, and that they have also been made known to the Cabinet of Madrid.

، In the civil war existing between Spain and the Spanish provinces in this hemisphere, the greatest care has been taken to enforce the laws intended to preserve an impartial neutrality. Our ports have continued to be equally open to both parties, and on the same conditions, and our citizens have been equally restrained from interfering in favour of either, to the prejudice of the other. The progress of the war, however, has operated manifestly in favour of the colonies. Buenos Ayres still maintains unshaken the independence which it declared in 1816, and has enjoyed since 1810. Like success has also lately attended Chili and the provinces north of the La Plata, bordering, on it; and like wise Venezuela.

“ This contest has, from its commencement, been very interesting to other powers, and to none more so than the United States. A virtuous people may and will confine themselves within the limits of a strict neutrality; but it is not in their power to behold a conflict so vitally important to their neighbours, without the sensibility and sympathy which naturally belong to such a case. It has been the steady purpose of this government to prevent that feeling leading to excess; and it is very gratifying to have it in my power to state, that so strong has been the sense,

throughout the whole community, of what was due to the character and obligations of the nation, that few examples of a contrary kind have occurred.

"The distance of the colonies from the parent country, and the great extent of their population and resources, gave them advantages which, it was anticipated, at a very early period, it would be difficult for Spain to surmount. The steadiness, consistency, and success with which they have pursued their object, as evinced more particularly by the undisturbed sovereignty which Buenos Ayres has so long enjoyed, evidently give them a strong claim to the favourable consideration of other nations. These sentiments on the part of the United States, have not been withheld from other powers, with whom it is desirable to act in concert. Should it become manifest to the world, that the efforts of Spain to subdue those provinces will be fruitless, it may be presumed that the Spanish government itself will give up the contest. In producing such a determination, it cannot be doubted, that the opi nion of friendly powers, who have taken no part in the controversy, will have their merited influence.

"It is of the highest importance to our national character, and indispensable to the morality of our citizens, that all violations of our neutrality should be prevented. No door should be left open for the evasion of our laws, no opportunity afforded to any who may be disposed to take advantage of it, to compromise the interest or honour of the nation. It is submitted, therefore, to the consideration of the Congress,