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The United States will, in no wise, interfere to screen them from punishment.
The Citizens of The United States, are amenable, also, to the Tribunals of their own Country, as the People of Portugal are to theirs, for any wrong done by them to the Subjects of other Nations. For acts of so aggravated a nature as Piracy, the authority of the Government of The United States itself is not competent to withdraw them from the jurisdiction of their natural Judges, or to subject them to a trial, consisting partly of Foreigners, and without the intervention of a Jury. These principles of protection and security to individual rights, are, doubtless, well understood, and will be duly appreciated in Portugal, under the liberal system of Government now established in her Dominions.
The Laws and the Tribunals of The United States are adequate to the punishment of their Citizens who may be concerned in committing unlawful depredations upon Foreigners on the High Seas, at least to the same extent as the Laws and Tribunals of other Nations. The Legislation of The United States upon this subject, was even rendered more severe and effectual for the suppression of such offences during the residence here of the Chevalier Correa de Serra; and justice, conformably to the established principles of the Laws of Nations, bas always been rendered by the Courts of the United States to the Portuguese Subjects, whose property, after capture by Piracies of Privateers, has been brought within the jurisdiction of this Nation. It will continue to be so rendered in all Cases which may occur hereafter.
Of the advantages to the commerce of The United States, in the four Quarters of the World; which it may be in the power of the Portuguese Government to offer, it would be acceptable to receive a more particular specification, than is contained in your Letter. The Government of The United States would then be able to judge of their value, and of the consideration with which they may be returned. It is not perfectly understood who are meant in your Note, by the "common Enemies of their industry and their independence," and I am directed to ask of you a precise explanation of that expression. The Government of The United States, while willing, cheerfully to meet and reciprocate any commercial arrangements with Portugal, propitious to the interests of both Nations, will not solicit, and cannot grant, any exclusive favours, to the prejudice of any other Power whatsoever.
This principle, which has long been fundamental to the commercial policy of The United States, furnishes a reply to the latter part of your Letter, which, in the case of a non-compliance with proposals, as I have informed you, cannot be accepted, threatens reprisals upon The United States, by granting to their rival Powers, advantages in commerce, which, you allege, your Government is disposed to give The United States, on condition of what you call indemnity for the past, and security for the future.
The Government of The United States knows, that there is nothing, and has been nothing, in the relations between them and Portugal, which, by the Laws and Usages of civilized Nations, could justify reprisals of any kind, by the latter, against The United States. And, as I have assured you, that they desire no exclusive favours to the detriment of others, so they are fully persuaded, that upon further advisement, your Government will perceive,' that they cannot grant commercial favours to any other Nation to the detriment of The United States, without injuring their own Subjects, more than the People of this Union. Such, it is believed, would be the result of any experiment of reprisals, by granting exclusive favours to one Nation, with the view to damage another. The Party granting exclusive favours, is the Party most severely punished.
Far more agreeable will it be to the Government of The United States, to reciprocate, as heretofore, with that of Portugal, offices of kindness and good will, and to promote the friendly intercourse between the two Nations, by a multiplication of good Offices, and of all the sources by which the interests of both may be advanced.
pray you to accept, &c. The Chev. Joseph Amado Grehon. JOHN QUINCY ADAMS.
(13.)- The Chev. Amado Grehon to the Secretary of State.-( Translation.) SIR,
Philadelphia, 3d May, 1822. I HAVE the honour to inform you, that I have just received your Letter which you addressed to me on the 30th of last month.
The explanation which you demand of me, and which I am to give you, according to what I meant by saying, “the common Enemies of their industry and of their independence," and which appears to me to be clearly expressed, is this; all Nations in general, who act contrary to the two principles, of our industry and of our independence.
I have the honour, &c. The Hon. John Q. Adams.
JOSEPH AMADO GREHON.
(14.)-The Chev. Amado Grehon to the Secretary of State.- (Translation.) SIR,
Philadelphia, 5th May, 1822. I MAKE it my duty to acquaint you, that, by the Packet of the 10th of this month, I shall have the honour to remit to my Government, a Copy of your Note of the 30th of April last, that it may understand, without delay, the sentiments of reciprocal friendship which animates the Government of The United States towards the Government of Portugal, and the great desire of His Excellency, the President, that the relations between the two Nations, may continue on terms of the most
perfect cordiality; and, that I may, at the same time, be able to inform my Government of the principle well known, and well understood, as you call it, as well as of other principles which you have developed in your said Note: on which I think that it would be well to say more, and that my Government will give the solution of it, if it judge proper to do so, and also, the more particular specification which you desire; as for my part, I have only pointed out the sentiments and the views which now exist in the Portuguese Government, according to the orders which I have received in that regard. I have, &c. The Hon. John Q. Adams.
JOSE AMADO GREHON. [Concluded in Vol. of State Papers, 1822, 1823. Page 1046.]
CORRESPONDENCE between The United States and
Spain, relative to certain Proceedings in Florida, and the execution of the Treaty of 22nd February 1819. Transmitted to Congress in the Messages of the President of The United States, of the 28th January and 18th April, 1822.
LIST OF PAPERS.
1821. 1. The Secretary of State to Mr. Forsyth. ........Washington,...,13th June 289 2. Same to same,..
Washington, 16th June 292 3. Mr. Forsyth to Don Eusebio de Bardaxi
1st Sept. 293 4, M. Salmon to the Secretary of State.... Philadelphia.... 6th Oct. 294 5. The Secretary of State to M. Anduaga... Washington..... 2d Nov. 306 6. M. Anduaga to the Secretary of State. .Philadelphia....11th Nov. 310 7. Same to samo .....
.Philadelphia, ... 18th Nov. 311 8. Same to samo
....220 Nov. 313 9. Same to same ....
Philadelphia ...,27th Dec. 316 10. The Secretary of State to M. Anduaga.. Washington
....31st Dec. 317
1822. 11. M. Anduaga to the Secretary of State... Philadelphia.... 6th Jan. 318
12. The Secretary of State to M. Anduaga
Washington.... 5th Apr. 319
No. 1.-The Secretary of State to Mr. Forsyth. SIR,
Department of State, Washington, 13th June, 1821. The hope had been entertained, after the Ratification by both Parties of the Treaty of 22d February, 1819, between The United States and Spain, that all our relations with that Country would thenceforth have been of the most amicable character, signalized only by the interchange of good offices. It is painful to be obliged, on your return to your Station at Madrid, to charge you with Representations to be made to the Government of Spain, relative to the unwarrantable delays of the Governor and Captain-General of the Island of Cuba,
in taking the measures incumbent upon him for carrying the Treaty into execution.
By the 7th Article of the Treaty the Spanish Troops were to be withdrawn from the ceded Territories, and possession of them was to be given of the Places occupied by them, within 6 months after the exchange of the Ratifications, or sooner if possible. And The United States were to furnish the transports and escort necessary to convey the Spanish Officers and Troops, and their baggage, to The Havannah.
As soon as was practicable after the exchange of the Ratifications, arrangements were made on the part of this Government, with the view of carrying into effect these Stipulations. The Royal Order from the King of the Spains, to the Captain-General of the Island of Cuba, for the delivery of the ceded Territories, and of the Archives belonging to them, to the Commissioners of The United States authorized to receive them, had been transmitted with the Spanish Ratification of the Treaty, to the Minister of Spain, residing here, to be delivered by him after the exchange of the Ratifications. It was accordingly delivered by him. Colonel James Grant Forbes was appointed by the President to carry it to the Governor of Cuba; and commissioned to receive the orders to the Governors or Commanding Officers of the Places within the Territories, for their delivery; and also the Archives which were to be given up. The United States Ship Hornet was dispatched to The Havannah, with Colonel Forbes, who was instructed, on receiving them, to proceed with them forthwith to Pensacola, taking suitable measures for transmitting the Order to the Governor of East Florida, at St. Augustine. A Letter from the Spanish Minister here, to the Governor of Cuba, was also furnished to Colonel Forbes, announcing him as the Officer authorized to receive the Order for delivery, and the Archives. General Jackson was appointed, by the President, Governor of East and West Florida, and was instructed to proceed immediately to Montpelier, the Post within The United States nearest to Pensacola, there to await the arrival of Colonel Forbes, with the necessary orders; upon which, the General was directed to receive possession for The United States, and to provide for the transportation of the Spanish Officers and Troops, and their baggage, to The Havannah. And, by a liberal construction of that Article of the Treaty, the provisions necessary for the subsistence of these Officers and Troops on their passage were considered as included within its obligation.
General Jackson reached the Post of his destination on the 30th of April. On the 22d of the same month, Colonel Forbes had arrived in the Hornet at Havannah; and, had he been dispatched without delay, might have arrived at Pensacola in season for the reception of General Jackson without any unnecessary detention. The Letters received at this Department from Colonel Forbes, Copies of which are herewith inclosed, exhibit a series of delays on the part of the Governor, for which no adequate reason is assigned, but which have already produced great publick inconvenience to The United States, and which, if longer continued, will give them the most serious grounds of complaint. The last Letter received from Colonel Forbes bears date of the 23d of May, when his detention had already been protracted more than a month, in the interval of which, the re-appearance of the disease incidental to the climate, excited strong apprehensions for the health of the Captain and Crew of the Hornet, as well as of Colonel Forbes himself. There is too much reason for the alarm, with regard to Captain Read, who is stated, by accounts of dates more recent than those officially received, to have been on the 28th of May still at The Havannah, and yery dangerously ill.
General Jackson, desirous of ascertaining the number of Men for whom it would be necessary to procure transports and provisions, as well as to make arrangements for the supplies necessary to the Troops of The United States, who were to take their place, sent, on the 1st of May, Dr. Bronaugh and Judge Brackenridge to Pensacola, with a Communication to Don Jose Callava, Governor of West Florida, to communicate to him the Commission and Authority with which he was clothed, and to ask of him such information as would be necessary, for the arrangements adapted to the evacuation of the Territory by the Troops of Spain, and to the taking of possession on the part of The United States. Governor C declined making any such communication, declaring himself subordinate altogether to the GovernorGeneral of Cuba, and that he did not feel authorized to act at all in regard to the execution of the Treaty, until duly instructed to that effect by his Superior Officer. The Letters, Copies of all which are inclosed, contain intimations from various sources, that all these dilatory proceedings have too much connection with private purposes, and dishonorable pecuniary speculations. It is yet wished that this awkward and unpleasant state of things may, before this, have terminated, but the unreasonable delays of the Governor-General of Cuba, inconsistent, no less with good faith than with the good harmony which we are so desirous of cultivating with Spain, cannot be suffered to.
without animadversion. You will take the earliest opportunity, after your arrival at Madrid, to make suitable Representations on this subject to the Spanish Government; and to state that, whatever unpleasant or injurious consequences may result from this unwarrantable conduct of the Governor of Cuba, might be attributed altogether to him.
By the 4th Article of the Treaty, each of the Contracting Parties engaged to appoint a Commissioner and a Surveyor, to meet before the termination of one year from the Ratification of the Treaty, at Nachitochez, on the Red River, to run and mark the Boundary Line. Colonel M'Rae has been appointed the Commissioner on the part of The United States, and will be ready to proceed on the important