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DOCUMENTS,
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MESSAGE OF THE PRESIDENT, OF 7th DECEMBER, 1819.
( Concluded.) <
JWi’. Forsyth to Sen. Don Manuel Gonzales Salmon, acting
Secretary of State. &fc. Uc.
Madrid, 12th August, 1819.
Sir; I received, this morning your officio of the 10th
inst. Some of the expressions of the note which 1 had
the honor to present to his Majesty’s government, on
the 21st of June last, appear to have given
As you have not specified the particular phrases or exr
pressions which are considered censurable, I can only
say that it was far either from my wish or intention to
treat his Majnsty’s government with disrespect, or *>
use terms calculated to interrupt the harmony and
good understanding which ought to exist between it
and the United States. I came here instructed by tie
President, and animated bv the warmest. wishes to
strengthen, not to weaken, the almost broken bandsof
amity by which the two nations are still united. 1 can
but regret that, in my zeal to promote this great object,
1 have used language capable of being misunderstood.
You will consider that this regret does not spring fr*m
conviction that the construction put upon my note is
just. So far from admitting this, I must insist that thtre
is nothing contained in it which, if rightly interpreted,
could be deemed objectionable; and 1 cannot but in
dulge the belief that the language has been held offen*
sive, not from its genuine and original import, but from
some fatality in its application, At to the remarks you
have been pleased to make that these unusual expres
sions were idle, (ociosos) not pertinent tothe businesin
question, and not common in diplomoacccmniunications,
they are not sufficiently important to merit a district
reply. The two first, it isnof the province of his Maj
esty’s government to reprove; to my own government
I look for approbation or censure, There is no doubt
that the pertirtfney of the matters referred to, will not
escape its penetration. Should 1 be convicted of the
offence of departing from the ordinary diplomatic style,
I shall find abundant consolation in the consciousness cf
having expressed just sentiments in simple terms. The
course pursued by the government of his Catholic Maj
esty, and intended to be persisted in, as indicated by
your note, is much more likely to disturb the harmony
res^mat\vcs"or°agcnts , of l eitiTer rlU (Sn*V l f?e it o/TybriT
wrv, the convention was signed at Washington, by Mr.
Adams and the Chevalier de Onis. In April a copy of
it was received in Spain, from the messenger sent by
the Spanish Minister from America. It is not necessa
ry to remind you, that the satisfaction of this govern
ment in the termination of this important business was
marked by the distribution of honors in the gift of the
crown, to persons very remotely connected with the
transaction. What has produced the very surprising
change in the opinions then entertained on this subject,
is for ybu, sir, to explain, if you think proper/ but is
w hat 1 cannot imagine. On the 18th of May immediate
ly after my introduction to his Majesty, the note of that
day was delivered. It was therein stated that the treaty
ratified by the United States was in Madrid, and an im
nediate exchange of ratifications was asked, that this
inportant document might be sent to my government
.y a vessel of war bound in a short time from Cadiz to
.merica: to this no reply was given. Under the ex
ectation entertained from several conversations with
e Marquis of Cassa Yrujo, the substance of which has
en verbally stated to you, the vessel was detained in
port of Cadiz, until the 2d of July. In this interval,
only communication received on this important sub
, was your note of the 19th June, the purport of
•h was, that his Majesty found it necessary to pro
-1 with the deliberation and slowness demanded by
‘portance, to consider the subject ot the treaty.
*e 12th day of August, his Majesty’s government
by ysur note of the 10th, of its determina
te ratify? no, sir, to send a person to Washington,
TAing the confidence of the king, and having the
n \ry qualifications to terminate happily this affair.
escaped the observation of this government,
affair must terminate in ten days? Whiles fail
'Wsolve finishes the business in a few days, this
thinks that a definite resolution cannot be
* . hout first entering into various explanations
Wl United States, to some of which the govern
mflbe said States has given occasion. What cir
cul! in the history of this affair sustains the assur
anC his Majesty finds himself animated by the
mo Tient desires to preserve a good understand
ifigwlthefriendship oftheUnited States? Tsitthe
of the rational anticipation, indulged
i n ‘ that the treaty ratified by Spain would be
can e in the ship of war Hornet? The determina
tioii[ a messenger to the United States for ex-
P' an t this period, w hen his voyage, as it regards
the mus t be useless; and the only hope
v ;h' c entertained from it, is that anew negona
tion ommenced? A circumstance of especial
it is recollected that this messenger
nu &Sn sent to Washington, the desired ex-
| lave been asked and given there prior
’ ,ugust, if the King, your master had de
cided, t bj s course. Or is it in the inexpli-
jus avoidance of the natural order of pros
ceediig of this kind an application to the Min
ister o ;| j gt a t eSj near the Court of his Majesty,
lor explanations, when they might have
been, \ n g s i nce given, before the period ar
rives Convention of the 22d February ceases
to be °'p on the parties to it? You will forgive
me, Bir *ve in none of these circumstances indi
cations bqment desires by which his Majesty’s
to establish, on a solid basis,
a go°d ’ ng with the United States, to which,
;n diplomatic communications, you re-
Kr. ’ ‘er, lam bound and most willing to
bciieve nce> a it) lo , gli the conduct of Spain
b li a u ‘'!icc a different conviction upon the
1,1,111 ’ ‘‘ iggest the only mode in which they
can now pfegtedand gratified. With that
fraiiKnes! ess so honorable to all nations, and
by “. uc 1 .8 character has been distinguished,
disclose ti t that appear to interpose them-
to conclusion of this affair. I am
fully U's-A government of my country- upon
DARIEN GAZETTE.
DARIEN, (GEORGIA,J MONDAY, JANUARY 24, 1820.
file only point on which it can have given a motive for
explanations, and while I cannot imaginewhat othersare
wished for, I persuade myself that I am so well possess
ed of its wishes and intentions as to be able to give full
satisfaction to his Majesty upon any part of the treaty,
the elucidation of which may be desired.
I renew- to you, sir, the assurances of my distinguish
ed consideration.
JOHN FORSYTH.
[translation.]
Don Manuel Gonzales Salmon to Mr. Forst/thi
Sir: I have received the note you were pleased to ad
dress to me of the 12th instant, in answer to that which
I had the honor to write to youpn the 10th, announc
ing the decision which the King, my master, had judg
ed proper to adopt in relation to the treaty concluded
at Washington between the government of Spain and
the United States.
In that note you begin by endeavoring to justify the
meaning of the expressions contained in yours cf the
, 21st June, which, however, appear not the less extra
ordinary And surprising, *s I have already intiiitated to
you. But, on this head, I refer to what 1 have had the
honor to express to you in my said note, by w hich the
question will be considered as put at rest, and that on
no account will it be agreeable to revive it.
I therefore proceed at once to reply to the leading ob
ject of your note; and I flatter myself that my answer
will convince you, on the one hand, that the govern
ment of his Catholic Majesty coukl not observe a course
different from that which it has taken on this occasion;
and, on the other, that the determination of his Majes
ty to adopt that course, is founded upon his earnest wish,
as I have already stated to you, to establish the amica
ble relations of both our governments upon a secure
and permanent basis.
It is a fact of general notoriety, and must therefore
be well known to you, that, as soon as the treaty conclud
ed between his Catholic Majesty and the government of
the United States was received here, and its stipu
lations became known, this important subject was ta
ken into the most serious consideration by the King,
my master, as well to examine its provisions minutely,
as to investigate the consequences to which it might
give rise in relation to your government. From that
time, this important business has almost exclusively oc
cupied the attention of the Spanish cabinet; and it was
not until after it had received the most mature deliber
ation, that his Catholic Majesty resolved that no final
decision could be taken upon it without previously en
teringinto various explanations and etdaircissenients
with the goverment of the United States of America.
Any other determination which might have been ta
ken previous to this step, would have been, to say the
least, precipitate, and exposed to the inconveniences
which it is wished to avoid; and especially not to leave
the relations of good understanding re-established be
tween both nations liable to interpretations, but to place
them on solid and stable principles, as permanent as the
sincere and perfect friendship and harmony which it is
desired to establish between the two governments.
The explanations and eclaircissement* desired by his
Majesty before a definitive resolution could lu> taken
tup nrrair m question, are not of nature to
be obtained by the meunsof a mcMcnger despatched to
the United States, and the answer to which could arrive
here before the 22dof the present month; and still less
by reason ofthe retreat of the Minister Plenipotentiary
of his Catholic Majesty, who having made the Treaty,
and being thorougholy possessed of the whole course of
the negotiation, was best qualified to dhmaud the expla
nations desired. Besides, it having been the uniform
wish of his Catholic Majesty to proceed with all possible
care and circumspection in an affair of such moment,
and having thus investigated it, as I have before stated
to you, this circumstance would not have given occasion
for the despatch of the messenger as intimated by you.
Nor could the explanations alluded to be entered in
to here under existing circumstances, on account of the
want of time in the short space proposed by you. His
Majesty has therefore resolved to appoint a confidential
pei*jon to proceed to the government of the United
States for the purpose of obtaining them; thereby giv
ing Anew proof of his deference for the American gov
ernment, by his desire to be thoroughly informed of ev
ery thing which has passed in relation to the treaty.
It is true, that wnen this determination which the
King my master, has been pleased to take in relation to
this affair, will come to the knowledge of your govern
ment, the epocha of the 22d of August will have elaps
ed; but the circumstance need proove no obstacle to the
obtaining the requisite explanations anil eclairssiements
on the treaty, as it is to be supposed that the American
government would readily have afforded them at an ear
lier period, if the circumstances before pointed out had
not prevented their being required immediately.
The communication which l had the honor to make
to yon on the l(/th instant, and which could not have
been made sooner, has been realized in due time; and
certainly the government of the United States cannot
fail to receive it favorably, if their desires, in conformi
ty with those of his Catholic Majesty, are directedto the
auspicious object of seeing the differences whcli exist
ed between both governments at once terminated and
their amicable relations consolidated upon a firm and
permanent basis.
This being the sole object proposed by His C. M.
he has judged, that, in order to attain it, there was
no mode more fit and suitable than to investigate and
explain before lie gave his sanction to an agreement
which ia to serve as a basis of the future relations be-
two powers, whatever doubts and elucida
tions it might have given rise to. He has therefore de
termined. to despatch to the seat of the American
government a person charged with stating to it frankly
and candidly she wishes of the King my master; which
he flatters himself will be fully accomplished, if he is
met by similar dispositions, which it appears must be
the case, if your government cherish the same senti
nVnts by which his Majesty is animated.
In consequence of what I have herein stated, I trust
that you will agree with me that the Government of the
King my master has proceeded in tikis affair with all
prudence and circumspection; that it has not been pos
sible for it to take a decision upon it until it hail previ
ously instituted a full investigation, without being ex
posed to the hazards of a precipitate determination;
and, finally, that the resolution of his Catholic Majesty,
far from being liable to an unfavorable interpretation,
is the most conducive to promote the principle collect
ed with this affair, and the most likely to regulate in a
satisfactory manner, while it at the same time reconciles
the interest of both nations.
In this persuasion, I cannot but flatter myself that your
commnnications to your Government will accord with
this sentiment, anil that they will tend to remove any
doubtful interpretation that it might give to the deter
mination adoplted by his Catholic Majesty, ami which I
have already had the honor to communicate to you.
I avail myself with pleasure of this renewed occasion
to offer you the assurances of my high and particular
consideration. Goil preserve von many years.
MANUEL GONZALES SALMON.
rriace, 19r/i .Jug. 1319.
, *
Mr. Forsyth to Don Manuel Gonzales Salmon.
[copy.]
Sr. Manuel Gonzales Salmon, Acting First
Minister of State, &c. &c. &c.
Madrid, Aug. 21, fBl9.
The undersigned, Minister Plenipotentiary of t[ie
United State# near his Catholic Majesty perceives with
regret but without surprise, from Sr; Don Manuel Gon
zales Salmon’s note of the 19th instant, that the deter
mination made by the Government of Spain, not to rat
ify the convention of the 22d February, signed at Wash
ington, by Mr. Adams and the Chevalier de Oms will
not be changed. The undersigned, will not waste his
own time nor iscroach upon that of his Majesty’s Gov
ernment, by ary observation* on the said notes, but
will proceed todischarge the only duty which, on this
subject, remaiiqfor him to perform. He has the honor
formally to announce, that after the 22dday of the pres
ent month, as ffie ratifications of the Convention of the
22d Feb. will not have been exchanged, all the claims and
pretensions of the United States, which with the spirit
of modiJration, the love of peace and the delusive ex
pectation thtt all causes of difrern mH dispute with
Spain would be thereby adjusted and settled, they con
sented to modify or waive, will stand in the same situa
tion as if the convention had never been made. That
the United States will hold themselves free to press and
inforce them in r any mode consistent with honor, that
their interest may require. On the extraordinary steps
teken by His Majesty’s Government, in this affair, the
undersigned will not ren)ark, lest he sbduld forget that
respect which isdue to the government near which,- as
the representative of another,. he is sent to reside.
On the rtimors tiat prevailed on tins subject, before
the decision of hs Majesty,s Government was kown, a
decision he coall not anticipate, the Minister of the
United States apressed himself in terms sufficiently
strong. —As the recent determination has proved that
there was but too much truth in what he believed to be
unfounded reports and gross calumnies, the undersigned
must leave it to his Majesty ’s government, upon whom
that obligatior rests, to shew upon what grounds that
determination is reconcileable to honor and good faith.
The undersigned laments that, while communicating to
his own Country this unexpected result, it is not in his
power to unftld the train of reasoning by which His
Majesty’s government has been deluded into a be
lief that the course taken could be followed without se
rious injury to the reputation of Spain. The United
States, after writing more than twenty years, with a pa
tience and forbearance unexampled, the operations of
reason and justice upon the councils of Spain, will see
with astonishment this new instance of her apparent dis
regard to both. The Minister of the United States,
when transmitting his correspondence with his Majesty’s
Government to Ins own country, will not omit to state
the assurances verbally given to him, of His Catholic
Majesty’s earnest desire to cultivate the good will of
the United States: Unfruitful professions, that cannot
but produce all the effect they deserve, and all that
could be rationally expected from them.
The undersigned renews to Sr. Manuel Gonzales Sal
mon, the assurances of lus perfect consideration and
JOHN FORSYTH.
•Hr Forsyth to the Duke of Sun Fernando.
His Excellency the Duke of San Fernando
and ofQifiroga, first Minister of tit ate. BtC. fitC- &.C.
Madrid, Oct. 2, 1819.
Sir: The Government of the United States, having
been prepared to expect the possibility of a failure on
the part of Spain to ratify the convention of the 22dof
Februiry last, by the extraordinary delay to decide up
on thissubject, and the determination of the King fur
ther to postpone that decision, as communicated in the
note of Mr. Salmon to me, on the 19th of June, have in
structed me, should the final decision on it by the King
not be made prior to this time, to inform the Govern
ment of his Catnolic Majesty, that, although the six
mor.th^ stipulated in the treaty, within which the ratifi
cations were to be exchanged, have expired; that the
ratifications of Spain, made with the explicit understand
ing that the large grants of land in Florida tothe Duke
of Alagon, the Count of Punon Uostro, and Mr. Vargas,
and all others made under similar circumstances, arc by
the Bth article of that Convention, null and void, and
will beat, held by the United States, will be accepted as
valid; and I am authorised to receive the Spanish rati
fication for that of the United States: provided, this ex
change shall be immediate. This exchange must take
place soon enough to enable me to send the ratified
treaty to the United States by captain Read, of the sloop
of warjlornet, of the navy of the United States, who
will remain at Madrid ten days, to carry to the President
the final determination of Spain on this important sub
ject. Having received from your Excellericy’s prede
cessors in office no explanation ofthe particular causes
of the delay that has taken place, it is in my power only
to explain the reasons which induce the Government of
the United States to insist upon an explicit understand
ing of the force and obligation of the Bth article of the
treaty, prior to the exchange of ratifications, an under
standing which will be fully /shewn by a declaration It
am instructed to present at the time of the exchange,
should jt ever take place, a copy of which is enclosed. I
was rumored in the United States, and since my resi
dence in Madrid I have been informed that the large
grantees declare that their grants are valid under the
Bth article. It has been ascerted, with the strongest
appenrance of truth, that the determination of the Gov
ernment of the United States to hold them void, as ex
pressed in the letter of Mr. Adams, the Secretary of
State, to Mr. Onis, of the 10th of March, 1819, has been
one ofthe chief causes of the extraordinary delay to de
cide upon the ratification ofthe instrument in Spain. It
is necessary to the honor and the interest of the United
States, whose conduct to Spain and to all nations, is gov
erned by frankness and justice, free from fraud, artifice,
and disguise, which they will never practise, nor from
others submit to a disingenuous, double-dealing system
of treachery, paltering with its own engagements, and
spreading snares for the generous confidence of good
faith, to place this subject beyond the reach ofdifficulty
or doubt. Without knowing, therefore, the dates of the
respective grants alluded to, and supposing it barely
possible that there is a foundation for a pretension of
the grantees, under the Bth article, the Government
directs me to present the declaration in question, not
less essential to its own interest than to the honor of the
King of Spain, since His Majesty would be subjected
to the most unworthy imputations, if, under the circum
stances, a claim should be made by his subjects, or those
holding under them, founded upon the alledgeil validity
of these grants*
To suppose that your excellency is not in possession
of all the facts in relation to this subject, would be a
reflection on the zeal and fidelity of the representative -
of Spain in the Umited States, w’hich I would be unwil
ling to cast upon any officer of his Majesty’s govern
ment. Ido not, therefore, send your copies of these
documents, which shew explicitly that, prior and sub
sequent to the signature of the treaty, it ww expressly
understood by the negotiators of that instrument that the
Bth article* written by the Spanish Minister himself, ex
cluded these grants. In fact, when the lands of Flori
da were ceded, with an express stipulation Ihat the
claims of the citizens of the United St£et upon bpuin
were to be paid out of the proceeds of the sale of them,
to suppose that the Spanish government had disposed
of the whole, or the greater part of them, in gifts to its
subiects, and will insist upon the validity of those gifts,
is to suppose it capable of an act of notorious and
deliberate perfidy. The government of my country
considered that the treaty became, from ihe moment
of its signature by the Chevalier de Oais, and the
ratification of the United States, as binding upon
the honor and good faith of the Spanish King and na
tion, as it would be after the ratification. Although l
do not understand that this possessioi is, or will be con
tested by Spain, it may not he useless to shew es
strength fully to the view of your excellency . Ihe
words of his Catholic majesty, in tW full power given
to Mr. Onis, the original of which \as delivered to the
American government before t lie (Signature of the trea
ty, are, after authorizing Mr. Oni* to treat, negotiate,
and conclude, a treaty, whereby past d'ffrrences may be
adjusted, and u firm inwl lasting p*cW establishvl be
tween the two governments, “tthligandonas v prorocte
mos en fe y palabra de Key que approbartmos, ra* ‘tica
remo9, cumpliremos, y paremos observar y fcUmpliar in
violablemente quanto por vos fuere estipulado y firma
dfi par.* lo qual os concedo to das las facultad .s y pienofc
potleras en la forma mas ampha que de deVecho se re
quiren.” If the usage of nations, which requires the
ratification of the sovereign fertile full confirmation of
a treaty, could create any doubt Os tue import of lan
guage so unqualified or explicit, there is nothing dubi-.
ous or uncertain in the extent of the obligation resting
upon him, by the signature of k s nmisters, vested with
such full powers. Upon this principle, the following
quotations, from Vattel and Martens, ire decisive author
ities: “Sovereigns treat together y the agency of their
attorneys or their mandatories, ciothed with sufficiait
powers; they are commonly Plenipotentiaries. All the
rules of the law of nature, concerning things performed
by commission, are here applicable. The rights of the
agent are denied by the authority given to him. From
this he must not depart; but whatever he promisisea
ioithin the terms of his commission, anil according to the ex
tent of his powers, is binding upon las constituent.” “At
this time to avoid all danger and difficulty, Princes re
serve to themselves the right of ratifying that which has
been concluded by tlieir minsters in their name. The
full power is merely a commission cuml.bera. If
this commission were to have its full effect it
feet, it should be given with the utmost circumspection.
But as Princes can be constrained to fulfil their obliga
tions only by force of arms, the custom has arisen of re
lying upon their treaties only after they have sanctioned
and ratified them. Whatever the minister has conclud
ed remaining ineffectual until the ratification of the
Prince, there is lessdangei in giving him a full power.
But to refuse, with honor, to ratify that which has been
concluded in virtue of a full power, the sovereign must
have strong and solid reasons for it, and particularly ‘u
muujdtcw that his minister transcended his instr c-
I 4.. * \ .1 I n- > . - •
“Erery thing that has been stipulate! by an agent,
in conformity to his full powers, ought to become obli
gatory, for the state, from the moment of signing, w ,th
out ever waiting firir the ratification; However, not to
expose a state to the errors of a single person, it is new
become a general maxim, that, public comenUm* do
not become obligatory until ratified. The motive of
this custom clearly proves, that the ratification can ne
ver be refused with justice, except when ne who is
charged with the negociation, keeping within th ■ ex
tent of his public full powers, has gone beyond n.s se
cret instructions, and consequently re , and: red himself li
able to punishment, or when the other parry ’refuses to
ratify.” Martens’ Summary, book 2, chapter and;
But why should quotations be made, to prove a prin
ciple so familiar to every man in public or private life,
that what is promised in his name, bv his aa-.hor „v, ana
according to his directions, is as binding in hi.to -and
conscience, as ifhe had pledged himself in petso.i?” he
obligation of the King of Spain, therefore, in hono a: and
injustice, to ratify the treaty signed by his in.ms e.', is
as perfect and unqualified as his royal promise in the
full power, and it gives to the United States the right,
equally perfect, to compel the performance of that
promise. It is well known to my government that the
Spanish government canrtot all’edge that its minister
transcended his secret instructions, ortha the ratifica
tion ofthe United -States has been refused, or that any
unfair advantage was caken by the United States, inti e
negoeiation, or that Spain was not well aware, betor -
hand, ofthe full extent ofthe engagements contracted
by Mr. Onis. It is too well known to be denied, that the
last instructions of Mr. Oms authorized him to concede
much more than he did. The government of the Uni-’
ted States, indeed, considered the generosity and mod
eration of the terms to which they had acceded; as a
pledge that they would be received, as in the first irV
stance they were received, by h‘i3 Catholic Majesty,
and his royal council, with pride aVid joy. If from tie
unexpected extent of the sacrifices the United States
made for the purposes of conciliation, the conclns.cn
has been drawn, that their conciliatory temper maybe
trifled with and abused, it is just and proper that Spain
slioukl be effectually undeceived. 1 am, therefore, in
structed further to inform your excellency that, if the
ratified copy ofthe treaty should not arrive in the Uni
te 1 Slates before the first day on which the Congress of
the United States meets, the President will lay before
that body, all the transactions relating to the treaty, and
such measures will be adopted by the competent au
thority, as the exigency of tlie case may require. What
ever may be determined upon, Spain will be responsi
ble to the United States for all damages and expences
which may arise from the delay to ratify, and from the
measures to which the United States'may resort, to
give efficacy to their l ights, and that for the indemni
ties to which they will be justly entitled, by this viola
tion of faith by Spain, the United States will look to the
territory west of their present western boundary, on
the Gulf of Mexico.
To this proposal, made in the spirit of moderation, of
generous forbearance, and with the earnest desire of
sincere amity with Spain, lam instructed to require an
immediate, explicit, and uneuuirqrjil reply. Should this
reply not be made before tne tenth of the current
month, I give formal notice to your Excelletcy that the
proposal will be considered as rejected, and the proper
communication will be made to the President of the Uni
ted States.
I renew to your Excellency, whom may God pre
sene, the assurances of my distinguished consider
ration.
JOHN FORSYTH.
[translation.]
The Duke of San Fernando and Huirogp, toMr. Forsyth e
To the Minister Plenipotentiary
of the United States of America.
Sir—Having had the honor to lay before the King/-
my master, the contents of the note which you addr*#*-
No. i4,