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SOUTHERN
RECORDER.
VOL. I.
MILLEDGEVILLE, TUESDAY, MAY 30, 1320.
No. 16.
PUBLISHED WEEKLY,
(on Tuesdays)
BY S. GRAXTLAjYD R. M. ORME,
VT THREE DOLLARS, IN ADVANCE, OR
FOUR DOLLARS AT THE EXPIRATION
OF THE YEAR.
(£/» Advertisements conspicuously inser
ted at the customary rates.
DOCUMENTS
Accompanying the Message of the President trans-
' milled to balk Houses of Congress, on the y/h
instant.
RECAL OF MR. ONIS.
[TRANSLATION.]
Son Ferdinand flic Seventh, Kinp, by the grace
of God, of Castile, Leon, a id Arrngon, of the
two Sicilies, Jerusalem, Navarre, Grenada,
Toledo, Valencia, Galicia, Majorca, Seville,
Sardinia, Cordova, Corsica, Murcia, Jam, the
Algarves, AlgeSiras, Gibraltar, the Canary Is
lands, of the two Indies, and of the islands of
the Ocean Sea ; Archduke of Austria, Duke
of Burgundy, of Brab int, and Milan; Count
of Ilapsburg,Flanders, Tirol, and Barcelona ;
Lord of Biscay and Molina :
Jo my great and good friends the United States
of America:
Great and good friends: It having heen
represented to us by Don Luis de Onis,
#ur Envoy Extraordinary and Minister
plenipotentiary to you, that he is desi
rous to return to Europe, for the reco
very of his health, we have thought fit
to grant him the necessary permission
for that purpose. We have, therefore,
authorized him to take his leave of you,
and have charged him, in so doing, to
assure vou of our constant friendship k
desire to maintain &l strengthen the ties
«f amity now happily subsisting between
us. On his faithful execution of these
our commands, we rely with confidence,
as we do that you will receive with sa
tisfaction these renewed assurances.
We conclude by commending you to
Cod; and we pray that he would have
you in his safe and holy keeping.
Madrid, of 1819.
Your good friend, FERDINAND.
.Joaquin Jobe Melcareuo PS Ruiz Davaloj.
A true copy.
L. the Duke of Sam Fernando 8a Qcip.oca.
JOoa Luis de Onis to the Secretary of State.
[translation.]
Sir : Having received from my Sove
reign an appointment to other duties,
bping thereby deprived of the satisfac
tion of presenting to the President the
letters of re-credence of the King my
master, I am under the necessity of trans
mitting them to you, with my request
that you would be pleased to lay them
before his Excellency the President: to
Hnomyou will also make it known, that
His Majesty, on deciding to terminate my
mission to your government, has com
manded me to express to it the assurance
of his unalterable desire to maintain the
Strict friendship now happily subsisting
between both powers.
In fulfilling these^dere of my Sove-
teign, permit me, si^Phlso to express to
you the deep sense I entertain of the
personal attentions with which I was ho
nored by the President, by yourself iu
particular, and by the citizens of the U-
aion in general ; & to add the assurance,
that, it will ever be to me a subject of
•he most grateful reflection, if, in the
discharge of my duties, and in the exe
cution of the orders of my government,
whose object it always has been to estab
lish the most perfect harmony between
the two countries, 1 shall have been so
fortunate as to have acquired the esteem
ef the President, together with yours.
I pray you, sir, to receive the further
assurance of my distinguished sentiments,
and my wish that God may preserve you
Biauy vears.
LUIS DE ONIS.
Madrid, January 27,1820.
Credential letter delivered by Central l’ivci to the
President of the United Slates.
[translation.]
lion Ferdinand the Seventh, King, by the grace
of God, of Castile, Leon, and Arragon, of the
two Sicilies, Jerusalem, Navarre, Grenadu,
Toledo, Valencia, Galicia, Mujorca, Seville,
Sardinia, Cordova, Corsica, Murcia, Jaen,
the Algurves, Algeziras, Gibraltar, the Canary
Islands, of the two Indies, and of the islands ot
the Ocean sea ; Archduke of Austria, Duke of
Burgundy, of Brabant and Milan; Count ol
Hupsburg, Flanders, Tirol, and Barcelona;
Lord of Biscay and of Molina.
So my great and good friends the United States
of America.
Great and good friends : Being anima
ted by the most sincere desire to main
tain tite friendship and good understand
ing happily subsisting between both
countries, and it being necessary, to that
«nd, that another person, possessing our
entire confidence, should forthwith be
deputed to you, as a successor to our late
Envoy L Minister Plenipotentiary, Don
Buis De Onis, to whom we have gruuted
le we to return to Europe, for the re-es
tablishment of his health, we have tho’t
fit to confer the said appointment on Don
Francisco Dionisio Vives, a mnior-gene-
r| d of our armies, Knight of tne Third
Class of the Royal and Military Order of
St. Ferdinand, and a Member ol the Su
preme Council of the said Order; Knight
®f the Royal and Military Order of St.
Hermenegildo ; twice honored by de
crees of thanks for patriotic services ;
decorated with the North Star, k Crnss-
* s of Honor, for distinguished conduct
®aii valor at the battles of Albuera, So-
a hrgn 5 1.ugo, Tramanes, and Madina del
Campo ; also at the surrender of Villa
Franca to the army of the left; he unit
ing the requisite qualifications for the
due discharge of the said trust.
We therefore hope, that, on his pre
senting to you this our letter of credence,
you will grant him a kind and favorable
reception ; giving alt faith and credit to
what he shall say to you on our behalf.
Done at Madrid, this fifteenth day of
December, 1819.
FERDINAND.
Countersigned—Joaquin Jose Melgarejo de
ituis Davalos.
A true copy.
L. The Dvke or San Fernando 8c Quirooa
[translation.]
General Dor. Pruneiico Dionisio Piles to the Se
cretary o f State.
Sir : In conformity with the orders of
my government, which were communi
cated to Mr. Forsyth on the 1 Gtli of De
cember Inst, by his excellency the Duke
of San Fernando and Quiroga, and with
the earnest desire of the King, my mas
ter, to see a speedy adjustment of the
existing difficulties which obstruct the
establishment, on a permanent basis, of
the good understanding so obviously re
quired by the interests of both powers,
1 have the honor to address you, and
frankly to state to you, that my august
sovereign, after a mature mnd deliberate
examination, iu full council, of the trea
ty of 2',’d February of the last year, saw,
with great regret, that, in its tenor, it
was very far from embracing all the
measures indispensably requisite to that
degree of stability which, from his sense
of justice, he was anxious to sec estab
lished in the settlement of tlie existing
differences between the two nations.
The system ofhostilitv, w Licit appears
to be pursued in so many parts of the
Union, against the Spanish dominions, as
well as against the property of all their
inhabitants, is so public and notorious,
that, to enter into detail, would onlv
serve to increase the causes of dissatis
faction ; I may be allowed, however, to
remark, that they have been justly de
nounced to the public of the U. States,
even by some of their own fellow-citi
zens.
Such a state of things, therefore, in
which individuals may be considered as
being at war, while their governments
are at peace with each other, is diame
trically opposed to the mutual and sin
cere friendship, and to the good under
standing which it was the object of the
treaty (though the attempt has failed) to
establish, and of the immense sacrifices
consented to by his Majesty to promote.
These alone were motives of suffici
ent weight imperiously to dictate the
propriety of suspending the ratification
of the treaty, even although * e Ameri
can Envoy had not at first announced, in
the name of Ids government, and subse
quently required, of that of Spain, a de
claration which tended directly to annul
one of its most clear, precise, and con
clusive articles, even after the signature
and ratification of the treaty.
The King, my master, influenced by
considerations so powerful as to carry
with Iht-i i the fullest evidence, Ins,
therefore, judged it necessary and indis
pensable, i:i the exercise of his duties as
a sovereign, to request certain explana
tions of j our government ; and lie has,
iu consequence, given me his commands
to propose to it the following points; in
the discussion and final arrangement ol
which, it seems proper that the relative
state of the two nations should be taken
into full consideration.
That the United States, taking into
due consideration (lie scandalous system
of piracy established in, and carried on
from, several of their ports, will adopt
measures satisfactory and effectual, to
repress the barbarous excesses, and un
exampled depredations, daily committed
upon Spain, her possessions, and proper
ties ; so as to satisfy what is due to in
ternational rights, and is equally claim
ed by the honor of the American people.
That, in order to put a total stop to
any future armaments, and to prevent
all aid whatsoever being afforded from
any part of the Union, which may be in
tended to be directed against, and em
ployed in the invasion of H. C. Majesty’s
possessions in North America, the Uni
ted Slates will agree to offer a pledge (a
dar una seguiradad) their integrity shall
be respected.
And, finally, that they will form no re
lations with the pretended governments
of the revolted provinces of Spain situ
ate beyond sea, and will conform to the
course of proceeding adopted, in this in
spect, by other powers in amity with
Spain.
In submitting to you these just and na
tural demands, I have received the or
ders of the King, my master, to make
known to the President that they would
have been regularly communicated to
the Minister Plenipotentiary of the Uni
ted States at Madrid, if, in the excess of
his zeal, he had not, at an early period,
been induced to express himself in terms
disrespectful to the dignity of his Majes
ty ; and I am, at the same time, com
manded to give the assurance that, in al
luding to an incident of so unpleasant a
nature, it is not intended to make the
conduct of Mr. Forsyth a subject of com
plaint, but merely to make your govt i-
rnent fully acquainted with the motives
of my august sovereign, in adopting the
resolution, as already stated.
I flatter myself that the President, on
an attentive examination of the contents
ofthis note, entirely dictated by senti
ments of justice, will see a decisive evi
dence of tbo sincere desire of the King,
mv master, to attain with prompitude the
definitive settlement of a transaction, no
less important in itself, thnn it is essenti
al to the mutual interests of the two
countries.
I eagerly avail myself ofthis occasion
to assure you of my perfect respect, and
highest consideration. I pray that God
may long preserve you.
FRANCISCO DIONISIO VIVES.
Washington, April 14, 1820.
The Secretary of State la Genera! Don Vrnneisrn
Dionisio 1 ires, Envoy Extraordinary and Mi
nister Plenipotentiary from Spain.
Department of 8tntp,
Washington, I8tli April, 1820.
Sir ; Before replying to the letter
which 1 have had the honor of receiving
from you, dated the 14th inst. I am di
rected by the President of the U. States
to request a copy of your full powers, &
to be informed whether you arc the bear
er of the ratification, by His Catholic
Majesty, of the treaty signed on the 22d
of Feb. 1819, by Don Luis de Onis, and
are ready, in ttie event of suitable ex
planations being given upon the points
mentioned in your letter, to exchange
the same for the ratification on the part
of the United States, if the Senate should
advise and consent that such exchange
of ratifications should now be accepted 1
Please to accept the assurance of my
distinguished consideration.
JOHN QUINCY ADAMS
General Don Francisco Dionisio Vives to the Se
cretary nf Stale.
[translation.]
Sir : In answer to your note of yester
day’s date, and in compliance with the
request stated in its first point, J have
tiie honor to enclose a copy of my full
powers.
1 have at the same time to inform you,
that I.am not the bearer of the treaty of
the 22d of February, 18tG, signed by
Don Luis de Onis ; nor docs it seem a-
greeablc to the natural course of things,
and to established usage, that a treaty
should he ratified previous to a removal
of the obstacles which have expressly
caused the suspension of its ratification.
But I am enabled to assure you, that 1
am fully authorized to offer a solemn
promise, in the name of the King, my
master, that, if (lie result of the propo
sals presented iu my first note be satis-
tactory, the ratification of the treaty will
be attended with no further delay than
the time indispensably necessary lor the
arrival at Madrid of one of the gentle
men attached to mv legation, who has ac
companied me for that especial purpose.
I renew to you, sir, the assurance of
my distinguished consideration ; and I
pray God long to preserve vou.
FRANCISCO DIONISIO VIVES.
Washington, VJlh April, 1820.
Full power of General Vires.
[translation.]
Don Ferdinand tin: Seventh, King, by the prnre
ot God, of Castile, Leon, mid Arrngon, ofthc
two Sicilies, Jerusalem, Navarre, Grenada,
Toledo, Valencia, G iicin, Majorca, Seville,
Sardinia, Cordova, Corsica, Murcia, Jaen, the
Alkarves, Gibraltar, the Canary Islands; of
both Indies, tind of the Isles of tile Ocean ;
Archduke of Austria; Dike of Burgundy,
Brabant, and Milan ; Count ol lUipshu -p,
Flanders, Tirol, and Barcelona; Lord olliis-
cay, uiul oMtloIina, 6jc. lac.
The state of peace, amity, and good
understanding, now happily subsisting
between Us & the United Slates ot North
America, being favorable to the mutual
and amicable adjustment and settlement
of all existing differences between the
two governments ; and it being expedi
ent, to that end, to authorise a person,
having our confidence, and possessed of
the requisite information, experience,
and political knowledge, for so import
ant a trust; which qualities uniting in
you, Don Francisco Dionisio \ives, a
Major General in our service, a Knight
of the Royal and Military Order of San
Ferdinand, and Member of the Supreme
Council of the said Order ; a Knight of
the Royal and Military Order of Saint
Herinenegildo ; twice honored by de
crees oftliuohs for public service ; deco
rated with the order of the North Star, k
Crosses oflfonor, for distinguished con
duct and valor at the battles of Albuera,
Sorauren, Lugo, Tamanes, and Medino
del Cmnpo, the surrender of Villa Fran
ca del Vierzo, in the operations of the
left, at the sieges of Pampeluna and Bay
onne ; and our Envov Extraordinary and
Minister Plenipotentiary to the above
named States ;
We have authorized, and by these
presents we do authorize you, granting
you full power, in the most ample form,
to meet and confer with such person or
persons as may he duly authorized by
the government ol the United States ;
and with him or them to settle, conclude,
and sign, whatsoever you may judge ne
cessary to the best arrangement of all
points depending between the two go
vernments ; promising, as wo do hereby
promise, upon the faith and word of a
King, to approve, ratify, and fulfil, such
articles or agreements as you may con
clude and sign. ( *
In testimony whereof, I hnve com
manded ttie present to be issued, signed
by us, sealed with our privy seal, and
countersigned by the undersigned, our
principal Secretary ofState, and of Uni
versal Dispatch. Given at Madrid, the
15th of December, 1819.
I, THE KING.
Countersigned,
A. Joai/uin dose Melgarejo De Puis Darutos.
1 he Seen lary yf Slate to General Don Francisco
Dionisio Vires.
Department of State,
Washington, 21st April, 18-20.
Fir : 1 ain directed by the President
ofthc United States to express to you
the surprise and concern with which he
has learnt that you are not the bearer
of the ratification, by his Catholic Ma
jesty, of the treaty signed on the 22d
February, 1819, by Don Louis de Onis,
by virtue cfa full power, equally com
prehensive with that which you have
now produced. A lull power, by which
his Catholic Majesty promised, “ on the
laith and word of a King, to approve,
ratify, and fulfil, whatsoever might be
stipulated and signed by him.”
By the universal usage of nations,
nothing can release a sovereign from
the obligatiion of a promise thus made
except the proof that his minister, so
empowered, has been faithless to his
trust, by transcending his instructions.
A our sovereign has not proved, nor
even alleged, that Mr. Onis had trans
cended his instructions ; on the contra
ry, with the credential letter which you
have delivered, the President has learnt
that he has heen relieved from the mis
sion to the United States only to receive
a new proof of the continued confidence
of his Catholic Majesty, in the appoint
ment to another mission, of equal digni
ty mu! importance.
On the faith ofthis promise of the King,
the treaty was signed and ratified, on
the part of the United States ; and it
contained a stipulation that it should al
so be ratified by his Catholic Majesty,
so that the ratifications should, within six
months from ihe dato of its signature, be
exchanged.
In withholding this promised ratifica
tion beyond the stipulated period, lfis
Catholic Majesty made known to the
President that lie should forthwith des
patch a person, possessing entirely his
confidence, to ask certain explanations,
which were deemed by him necessary
previous to the performance of his pro
mise to execute the ratification.
The minister of the United States at
Madrid was enabled, and offered to give,
all the explanations which could justly be
required in relation to the treaty. Your
government declined even to make
known to him their character ; and they
arc now, after the lapse of more than u
year, first officially disclosed by you.
1 am directed by the President to in
form you, that explanations which ought
to be satisfactory to your government,
will readily be given upon all the points
mentioned in your letter of the 14th inst.
but that he considered none of them, in
the present state of the relations be
tween the two countries, as points for
discussion. It is indispensable that, be
fore entering into any new negotiation
between the United States and Spain,
that relating to the treaty already signed
should be closed. If, upon receiving
the explanations which your government
lias asked, and which lam prepared to
give, you are authorized to issue orders
to the Spanish officers commanding iri
Florida, to deliver up to those of the
United States who may he authorized to
receive it, immediate possession of the
province, conformably to the stipulations
of the treaty, the President, if such shall
he the advice and consent of the Senate,
will wait (with such possession given)
for the ratification of his Catholic Majes
ty, till your messenger shall have time
to proceed to Madrid. But, if you have
no such authority, the President consid
ers it would be at once an unprofitable
waste of time, and a course incompati
ble with the dignity of this nation, to
give explanations which are to lead to no
satisfactory result ; and to resume a ne
gotiation, the conclusion, of which can
no longer be deferred.
Be pleased to accept the assurance of
tny distinguished consideration.
JOHN QUINCY ADAMS.
General Don Francisco Dionisio Vives to the Se
cretary of Slate.
[translation.]
Sir : In acknowledging the receipt of
your note ofthc 21st inst. 1 have the ho
nor to remark, in the first place, that you
appear to have misconceived a material
part of my r letter of the l -4th, by re-pro
ducing arguments which have been al
ready sufficiently refuted by my govern
ment. You will, therefore, excuse me
from reviving them here, in so far as
they relate to the question whether a
sovereign is, or is not, bound to ratify
what may have heen signed by his ne
gotiator ; it being well known that vari
ous instances may be cited of cases in
which the ratification of a treaty has been
justly suspended, without alleging, as
tite motive for so doing, that the nego
tiator had transcended his powers or
instructions. There may, unquestiona
bly, be other reasons sufficiently valid
to exonerate him from the obligation of
ratifying, supposing that to have been the
case.
It is evident that the scandalous pro
ceedings of a number of American citi
zens ; the decisions of several of the
courts of the Union ; and the criminal
expedition set on foot within it for the in
vasion of his Majesty’s possessions in
North America, at the very period when
the ratification was still pending, were
diametrically opposite to the most sacred
principles of amity, and to the nature
and essence of the treaty itself. These
hostile proceedings were, notwithstand
ing, tolerated by the federal government,
and thus the evil was daily aggravated ;
so that the belief generally prevailed
throughout Europe that Ihe ratification
of the treaty by Spain, am! the acknowl
edgment of the independence of the re
bellious trans-ntlantic colonies, by the
United States, would be simultaneous
acts. The pretentions advanced by Mr.
Forsyth, in relation to the 8th article,
were also evidently calculated to render
the treaty illusory. It is, therefore,
not possible to assign reasons more pow
erful. or more completely justificatory
of the sovereign resolution ofthc King,
mv master, to suspend his ratification of
that instrument.
In my first note. 1 also hinted at the
offensive terms employed by the Ameri
can Minister at Madrid, from the very
outset ; which you notice no further
than by taking up the second point upon
which the one which I have now the
honor to contest essentially turns. Al
though his Majesty might certainly have
kept aloof from a deportment so void of
moderation, and so derogatory to his
dignity, it is obvious that any discussions
commenced w ith a minister so situated,
were only likely to produce unprofita
ble results, his correspondence tending
more powerfully to disunite than to re
concile the contracting.parlies. It was,
indeed a subject of great regret, that the
incident just referred to ; the distance
of Spain from the new world, which,
from the obstructions to correspondence,
produced unavoidable delay, in receiv
ing correct information of the events
passing here, and which to his Majesty
appeared incredible ; and, in fine, his
wish to avoid whatever had the appear
ance of an unfounded complaint, and
an unpleasant dillerence between the
two governments, should have retarded
my arrival, and the happy conclusiou of
ihe transaction now pending.
I have further to state to you, that I
am not authorized by Ilis Majesty to
give the necessary orders to the Span
ish authorities in the Floridas to deliver
up those possessions to the U. States ;
nor was this to be presumed* 1 sirfee, if it
appeared contrary to the natural order
fillings, and to established usage, that
tiie treaty should be ratified previous to
receiving the explanations which neces
sitated its suspension, it would, conse
quently, seem the more so, that it should
receive its due accomplishment before
it was finally ratified.
It is with equal surprise mid concern
that i observe, in the conclusion of your
note, that you intimate the intention to
decline any discussion of my proposals
previous to the possession of the Floti-
dus ; since it appears to me that such
discussion could not be long, in the e-
vent of your government being ready to
accede to them, (in which case I repeat
that I am authorized solemnly to pro
mise, in the name of His Majesty, that
the ratification of the treaty shall be no
longer delayed.) nor, that the delay, un
avoidably produced by that particular
cause, in the occupation of the territo
ries in question, could be considered as
derogatory to the dignity of the United
States ; and the more so, ns, until then,
His Catholic Majesty w ould not be iu the
full possession of his rights.
1 flatter myself that, on a considera
tion of the contents of this note, you
will favor me with an answer more a-
greeable to my wishes.
In the mean time, 1 reiterate the as
surance of iny distinguished considera
tion and respect, praying God to pre
serve you many years.
FRANCISCO DIONISIO VIVES.
Washington, ‘2Ath April, 1820,
The Secretary of Slate to General Don Francisco
Dionisio Vires, Envoy Extraordinary unit Mi
nister Plenipotentiary from Spain.
Department of State,
Washington, 3d May, 1820.
Sir : The explanations upon the point
mentioned in your letter ofthc 14th ult.
which 1 have had the honor ofgivingyou
at large in the conference between us,
on Saturday last, and the frankness of
the assurances which 1 had the pleasure
of receiving from you, of your convic
tion that tljey .would prove satisfactory
to your government, will relieve me of
the necessity of iectfrring to circumstan
ces which might tend to irritating discus
sions. In the confident expectation that,
upon the arrival of ypur messenger at
Madrid, Lis Catholic Majesty will give
his immediate ratification to the treaty
of the 22d February, 1819^ I readily
forbear nil reference to the delays which
have hitherto retarded that event, anil
all disquisition upon the perfect right
which the United States have hud to
that ratification.
I am now instructed to repeat the as
surance which has already been given
you, that the representations which ap
pear to have been made to your govern-
ment of a system of hostility, in vurioue
parts of this Union against the Spanish
dominions, nnd the property of Spanish
subjects ; of decisions marked with such
hostility by any of the courts of the U.
States, and of the toleration in any cas«
of it by this government, are unfounded.
In the existing unfortunate civil war be
tween Spain and the Soutli American
provinces, the United States, have con
stantly avowed and faithfully maintained
an impartial neutrality. No violation of
that neutrality by any citizen of the U«
States has ever received sanction or
countenance fnun this government.—
Whenever the laws previously enacted
for the preservation of neutrality have
heen found by experience in any man
ner defective, they have been strength
ened by new provisions and severe pe
nalties. Spanish property, illegally cap-
lured, has been constantly restored by
the decisions nf the tribunals of the Unit
ed States, nor has the life itself beea
spared of individuals guilty of piracy,
committed upon Spanish property on the
high seas.
Should the treaty be ratified by Spain,
and tbe ratification be accepted by and
with the advice and consent of the Se
nate, the boundary line recognized by
it, will be respected by tbe U. Stales, &
due care will be taken to prevent any
transgression of it. No new law or en
gagement will be necessary for that p :r-
pose. The existing laws are adequate
to the suppression of such disorders, and
they will be, as they have been, faitls*
fully carried into effect. The miserable
disorderly movement of a number not
exceeding 70 lawless individual strag
glers, who never assembled within the
jurisdiction of the United States, into a
territory to which Mis Catholic Majesty
has no acknowledged right other than
the yet unratified treaty, was so far from
receiving countenance or support from
the government of the United States,
that every measure necessary for it*
suppression was promptly taken undcB
their authority ; and from the misrepret
sentations which have been made of thi*
very insignificant transaction to the Spa
nish government, there is reason to be
lieve that the pretended expedition it
self, as well as the gross exaggerations
which have been used to swell its im
portance, proceed from the same sour
ces, equally unfriendly to the U. States
and to Spain.
As a necessary consequence of the
neutrality between Spain and the South
American provinces, the United States
can contract no engagement, not to form
any relations with those provinces.—
This has explicitly and repeatedly been
avowed and made known to your gov
ernment, both at Madrid k at this place.
The demand was resisted both in confe
rence and written correspondence, .be
tween Mr. Erving and Mr. Pizarro.
Mr. Onis had long and constantly been
informed, that a persistance in it would
put an end to the possible conclusion of
anv treaty whatever. Your sovereign
will perceive that as such an engagement
cannot be contracted by the U. State*
consistently with their obligations of neu
trality, it cannot justly be required of
them, nor have any of the European na
tions ever bound themselves to Spain by
such an engagement.
With regard to your proposals, it iff
proper to observe, that His Catholic Alar
jesty, in announcing his purpose of ask
ing explanations of the United States,
gave no intimation of an intention to re
quire new articles to the Treaty. You
arc aware that the United States cannot
consistently with what is due to them
selves, stipulate new engagements, as the
price of obtaining the ratification of the
old. Tite declaration which Mr. For*
sytli was instructed to deliver, at the ex
change of the ratifications of the treaty,
with regard to the 8th article, was not
intended to annul, or in the slightest de-
gree, to alter or impair the stipulations
of that article; its only object was to
guard your government, and all persons
who might have had any interest in any
of the annulled grants, against the possi
ble expectation or pretence that thosa
grants would be made valid by the trea*
tv. All grants subsequent to the 24th
January 1818, were declared to be po
sitively null and void ; and Mr. Oois al
ways declared that he signed the treaty,
fully believing that the grants to the
Duke of Allagon, Count Punon Rostro,
and Mr. Vargas, were subsequent to that
date. But he had in his letter to me of
16th November 1818, declared that
those grants were null and void, because
the essential conditions of the grant's,
had not been fulfilled bv the grantees.
It was distinctly understood by us both,
that no grant, of whatever date, should
be made valid bv the treaty, which woul4
not have been valid by ti e laws ofSpaio
and the Indies, if the treaty had not