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importance, and so well established. I am well persuaded that his excellency the president will easily perceive that if the states of Kentucky, Tennessee, Louisiana, and Georgia, continue, as they do, allowing their citizens to commit hostilities against a friendly power, notwithstanding the orders he has issued for dispersing and disarmthe gang of desperadoes, headed by Toledo, Humbert, Anaya, Bereardo, Suterier, Istri, Dr Robinson, majors Eurie, and Preire, and their fol
Spain and the United States, and diametrically oppose 1 to the general principles of public security .good faith, and to the laws of nations, produces th e most melancholy effects on the interest and the property of the subjects of his catholic majesty. Certain it is, that neither Carthagena, nor any other place in the Spanish dominions in this hemis phere, which has revolted, can be in communicationing with any power friendly to Spain, since neither on its part, nor on that of any other government, has their independence been acknowledged; and it is,lowers, the king my master, will have reason to consequently, an offence against the dignity of the suspect, that if those meetings are not authorised Spanish monarchy, and against the sovereignty of by the government, they are at least tolerated. the king, my master, to admit vessels from such All the assurances I may give to my sovereign, of places manned and commanded by insurgents, and the friendly depositions of his excellency the pre. armed in the dominions of this confederation; par-sident, will not suffice, when compared with the ticularly as the are all pirates, who do not res- evident proofs I had the honor to communicate to pect any flag, are justly considered the disgrace you in this and my former note; particularly when of the seas, and are execrated by all nations. his majesty is well convinced of the resources and The three preceding points are of such esta-authority of the federal government, and the blished equity and justice, that it would be offen- promptitude with which their orders are strictly sive to the delicacy of this government to suppose observed in the whole union. I do not entertain that it could delay, under any pretext, to determine any apprehension of the result of the expedition of on them, in the manner I have proposed, and which these incendiaries. The European wars being I have an express order to request, (solicitar,) in terminated, his majesty will be able to direct all the name of the king, my master. The prompt in- his attention and his powerful armies, to stifle at terposition of the president, that his majesty may once the growth of that insurrection; but the phibe gratified, would be a new testimony of his friend- lanthropic heart of my sovereign, the humanity by ly disposition towards Spain, as evident proof that which he is distinguished, and which constitutes he is determined to put an end to the incalculable the character of the Spanish nation, induce him to extortions and injuries which Spain has suffered, wish to re-establish order among the seduced, rafor the space of seven years, from the gang of ad- ther by mildness than by the force of arms, venturers who have assailed her from the bosom of which cannot be effected without the effusion of this republic; a means of fixing the frank and sin- the blood of his beloved subjects. This object cere system of good neighborhood which so much cannot fail to be obtained as soon as the Mexican interests both states; and finally, a sure prelimina-insurgents, and those of the internal province. ry to the removal of all the difficulties which may cease to be furnished by citizens of this republic present themselves in the negociations, which ought with arms, ammunition and troops. to terminate all the pending discussions between the two governments, and to fix forever between them a perpetual and solid friendship.
If, as I flatter myself, the president gives all the attention which is due to affairs of such transcend-of ant importance, and yields to my solicitations, I can assure his excellency, and yourself, that there will be nothing which the king, my master, will not be disposed to do, to satisfy this republic, which may be compatible with his dignity and with the interests of his subjects.
I shall never have the vain presumption to offe you, or the wise magistrate that is at the head o this administration, any observations on the con sequences that might result aginst the interest
this republic by the independence of Spanis America. My wishes are only directed to equ you in moderation, and to re-establish on the mos firm and permanent basis, the relations betwee our governments This sincere desire will, hope, serve as an apology for me, while I tak the liberty to present a hypothesis in this not
I grant, for a moment, that all the Mexican em pire erects itself into an independent state; tha it adopts the wise constitution of this confedera tion: establishes a complete system of legislation and, finally, that it enjoys all the blessings liberty, in the same full extent as this republic It is beyond question that the climate of Mexic the soil richer and more productive; the pr is more temperate than that of the United Stateductions and fruits more abundant, rich, of a superior quality; and that provisions, labo ad-wood, houses, clothing, &c. are in consequent of the mildness and regularity of the climat much cheaper than in this country. If this should take place, do you not think, sir, as I d that so many alluring prospects, so many evide advantages, will deprive this republic of the su cessive emigrations from Europe? and, what more, of a very considerable part of the most 11ful and industrious inhabitants of this confeder tion, who would carry with them to Mexico the flour and saw mills, machines, manufactures, the enterprising genius, in a word, their general
I renew to you the assurances of my particular respect, and of my constant desire to please you, and pray God to preserve your life many years.
LUIS DE ONIS.
(Signed,) Washington, Dec. 30th, 1815. Hon. James Munroe, &c. &c.
Translation which accompanied a note of the 2d January, 1816, from the Chevalier de Onis, to the secretary of state.
SIR-Since the last note I had the honor to dress you, under the date of the 30th of December, I have received positive information that the expedition which the traitor Toledo was preparing in New Orleans against the dominions of the king, my master, has been suspended until the arrival at that city of two bodies of troops, one thousand men from Kentucky, and three hundred from Tennessee, commanded by two American citizens, that were to be united in twenty four days, to the army of the insurgents. I abstain, sir, from offering to you any observations ou a subject of such high ||
I expect, sir, your answer to these important points, and I have the honor to be, &c. &c. &c.
authorised by each government, but its ratification
struction, and all the means that actually promote and vivify the commerce of these states? I flatter myself that this event will not happen; but I am fully convinced, that the consequences of this hyed by it. At an anterior period, too, the deposit at pothesis can be demonstrated almost with a math- New-Orleans, sipulated by the treaty of 1795, was ematical certainty; and that if the citizens of Ken-suppressed. As the United States had done no intucky, Tennessee, Louisiana and Georgia, should jury to Spain, these acts, so hostile in their nature reflect deeply on this subject, far from giving any and injurious in their effect, excited much surprise. aid to those vagabonds, greedy of the acquisition It had been the uniform object of this government of gold, and regardless of the happiness of their to make such arrangements with Spain, respecting country, they would unite themselves with the the free navigation of the Mississippi, and the bounauthorities of the king, my master, to punish that daries, as, securing to our citizens the full enjoygang of perfidious traitors, that hide themselves ment of their rights, would place the peace and in these states, with the criminal design of devas-friendship of the two countries on a solid and dutating their country. I hope, sir, you will have rable basis. With this view it was sought to obtain the goodness to overlook this digression, to which of Spain, at a fair equivalent, the territory eastI have been carried by my warm desire of strength- ward of the Mississippi. Overtures to this effect were made to the Spanish government, and rejectening the most perfect friendship between the two nations, and to inform bis excellency the president, ed. Being renewed, the minister of the U. States that the orders I claim in his catolic majesty's was informed that Spain had ceded Louisiana to name directed to the trial and punishment of the France, to whom he was referred for the acquisiringleaders of those armies, and to the prohibition tion of such territory, in that quarter, as he might of exporting arms, of any kind, from this country be instructed to make. On the last very important to the provinces, against my sovereign's authority, event, the suppression of the deposit at New-Or are of the greatest importance, and are supported leans, a special mission was instituted to France by the existing treaty of friendship, limits, and and Spain, the object of which was to avert, by anavigation, between Sia and the United States, micable negocia ion and arrangement, the calami. ties of war. Affairs had, more especially by this especially the 16th article. act of violence and hostility, reached a crisis which precluded the idea of temporary palliatives. A comprehensive and permanent arrangement had become indispensable, of which, it was presumed, the governments of France and Spain would be equally sensible. The cession of Louisiana by France to the Uni ed States, was the immediate consequence of this mission, with such a description of its boundaries by the treaty, as it was presumed, would leave no cause of controversy with Spain.
The mission had thus succeeded in a very important object, but there were others of a similar character which remained to be adjusted. The was added, a circumstance of much interest, prodifferences with Spain still existed, and to them ceeding from the acquisition of Louisiana, he unnow to be established with Spain. Under the insettled boundaries of the province, which were fluence of the same policy, the special mission was ordered, soon afterwards to Madrid, to invite a negociation, for the arrangement of all these important concerns. Spain still held territory east
On the re-establishment of the diplomatic relations between the United States and Spain, it was hoped that your government would not have confin-ward of the Perdido, which by her session of Lou ed its attention to the objects in which Spain is a-isiana, and its transfer to the United States, was cept on the side of the ocean, exclusively within lone interested, but have extended it to the injuries separated from her other dominions, and lay, exof which the United States have so long and so justly complained, with a view to such reparation our limits. The importance of this territory to view which might be taken of it, seemed to be as it might now be able to make. The subjects are, Spain, in consequence of these events, in any much diminished, if not entirely lost, while in in their nature, intimately connected. In some important circumstances, indeed, it is impossible to might prove highly injurious. There was danger separate them, since the exposition of the wrongs certain views, of which it was susceptible, it that the continuance of a Spanish colony there, of the United States affords the proper answer, in these instances, to the complaints of Spain. It is two nations. On the other hand, the United States my duty to bring these wrongs in o view, that they might produce jealousy and variance between the may be duly considered and provided for, in case your government has, as I am bound to presume, had acquired territory westward of the Mississip invested you with adequate power for the pur-pi,
supposed, she might be desirous of obtaining. By adjoining the provinces of Spain, which it was venient to each other, and by forming an interval mutual cessions of territory, in quarters most conbetween their possessions, to remain vacant, the danger of collision might be avoided, and their
A treaty, providing an indemnity for those spolia-good understanding more effectually preserved. tions, was agreed to and signed by a minister duly By rendering justice likewise to the claims of the
The secretary of state to the Chevalier de Onis en voy extruorÄnary and minister plenipotentiary of his Catholic majesty.
DEPARTMENT OF STATE, Jan. 19, 1816. SIR-I have had the honor to receive your let. ters of the 30th December, and 2d of January, and to sabmit them to the president.
You demand that your sovereign shall be put in possession of West Florida; that certain persons whom you have mentioned, shall be arrested and tried on the charge of promoting insurrection in the Spanish provinces, and exciting citizens of the United States to join in it; and thirdly, that the flags of Carthagena, the Mexican congress, Buenos Ayres, and other revolting provinces, shall be excluded from the ports of the United States.
At a period anterior to either of the circumstances mentioned in your letters, the United States had suffered great injury by the unlawful seizure and condemnation of their vessels in the ports of Spain.
United States, their citizens would be contented, nion, as to the great moderation of this governand their government be better enabled to control || ment, in acquiescing in it. But why restore this their conduct beyond their limits. Here then province to Spain, if it is the intent on of your gov. seemed to be fair ground for amicable compromise ernment, to make the title to it, in connection with between the parties. An opportunity was pre-other differences, a subject of amicable negocia sented for terminating every difference, and secu- tion and arrangement? May not such negociation ring their future harmony, without loss or sacrifice be entered into, as well while it is in the occupanby either. On the result of this mission I needcy of the United States, as if it were in that of not enlarge. I shall remark only, that the friendly policy which produced it, was not reciprocated by your government; it was perhaps not felt; it was certainly disregarded. Every proposition of the American ministers, having these objects in view,zens was rejected, and none made in return by your go
You demand next, that Mr. Toledo and others, whom you mention, ch rged with promoting revolt in the Spanish provinces, and exciting citiof the United States to join in it, shall be arrested and tried-their troops disarmed and dispersed.
You intimate that troops are levying in Kentucky, Tennessee, Louisiana and Georgia, for the invasion of the Spanish provinces, of whom one thousand are from Kentucky, and three hundred from Tennessee, to be commanded by American citizens; but you do not state at what points these men are collected, or by whom commanded; and to the forces said to be raised in Louisiana and Georgia, your communication is still more indefinite. The information recently obtained by this
This conduct of your government, would have justified if it did not invite he most decisive measures on the part of the United States. The refusal to make reparation for preceding injuries or to surrender any portion of the te riory in the possession of Spain, to which they considered their title indisputable, or to accept fair and liberal propositions for the accommodation of these differen-as ces, or to make a proposi ion of any kind for the purpose, left the United States perfectly free o pursue such course, as in their judgment a just re-department, from persons of high consideration, gard to the honor, rights and interests of the na- is of a very different character. It is stated that tion might dicta e. In the condition of Spain, no men are collected, nor is there my evidence of there was nothing to excite apprehension of the an a tempt or design to collect any in Kentucky, consequences, whatever might be the course deci-Tennessee or Georgia, for the purpose stated; and ded on. Of this, the well known state of the pe that the force said to be assembled under Mr. Toninsula, at the time, and since, and of the Spanish ledo is very inconsiderable, and composed principrovinces in America, affords ample proof. The pally of Spaniards and Frenchmen. If any por ion friendly policy which the United States have since or it consists of citizens of the United States, pursued, is the more conspicuous, from the cousi- their conduct is unauthorised and illegal. This deration, that your government has inflexibly main-force is not within the settled parts of Louisiana, tained the unjust and hostile attitude which i but in the wilderness, be ween he settlements of then assumed, and has even dded new injuries the United States and Spain, beyond the actual and insults to those of which I have already com-operation of our laws. I have to request, that you plained. I refer in this latter remark, to the will have the goodness to state, at what points in breaches of the neutrality of Spain, which her gov. Kentucky, Tennessee, Georgia, and Louisiana, any ernment permitted, if it did not authorise, by Bri'- force is collected, the number in each instance, ish troops, and British agents, in Florida, and and by whom commanded. If such force is colthrough that province, with the Creeks and other tected, or collecting within the United States, for Indian tribes, in the late war with Great Britain, the purpose sugested, or other illegal purpose to the great injury of the United States. It is it will be dispersed, and the parties prosecuted under these circumstances that you have made the according to law. demands above recited, to which I will now pro ceed to give a more particular reply.
You require that Spain shall be put in posses sion of West Florida, as an act of justice, before a di cussion of the right of the parties to it is entered on.
This government is under no obligation, nor has it the power, by any law or treaty, to surrender any inhabitant of Spain or the Spanish provinces, on ine demand of the government of Spain; nor is any such inhabitant punishable by the laws of the United States for acts committed beyond their jurisdiction, the case of pirates alone excepted. This is a fundamental law of our system. It is not, however, confined to us. It is believed to be the law of all civilized nations, where not particularly
I is known to your government, that the United States claim by cession, at a fair equivalent, the province of Louisiana, as it was held by France prior to the treaty of 1763, extending from the river Perdido, on the eastern side of the Missis-varied by treaties. sippi, to the Bravo, or Grande, on the western. To In reply to your third demand, the exclusion of the whole territory within those limits, the United the flag of the revolting provinces, I have to obStates consider their right established by well- serve, chat in consequence of the unsettled state known facts, and the fair interpretation of treaties. of many countries, and repeated changes of the In a like spirit may the United States demand the ruling authority in each, there being at the same surrender of all the territory above described, now time, several competitors, and each party bearing in the occupancy of Spain, as a condition to the its appropriate flag, the president thought it pro commencement of any negociation for the adjust-per, some time past, to give orders to the collectment of differences. When we consider how long ors, not to make the flag of any vessel a criterion your government has maintained what is deemed or condi ion of its admission into the ports of the an unjust possession; more especially, when we United States. Having taken no part in the differrecollect that the injuries before received are still ences and convulsions which have disturbed those unredressed, and that others have been since ren- countries, it is consistent with the just principles, dered, there can be, it is presumed, but one opi- as it is with the interests of the United States, to
and has given you full power to conclude a treaty
I have the honor to be, with great consideration,
receive the vessels of all countries into their ports, to whatever party belonging, and under whatever flag sailing, pirates excepted, requiring of them only the payment of the duties, and obedience to the laws while under their jurisdiction; without adverting to the question, whether they had committed any violation of the allegiance or laws ob ligory on them in the countries to which they belonged, either in assuming such flag, or in any orher respect.
Regulations respecting commerce by foreigners with
In the differences which have subsisted between Spain and her colonies, the United States have observed all proper respect 10 their friendly relations In the city of Porto Rico the 31st day of January, with Spain. They took no measure to idemnify then,selves for losses and injuries; none to guard against the accupancy of the Spanish territory by the Bitish forces in the late war, or to occupy the terri ory to which the United States consider their title good, except in the instance of West-Florida, and in that instance under circumstances which made their interposition as much an act of accommodation to the Spanish authority there, as of security to themselves. They have also prohibited their citizens from taking any part in the war; and the iglaabi ants of the colonies, and other foreign-pro 1st. For and during the space of one year from ers connected with them, from recruiting men in the United States for that purpose. The pro clamations which have been issued by the govern- this date, foreign vessels from all friendly nations, ors of some of the states and territories, at the in- shall be admitted in this port,whether from Europe stance of the president, and the proclamation or from the United States of America. To those lately issued by the president himself, are not un-coming from any of the foreign American islands, the above limitations expiring, the governor and known to your government. This conduct, under this liberty shall be limited to six months: and on such circumstances, and at such a time, is of a character too marked to be mistaken by the im- the intendant will determine whether they may or may not be prolonged, according to circumpartial world. stances, and subject also to the king's intermediate orders which, at any time, may be received on the subject.
By the governor and captain general Don SalvaAlexandro Ramirez: In consequence of the repredor Melendez, and by the intendant general Don sentations made in two general mee ings of the merchants and others on the 24th November and 15th December last, and with a view to conciliate as much as possible the system established by the royal decree of 10th of August last, with the present state of this island, its greatest encourage. ment in the exportation of its products and better ection of national commerce, &c. have decreed the following, viz:
What will be the final result of the civil war, which prevails between Spain and the Spanish provinces in America, is beyond the reach of human foresight. It has already existed many years, and with various success, sometimes one party prevail ing and then the other.-In some of the provinces, the success of the revolutionists appears to have given to their cause more stability than in others. All that your government had a right to claim of the United States, was, that they should no inter3d. One month only is allowed for the admissifere in the contest, or promote, by any active service, the success of the revolution, admi ting that they continued to overlook the injuries received sion of foreign vessels into all the aforesaid other from Spain, and remained at peace. This right was ports of this island, which by virtue of former common to the colonists. With equal justice might regulations may be found going or bound to either each port from the day of the publication of these they claim, that we would not interfere to their of them: after which month, to be reckoned in disadvantage: that our ports should remain open to both parties, as they were before the commence-premises, it shall be intimated to all such vessels ment of the struggle; that our laws regulating so bound to direct their course, if they see fit, to commerce with foreign nations should not be this principal port, and if, after such intimation vessels shall be treated as smugglers, detained, changed to their injury. On these principles the U. they should be found hovering on the coast, such tried and condemned according to law. States have acted.
2d. No foreign vessel shall be admitted into any of the other ports of this island without a special permission from the governor and intendant, to be granted by both on the solicitation of its consignee and on his responsibility, be it for the better disposal of articles not saleable at the return cargoes. time in this city, or to facilitate the shipment of
4th. The same penalties shall be rigorously in
So much I have thought proper to state, respecting the relations existing between the United States and Spain. The restoration of the diploma-flicted on all foreign vessels which, without come into any road, harbor or inlet whatever; even into tic intercourse between our governments, forms an just cause of an unavoidable nature, shait enter epoch which cannot fail to be important to both nations. If it does not produce a result favorable any of the ports of entry, after the expiration of to their future friendship and good understanding, the month allowed in the preceding article, withto your government will the failure be imputable. out previous permission being obtained as aforeThe U. States have at all times been willing to settle their differences on just principles and conditions, and they still are. Of this I informed you in my letter of the 5th of May, as I likewise did Mr. Cevellos, in a letter of the 17th of July It will be very satisfactory to the president, to find that your government entertains now the same disposition,
5th. All kinds of merchandize will be permit as well as national vessels, during the year aforeted to entry in this, the principal port in foreign, said, if from Europe or from the United States; and during six months, if from the foreign islands, excepting, however, sugar, rum, molasses, and to
bacco; which, if imported must be on the express imposed by the roval order of the 10th February,
Spain, imported in foreign vessels from Spanish
7th. Foreign vessels will pay tonnage duty as
8th. Foreign vessels coming from foreign ports where Spanish consuls reside, must be provided, as required, with their corresponding consular documents, and all vessels coming without the same shall not be admitted to an entry.
9th. Every individual belonging to foreign vessels, must return in the same, without going beyond the ports wherein they are admitted to an entry, neither attempting to remain or residemain therein, without some just cause or accidental circumstance being assigned; or unless they have solicited and obtained the necessary permission from the government so to do.
10th. Articles landed from foreign vessels may be re-shipped for want of sale, when intended for foreign and not for Spanish ports, and in such case the duties paid on the same be returned with a de- || duction only of 2 per cent.
May, 1815, bound to New Orleans, with a crew I sailed from Connecticut river on the 6th of consisting of George Williams, chief mate, Aaron R. Savage, 2d mate, Archibald Robins, Wm. Porter, James Clark, and Thomas Burns, seamen. Hocook, and two land men who left the brig at New race Savage, boy, Richard Delille, black man, Orleans, where I shipped in their stead John Ho
11th. No transfer of any articles whatsoever will be permitted from one vessel to another with- || out some very just and urgent motive, nor without a previous examination taking place, on thegan and James Barrett, seamen.-With this crew I Mole, of the articles so intended to be transferred; sailed for Gibraltar, where I received on board and when permission shall be granted for the re. exportation of such articles so transferred, the old man named Antonio Michael, of N. Orleans, part of a cargo of brandy, wine and specie. An same two per cent. on the duties thereof, as per who was recommended to my charity, was here ta article 10th, shall be exacted and paid. ken on board. I sailed from Gibraltar on the 24th |ther for a number of days. On the evening of the of August, and experienced very thick foggy wea.
12th. On the exportation of the fruits and produce of this island by foreign vessels, the old duty
Spain or of this island, exported hence in foreign 14th. Articles the produce of the dominions of vessels to Spanish ports in America, will also pay the obligation of presenting documental proof of two per cent. without any other charge, but with the due delivery thereof.
15th The exportation of money to foreign counimportation of gold and silver in current coin from ries in any vessel whatever is prohibited. The ny country and by any vessel, is free of all duies.
16th. All frauds committed or intended by foreigners or by their vessels, will, inevitably expose them to confiscation, according to law, and ny difference or excess observed or discovered between the manifest and the cargo at the comparing of both in the custom house, shall incur the made, unless instantly proved to be an error or same penalty, without indul ence or allowance unintentional mistake.
17th. Vessels arriving in ballast from foreign the edict of 25th October, 1814 ports will continue, for the present, paying as by
The 18th and last article relates solely to local
Spanish Consulate, Baltimore, 19th March, 1816.
J. B. BERNABEUA, Spanish Consul.
CAPTAIN RILEY'S NARRATIVE.
To the editor of the N York Mercantile Advertiser.