ranged, not only the indemnities due to the subjects and citizens of both nations, for the injuries they had suffered from the last war between his majesty and Great Britain to the present, in contravention of the law of nations and the existing treaty between the two powers, but also to fix the respective limits to the satisfaction of both. The intention of his majesty, (and in this I believe the two governments agree,) is not confined to a partial arrangement, which might leave in existence the disagreements which have unhappily arisen between them from the effect of circumstances. His majesty, fully convinced that no treaty or convention can be durable, unless it is founded in equality and mutual convenience, has particularly directed me, that, keeping in mind the reciprocal, political and commercial interests which unite the two nations, I should so adjust the definitive arrangement with the person whom the President should authorize to that effect, that no controversy could ever again arise between them.

I cannot conceal from you, that to arrive at this end, it is indispensable to begin by amicably discussing and agreeing upon the rights of each of the two powers, and that the result of this discussion is what ought to guide us in arranging the indemnities and fixing the limits which may be just and mutually convenient to the two nations. You had the goodness to say to me that this method had been adopted by you and Mr. Cevallos, and that if we renewed it, precious time would be lost without our being able to agree. In such a dilemma, and anxious to contribute on my part to accelerate the negotiation, I took the liberty to propose to you the only other method which appeared to me to exist, besides the one which I have just mentioned, to arrange these differences, which is this: That the two powers. throwing off all idea of aggrandizement, and sacrificing resentments and complaints of little importance, should proceed, with good faith, to fix limits between them which should be mutually convenient, which should not be liable to controversy, or be unknown to, or violated by, the respective subjects of each.

You did me the honour to applaud a proposition so frank and liberal, as dictated by equity and good faithand made known to me, with the same frankness, that the United States desired to unite to its dominions all the territories which belong to Spain to the east of the Mississippi; and that for them. they would offer to Spain those

which were between the Rio del Norte and the Colorado. But, as not only these lands, but all those which lie between the Colorado and cape North, drawing a line by the river Mermento, or Mermentao, towards the Presidio. of Adais, and from thence by the Arroyo Onda towards Natchitoches, are a part of the province of Texas, belonging to, and in the uninterrupted possession of, his majesty, without there having been, in relation thereto, any dispute between France and Spain, that dispute being solely as to Natchitoches, which fort the French raised, unjustly, in the territory of his catholick majesty; it results that this proposition not only does not offer compensation to his majesty for West and East Florida, whose cession the United States intimate would be very agreeable to them, but it involves the relinquishment of the property and possession which his majesty has of the territory in the province of Texas, which lies between the Colorado and the vicinity of Natchitoches.

To propositions so distant from the equality and recip rocal convenience in which we have agreed to treat these affairs, I answered, that as the powers of his majesty had been hastily sent to me by Mr. Cevallos, to take advantage of the departure of Mr. Brent, I have not received express instructions touching the entire cession of the two Floridas which the United States wished, and although they prove to me the desire of his majesty to accommodate them in all arrangements which may be compatible with his interests, I saw myself obliged to wait for instructions on this point, of so much the greater importance, as it relates to the cession by his majesty to the United States of the port of Pensacola, which was the key of the gulf of Mexico, the best port of that gulf, and which was the more necessary to his majesty for the security of his possessions; but that, in the mean time, if you should propose to me, on the part of this government, to make the Mississippi the frontier, I should see in that proposition a disposition on the part of the United States to offer some equivalent, and I would recommend it to the consideration of his majesty as a fixed and stable limit to assure the peace and tranquillity of the two nations.

I hope that you will recognise in this exposition the sincerity and ingenuousness with which I proceed, and that you will, on a view of it, adopt, of the two modes proposed for setting on foot the negotiation, that which wil

be most agreeable to the United States. The first, that is to say, that of discussing and agreeing upon the reciprocal rights and pretensions of the two nations, is the safest. and that which ought to conduct us, with the greatest precision, to the indemnities and to the establishment of limits between them, since nothing is more easy than that, each point of justice being agreed upon, the equivalent to it should be arranged upon principles of equality and reciprocal convenience. The second is shorter, but it requires a relinquishment of all views of aggrandizement on both sides, and that each government, adopting as a basis. the uti possidetis, either of the year 1792, which is the one fixed on by the allied courts in the general pacification. for the recognition of the right of property in their possessions, or that of the year 1763, after the conclusion of the treaty of peace between Spain, France, and England, in which treaty the limits of their provinces were fixed, and the two Floridas were separated, the East from Spain, and the West from France, by transferring them in full sovereignty to England, they may come to a just and friendly understanding, so as to do away these disagreements. I am ready to discuss with you in the first mode just referred to. I am, also, ready to treat with you by adopting the second and I flatter myself that I shall, in either case, give you proofs that I will not depart from what is due to justice, equity, and the mutual convenience of the two nations. I renew to you, &c. LUIS DE ONIS.

:

Copy of a Letter from the Secretary of State, the Chevalier de Onis. Department of State, Jan. 25, 1917.

SIR, I have had the honour to receive your letter of the 16th, in reply to mine of the 14th of this month.

It having been the invariable desire of the United States, to settle all differences with Spain, on just and fair conditions; it is seen with much regret, that a similar disposition is not manifested on the part of your govern

ment.

Finding by your letter, that I had distinctly understood the views of your government, as explained by you, in our late conference, and stated in my last letter; and perceiving also, that you still adhere to those views, which, being altogether inconsistent with the rights of the United States, are inadmissible; I have to repeat, that this govern

ment has no motive to continue the negotiation, on the subject of boundaries.

In making this frank declaration, I cannot avoid expressing my surprise, that you should now find it necessary to refer again to your government, for instructions on any part of this subject. These differences have long existed, and as far back as 1805, were fully discussed, as you readily admitted, in every circumstance, appertaining to, or connected with them, in a special mission to Madrid for the purpose. It was hoped and expected on the restoration of the diplomatic intercourse between the two nations, that you would have been invested with full power to settle them; and, it was in accord with your views, when this was found not to be the case, that the requisite authority was given to the minister plenipotentiary of the United States at Madrid. It could not have been doubted, as your government had not authorized its minister here, to bring these controversies to a conclusion, that the minister of the United States would have been promptly met in his offers to effect it at Madrid. I need not repeat to you the great disappointment which the President felt, when, after the lapse of so much time, he was informed, than an expression of regret in my letter to you. of the 10th of June, at the delay resulting from your want of powers, and from the necessity of transferring the negotiation to Madrid, had been misconstrued into a desire that it should be transferred again to the United States. On examining however, the tenour of your commission, and the communications between Mr. Erving and Mr. Cevallos, both of which seemed to contemplate a prompt conclusion of the business here; the idea now brought forward in your letter, of a further resort to your government for other instructions, was surely the last to enter into the anticipations of this government.

It is proper to add, that I understood you to conceive in our late conference, fully with me, in the sentiments, that any further discussion of subjects, which had been already so often discussed and completely exhausted, would be useless, since it could not be presumed that any change of opinion, on any point, would take place on either side. Each party understands its rights, and has, doubtless, made up its mind as to the conditions it is willing to adopt. To those suggested by you, as being worthy the consideration of your government, this government cannot agree.

Under these circumstances, I have again to request that you will do me the honour to inform me, whether you are willing to conclude a convention, to provide indemnity for spoliations, and the suppression of the deposite at New Orleans, as mentioned in my last letter.

I have the honour to be, &c.

TRANSLATION.

JAMES MONROE.

Mr. Onis to the Secretary of State. Feb. 10, 1817. SIR, I have received the official letter which you did me the honour to address to me, under the date of the 25th of last month, stating that, notwithstanding the desire the President had to adjust all differences between Spain and the United States on just conditions, and to their mutual convenience, it was seen, with great regret, that a like disposition was not manifested on the part of Spain.

You support this opinion on the ground that I adhere to the same sentiments which my government manifested in former times; and also, that the President, seeing the powers with which his majesty had been pleased to honour ne, could not comprehend why I should think it necessary to recur to my sovereign to obtain new instructions. You will permit me to observe, that the number of privateers armed in the ports of this country, to cruise under an unknown flag against Spanish commerce, have obstructed in such a manner the communications between the peninsula and these states, that the accidental circumstance of Mr. Brent's having taken charge of the duplicates of his majesty's powers, has alone obtained for me the receipt. for them, and that I am even yet without the originals: with which, doubtless, his majesty sent me instructions, and communicated to me his reasons for transferring the negotiation here. I can assure you that I am entirely ignorant of what has passed in Madrid between Mr. Erving and Mr. Cevallos, and that I am not less so of the motives which have induced his majesty to transfer the discussion here, notwithstanding I had informed him, that I had myself proposed to you that authority and instructions should be given to Mr. Erving in relation to it, it being clear to me, that his majesty desired nothing with more anxiety than to see an affair terminated, which must be the precursor of the reciprocal intimacy which should be established between the two governments, for the mutual benefit of their respective subjects and citizens.