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MESSAGE

FROM THE PRESIDENT OF THE UNITED STATES TO CONGRESS RELATIVE TO TRANSACTIONS WITH SPAIN. DECEMBER 16," 1793.

THE situation of affairs in Europe, in the course of the year 1790, having rendered it possible that a moment might arrive favourable for the arrangement of our unsettled matters with Spain, it was thought proper to prepare a representative at that court to avail us of it. A confidential person was therefore despatched to be the bearer of instructions to him, and to supply, by verbal communications, any addi-" tional information of which he might find himself in need. The government of France was at the same time applied to for its aid and influence in this negotiation. Events, however, took a turn which did not present the occasion hoped for.

About the close of the ensuing year I was informed, through the representatives of Spain here, that their government would be willing to renew at Madrid the former conferences on these subjects. Though the transfer of scene was not what would have been desired, yet I did not think it important enough to reject the proposition; and therefore, with the advice and consent of the Senate, I appointed commissioners plenipotentiary for negotiating and concluding a treaty with that country on the several subjects of boundary, navigation and commerce, and gave them the instructions now communicated. Before these negotiations, however," could be got into train, the new troubles which had arisen in Europe had produced new combinations among the powers there, the effects of which are but too visible in the proceedings now laid before you.

In the mean time, some other points of discussion had arisen with that country, to wit, the restitution of property escaping into the territories of each other, the mutual exchange of fugitives from justice, and above all the mutual interferences with the Indians lying between us. I had the best, reason to believe that the hostilities threatened and exercised by the southern Indians on our border were excited by the agents of that government. Representations were thereon directed to be made by our commissioners to the Spanish government, and a proposal to cultivate with good faith the peace of each other with those people. In the mean time, corresponding suspicions were entertained, or pretend

ed to be entertained, on their part, of like hostile excitements by our agents to disturb their peace with the same nations. These were brought forward by the representatives of Spain here in a style which could not fail to produce attention. A claim of patronage and protection of those Indians was asserted; a mediation between them and us by that sovereign assumed; their boundaries with us made a subject of interference; and at length, at the very moment when these savages were committing daily inroads upon our frontier, we were informed by them that "the continuation of the peace, good harmony and perfect friendship of the two nations was very problematical for the future, unless the United States should take more convenient measures and of greater energy than those adopted for a long time past."

If their previous correspondence had worn the appearance, of a desire to urge on a disagreement, this last declaration left no room to evade it, since it could not be conceived we would submit to the scalping knife and tomahawk of the savage without any resistance. I thought it time, therefore, to know if these were the views of their sovereign; and despatched a special messenger with instructions to our commissioners, which are among the papers now communicated. Their last letter gives us reason to expect very shortly to know the result. I must add, that the Spanish representatives here, perceiving that their last communication had made" considerable impression, endeavoured to abate this by some subsequent professions, which, being also among the communications to the legislature, they will be able to form their own conclusions. GEORGE WASHINGTON.

DOCUMENTS.

New York, August 2, 1790. DEAR SIR,This letter will be delivered you by colonel Humphreys, whose character is so well known to you, as to need no recommendations from me.

The present appearances of war between our two neighbours, Spain and England, cannot but excite all our attention. The part we are to act is uncertain, and will be difficult. The unsettled state of our affairs with Spain may give a turn to it very different from what we would wish. As it is important that you should be fully apprized of our way of thinking on this subject, I have sketched, in the enclosed paper, general heads of consideration arising from present

circumstances; these will be readily developed by your own reflections, and in conversations with colonel Humphreys, who, possessing the sentiments of the Executive on this subject, being well acquainted with the circumstances of the western country in particular, and of the state of our affairs in general, comes to Madrid expressly for the purpose of giving you a thorough communication of them. He will therefore remain there as many days or weeks as may be necessary for this purpose. With this information, written and oral, you will be enabled to meet the minister in conversations on the subject of the navigation of the Mississippi, to which we wish you to lead his attention immediately. Impress him thoroughly with the necessity of an early and even an immediate settlement of this matter, and of a return to the field of negotiation for this purpose; and though it must be done delicately, yet he must be made to understand unequivocally, that a resumption of the negotiation is not desired on our part unless he can determine, in the first opening of it, to yield the immediate and full enjoyment of that naviga

tion.

(I say nothing of the claims of Spain to our territory north of the 31st degree, and east of the Mississippi: they never merited the respect of an answer; and you know it has been admitted at Madrid that they were not to be maintained.)

It may be asked, what need of negotiation, if the navigation is to be ceded at all events? You know that the navigation cannot be practised without a port where the sea and river vessels may meet and exchange loads, and where those employed about them may be safe and unmolested. The right to use a thing comprehends a right to the means necessary to its use, and without which it would be useless. The fixing on a proper port, and the degree of freedom it is to enjoy in its operations, will require negotiation, and be governed by events. There is danger indeed that even the unavoidable delay of sending a negotiator here may render the mission too late for the preservation of peace. It is impossible to answer for the forbearance of our western citiWe endeavour to quiet them with the expectation of an attainment of their rights by peaceable means; but should they in a moment of impatience hazard others, there is no saying how far we may be led; for neither themselves nor their rights, will ever be abandoned by us.

zens.

You will be pleased to observe, that we press these matters warmly and firmly, under this idea that the war between Spain and Great Britain will be begun before you receive

this; and such a moment must not be lost. But should an accommodation take place, we retain indeed the same object, and the same resolutions, unalterably; but your discretion will suggest, that in that event they must be pressed more softly; and that patience and persuasion must temper your conferences, till either these may prevail, or some other circumstances turn up which may enable us to use other means for the attainment of an object which we are determined in the end to obtain at every risk. I have the honour to be, &c. TH: JEFFERSON.

William Carmichael, Esq.

St. Augustine, in Florida, Aug. 2, 1791.

THE following is delivered by James Seagrove, commissioner on the part of the United States, to his excellency don Juan Nepomaceno de Quesada, governour of the province of East Florida, &c. &c. for his concurrence.

That in order to prevent fugitive slaves from the United States taking shelter in Florida, his excellency the governour will be pleased to issue his proclamation, ordering all officers, civil and military, within this colony, but particularly those on the river St.Marys, to stop all such fugitive slaves, and without delay convey them to the Spanish post on Amelia island; there to be detained until a person properly au. thorized by the United States shall there call and receive them, paying at the same time a reasonable price for their maintenance, and also expense of conveying from the place where taken to the place of confinement. The sum to be agreed on by his excellency and the commissioner.

That notice be given as soon as possible by the officer commanding at Amelia to the commanding officer at the American post on St. Marys when any fugitive slaves from the United States are under his care.

That his excellency would be pleased to issue severe orders against any person harbouring or concealing such fugitive slaves; but that they be obliged to make them prisoners, and deliver them without delay to the nearest Spanish post, and from thence to be conveyed to the general place for receiving them at Amelia.

That his excellency will be pleased to order that all fugitive slaves belonging to the United States, who have taken shelter in Florida since the date of his catholick majesty's order on that head, be immediately restored on the preceding terms.

The commissioner is ready to confer on and explain any matter relative to the preceding, being with all possible respect, &c. JAMES SEAGROVE.

His Excellency Don Juan Nepomaceno de Quesada, Governour and Commander in Chief of the Province of East Florida, &c. &c. at St. Augustine.

Appointment of Mr. Jay. In Congress, July 20, 1785.

On the report of a committee to whom was referred a letter of the 8th, from the secretary for foreign affairs, enclosing one of the same date from don Diego Gardoqui,

Resolved, That the honourable John Jay, Secretary to the United States of America for the department of foreign affairs, be and he hereby is invested with full powers, in behalf of the United States of America, to treat, adjust, conclude and sign with don Diego de Gardoqui, the encargado de negotios of his catholick majesty, whatever articles, compacts and conventions may be necessary for establishing and fixing the boundaries between the territories of the said United States and those of his catholick majesty, and for promoting the general harmony and mutual interests of the two nations.

Mr. Gardoqui's Commission.

DON CARLOS, by the grace of God, king of Castile, of Leon, of Arragon, of the two Sicilies, of Jerusalem, of Navarre, of Granada, of Toledo, of Valencia, of Galicia, of Majorca, of Seville, of Sardinia, of Cordova, of Corsica, of Murcia, of Jaen, of the Algarves, of Algeevia, of Gibraltar, of the Canary islands, of the East and West Indies, islands and Terra Firma, of the Ocean sea, archduke of Austria, duke of Burgundy, Brabant and Milan, count of Apsburgh, of Flanders, Tirol and Barcelona, lord of Biscay and of Milan, &c. Whereas there are many and very extensive territories in North America appertaining to my crown, and bordering on others of the United States of the same America, it is very convenient to establish and fix the respective limits, and to regulate those other points on which between friendly powers and nations it is always convenient and necessary to have established regulations in order to obviate all differences. The good correspondence and har mony which subsists between us and the said United States