and for the same cause I conceive every proposition superfluous which is not conformable to the said ordinance, and I shall not subscribe to any. I hope you will entirely agree with me in opinion, as I cannot conclude the treaty until this point be fully settled. TRANSLATION. From Mr. Pinckney. San Lorenzo, October 23, 1795. M. LE PRINCE, The propositions which I had the honour to communicate to you in my letter of the 20th current, having been formed upon principles already recognised by Spain and by the United States, I thought it the best mode for determining all discussion on the subject; for it appears clear that where there is a difference of opinion between two independent powers, it is a happy circumstance if they can have recourse to principles already admitted by both parties, without the one being obliged to give up his opinion, or to sacrifice his rights to the other. With this impression I have the honour of repeating to you that I cannot agree to any proposition which does not contain substantially what I proposed to your excellency in my former representations. I take the liberty of observing here that your excellency does not appear to have received correct information as to the immediate liberation of the American vessels taken since the 6th of April last, as out of the five carried into Santander, for which I have presented a claim, to wit, the Liberty, of New York, the Maria, of Boston, the Providence, of Philadelphia, the Abigail, of New York, and the Three Friends, of Salem, the Liberty was detained one hundred and ten days; the Three Friends was detained at the departure of the last post; and the three others put to sea without a part of their cargoes which your excellency had ordered to be restored; although I know that the officers of the marine at that place have received positive orders from your excellency for the restitution of the said vessels and effects. As to what concerns the treaty, I agree with your excellency that it would not be convenient to your excellency or myself to sign it until we have agreed relative to the vessels; and I can add that even then I cannot sign unless the manner of navigating the river Mississippi by the citizens of the United States be regulated upon the principles of some one of the propositions which I have had the honour of making to you. I have the honour to be, &c. TRANSLATION. San Lorenzo, October 24, 1795. MONSIEUR LE PRINCE,-Important affairs demanding my return to England, I shall have the honour to take leave of their majesties, as we have agreed, to-morrow, and I take the liberty of requesting you to have the usual passports expedited for my journey. Wishing to enter France by the way of Perpignan, I am desirous also of taking the route of Valentia and Barcelona, and shall be charmed to execute the orders with which your excellency may be pleased to honour me for any place on the road. I embrace this opportunity of testifying to your excellency my acknowledgments for the marks of good will, and for all the friendly offices received from you during my stay here; and I pray you to accept, &c, TRANSLATION, From the Prince. St. Lorenzo, October 28, 1795. SIR,-In consequence of having yesterday signed with you a treaty of friendship, limits and navigation, between the king my lord and the United States of America, and of the information lately received from the governour of Louisiana, stating that the governor of the Natchez had advanced to occupy the post of the Barrancas of Margot, comprehended within our ancient limits; and that some inhabitants of Kentucky and the neighbouring states also intended taking possession; his majesty has commanded the said governour to suspend all hostility, in case any shall have been committed on his part, or on that of the citizens of the United States, leaving matters in the situation in which they may be on the receipt of the order, until the ratification of the treaty; and he most sincerely enjoins all the military officers of the two Floridas to maintain perfect harmony with the commanders of the troops of the United States on those frontiers, as his majesty wishes that the said treaty may eradicate every motive of dispute which has hitherto existed, and that it will more and more strengthen the reciprocal friendship of both countries. Not doubting but you will communicate every thing without loss of time to the President of the United States, that he may expedite similar orders for preventing every kind of inconvenience on both sides, and perhaps an effusion of blood, now as useless as repugnant to humanity. TREATY OF AMITY, LIMITS, AND NAVIGATION. ART. I. ART. 11. This agrees with our proper boundary. ART. II. The instructions do not mention this, but I thought it might prevent disputes in future, and would have an immediate good effect with the Indians. ART. IV. The wording of the latter part of this article seemed objectionable, and various alterations were proposed. It required much contest to obtain any alteration from the mode first proposed by Spain, whose doubts were principally founded on a jealousy of our letting in others. The substance, however, appears to me not disadvantageous when considered as connected with the provision in the 21st article, and the wording fully authorized by my instructions. ART. V. This article occupied much time; and great prejudices were to be removed. The only part, as it now stands, which may appear objectionable, is the kind of defensive alliance we herein make with Spain against our respective Indians; and as the case was new, and the instructions not pointed on this head, I wished other modifica. tions, more for the sake of farther investigation than from an opinion of disadvantage resulting from it. For it appears to me, under our present and probable future circumstances, to be a beneficial stipulation. ART. VI. Taken from the 7th of Prussia, with a small addition at the end which appears to me not objectionable. ART. VII. The first part taken from the 16th of Prussia; the latter part I added, because I considered it a good sti pulation in all situations, but particularly so in Spain. ART. VIII. Taken from the 19th of France. ART. IX. 16th of France. ART. X. 9th of Prussia, the last paragraph omitted. ART. XII. 12th of France. ART. XIII. 20th of France. ART. XVI. From the 24th of France, to the last paragraph, on which the greatest dissension prevailed. This conclusion is, however, the result of a composition which I hope will not have a bad effect. ART. XVII. From the 25th of France to the last paragraph. The same remark may be made on this paragraph as was applied to the last article. It may, however, be remarked, that it is evidently to our advantage that every precaution should be taken to prevent abuses against which this article is directed. Even in this war great injury has been done to the confidence which should be reposed in the sanction of our flag, from its having been assumed by others; and i am sorry to add, from unjustifiable conduct in some of our citizens. XVIII. From the 27th of France. This being the last of the articles relating to the neutral rights, I will here make an observation applicable to all of this class, which is, that every stipulation in favour of these rights has appeared to be thought by the Spanish cabinet a concession in favour of America. I think I have proved to the minister most clearly, that the amplest freedom given to neutral commerce is consonant to the true interests of Spain; but I have had almost as much trouble to obtain these stipulations as to settle other points wherein their immediate interests were not so clear. After all, they are not exactly as I could wish. ART. XIX. As no commercial arrangements were made in this treaty, this was all that could be said concerning consuls. ART. XX. This article appears favourable to us. ART. XXI. The part of this article which relates to our accommodation on the Mississippi, occasioned the greatest difficulty. It was our difference on this point, and that of the spoliations, which occasioned me to ask for my pass ports; and the only words of warmth which have passed between the prince de la Paz and myself were on the subject of this article; and on my part, I assure you, they were merely confined to repelling an expression in that line. Upon the whole, the personal conduct of the minister to me has been perfectly satisfactory. By this article we are ensured a permanent depot at New Orleans, or another equivalent establishment, which I hope will prove of real utility. If good faith is observed it certainly will; and without good faith any article [which] could be inserted in a treaty would bę nugatory. ART. XXII. The written correspondence will in part show the various ways in which I endeavoured to arrange this business. The proposal of the British principle of accom modation came from the Spanish negotiator, and was urged upon strong grounds. I trust, however, that this is upon the whole better than the British arrangement. There was at first a rooted repugnance to insert this and the preceding article in the treaty; in which objection the national pride seemed most concerned. ART. XXIII. The time assigned for the exchange of the. ratifications was made so short because I knew the Senate would be assembled at the time when this treaty may be expected to arrive, and because some stipulations, beneficial to us, cannot be executed till after this exchange. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES TO CONGRESS RELATIVE TO ALGIERS. JAN. 9, 1797. HEREWITH I lay before you, in confidence, reports from the departments of state and the treasury, by which you will see the present situation of our affairs with the dey and regency of Algiers. GEO. WASHINGTON. To the President of the United States. THE Secretary of State respectfully makes the following brief representation of the affairs of the United States in relation to Algiers. When col. Humphreys left America, in April, 1795, he was accompanied by Joseph Donaldson, Esq. who had been appointed consul for Tunis and Tripoli; and him col. Humphreys was authorized to employ in negotiating a treaty with Algiers; while he should proceed himself to France, for the purpose of obtaining the co-operation of that government in this negotiation. They arrived at Gibraltar the 17th of May. Col. Humphreys concluded, that it was expedient for Mr. Donaldson to go first to Alicant rather than Algiers, in order to be near at hand to ascertain facts and profit of occasions. He gave him instructions accordingly; and having also instructed Mr. Simpson, our consul at Gibraltar, to renew our peace with the emperor of Morocco, col. Humphreys sailed from Gibraltar the 24th of May, and arrived at Havre de Grace the 26th of June, from whence he set off immediately for Paris. The object of his mission was communicated by our minister, col. Monroe, to the committee of publick safety. On the 21st of July he had received only a verbal answer, that the French government was disposed to interest itself, and to do every thing in its power to promote the accomplishment of our wishes on the subject in question. On the 28th assurances were received that immediate measures should be taken for giving particular instructions to the agents of the repub |