Another member, to wit: JAMES COCHRAN, from North Carolina, appeared and took his seat. Mr. MORROW, from the Committee on the Public Lands, to whom was referred the bill from the Senate "for the relief of 'Thomas O'Bannon," reported the same without amendment; and it was ordered to be read the third time to-morrow. Mr. GHOLSON, from the Committee of Claims, made a report on the petition of Jared Shattuck, referred the twenty-sixth ultimo; which was read, and referred to a Committee of the Whole on the first Monday in January next. Mr. NEWTON, from the Committee of Commerce and Manufactures, made an unfavorable report on the petition of Thomas Fishbourn Wharton; which was read, and concurred in. On motion of Mr. HARPER, the Committee of Ways and Means were instructed to inquire into the expediency of allowing an additional compensation to the Postmaster General; and that they have leave to report by bill, or otherwise. An engrossed bill for the relief of John Burnham was read the third time, and passed. An engrossed bill to authorize the laying out a public road from the line established by the Treaty of Greenville, to the North Bend, in the State of Ohio, was read the third time, and passed. The bill from the Senate, "To authorize the surveying and marking of certain roads, in the State of Ohio, as contemplated by the Treaty of Brownstown, in the Territory of Michigan," was read the third time, and passed. SPANISH AMERICAN COLONIES. Mr. MITCHILL, from the committee appointed on that part of the President's Message which relates to the Spanish American Colonies, made a report, in part, thereon; which was read, and referred to a Committee of the Whole on the state of the Union. The report is as follows: DECEMBER, 1811. The committes to whom was referred so much of the President's Message as relates to the Spanish American colonies, have, in obedience to the order of the House, deliberately considered the subject before them, and directed a report, in part, to be submitted to the consideration of the House, in the form of a public declaration, as follows: have represented to the United States that it has been Whereas several of the American Spanish provinces found expedient for them to associate and form Federal Governments upon the elective and representative plan, and to declare themselves free and independent— Therefore, be it Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That they behold, with friendly interest, the establishment of independent sovereignties by the Spanish provinces in America, consequent upon the actual state of the monarchy to which they belonged; that, as neighbors and inhabitants of the same hemisphere, the United States feel great solicitude for their welfare; and that, when those provinces shall have attained the condition of nations, by the just exercise of their rights, the Senate and House of Representatives will unite with the Executive in establishing with them, as sovereign and independent States, such amicable relations and commercial intercourse as may require their Legislative authority. HOUSE OF REPRESENTATIVES, Dec. 5, 1811. SIR: In behalf of the committee appointed to consider so much of the President's Message of the 5th of November as relates to the Spanish American prov inces, I beg leave to inquire whether it is known to our Government that any of those provinces have declared themselves independent, or that material changes have taken place in their political relations. It is not expected, however, that my request will be understood to extend to those communications which, in the opinion of the Executive, it would be improper to disclose. Be pleased, sir, to accept the assurances of my high consideration and respect. SAMUEL L. MITCHILL. Hon. JAMES MONROE. DEPARTMENT OF STATE, Dec. 9, 1811. SIR: I have the honor to transmit to you, in compliance with the request contained in your letter of the 5th instant, a copy of the declaration of independence made by the provinces of Venezuela. This act was communicated to this Government by order of the Congress, composed of deputies from those provinces, assembled at Caraccas. It is not ascertained that any other of the Spanish provinces have, as yet, entered into similar declarations; but it is known that most, if not all of them, on the continent, are in a revolutionary state. The progress made in that direction by some of them will best appear in the documents which have already been communicated to you. I have the honor to be, &c.. JAMES MONROE. Hon. SAMUEL L. MITCHILL, &c. The Secretary of State to Messrs. Armstrong and Bowdoin. DEPARTMENT OF STATE, March 13, 1806. GENTLEMEN: I have duly received from time to time your several letters, bearing dates the 3d July, the 10th and 15th August, the 10th September, the 3d and 25th October, and the 26th November. DECEMBER, 1811. Spanish American Colonies. H. of R. you to decide according to the probable course of his movements on the most expedient and expeditious mode of holding the necessary communications with his cabinet. Rather than risk a delay which may lose a favorable crisis, it may be even advisable to repair to his military quarters. This is a step, however, to which there may be so many objections, that it will require very strong considerations to recommend it. Previous to the arrival of Mr. Skipwith with your despatches of September 10, our affairs with Spain had undergone the particular consideration of the President, with a reference as well to the change in the state of things in Europe as to the approaching session of Congress; and it had been determined-1. That the manner in which the negotiations at Madrid had been closed by Spain forbade any application whatever to her for a renewal of them; 2. That the case should be presented to Congress, for such provisions as it might be thought to require on their part: 3. That, in the meantime, you should be charged to place before the French Government the necessity to which Spain, by refusing to concur in a diplomatic adjustment of her controversies with the United States, had reduced the latter, of seeking justice by those ulterior measures which the occa-sential to their interest, and to obtain East Florida, sion called for. It had also been determined by the President, with a view to enable the French Government, if it should be so disposed, to hasten by its mediating influence on Spain the change in her councils necessary to an amicable adjustment with the United States, and to bring Spain forward for the purpose, that you should be furnished with the terms which Spain might obtain from the United States. As soon as any authority at Paris shall be ready on the part of Spain, you will enter on the subject, and press it to a conclusion with as much celerity and decision as circumstances will justify. The terms stated as your guide require little explanation more than accompanies the several articles. The object with the United States is to secure West Florida, which is eswhich is important to them, procuring, at the same time, equitable indemnities from Spain for the injuries for which she is answerable, to all which the proposed exchange of territory and arrangement of the westerns boundary may be made subservient. The desire manifested by the House of Representatives in the resolution herewith enclosed, that such an exchange and arrangement may be found sufficient, without any price On the receipt of your communications by Mr. Skip-in money, will engage all your attention and exertions. with, the ideas disclosed by the French Government If the exchange stated in the resolution with the Sabine were considered as forming a sufficient basis for an an-river for our western boundary below the ridge, dividing tici pating provision by Congress, such as was made in reference to the convention of the 30th of April, 1803; and it was accordingly determined, in pursuance of that example, to await the meeting of Congress, and lay the subject before them. This was done; and the act and resolutions, of which copies are enclosed, were the result of their discussions; a result which has been delayed by the forms of proceeding, and some variances of opinion on the occasion, longer than might have been wished. I now enclose the outline and substance of a conven tional arrangement adapted to the views expressed by Congress, and such as the President authorizes you to conclude. You will lose no time in imparting it to the French Government in the manner you may deem most expedient; letting it know, at the same time, that no direct communication on the subject has been made to the Spanish Government; that after the reception given by Spain to the overtures made through an extraordinary mission to Madrid, followed by her military and menacing indications within and near the controverted territories, as explained in the annexed extracts, the United States, though ready to meet Spain in negotiation under the auspices of a common friend, do not consider it belonging to them to court a further negotiation in any form; that, consequently, the steps necessary on the part of Spain must be the result either of her own reflections, or of the prudent council which France may undertake to give her. The President leaves to your own management the expression of those sentiments, which, without any improper condescensions on the part of the United States, will best conciliate the French Government to our objects. The ascendency which it will have over that of Spain, if no change of circumstances intervene, and the preference of an amicable termination of our differences with Spain to an appeal to force, require that every honorable use should be made of the occasion which seems to offer itself. Should the Emperor still be absent, without authority in any hands at Paris to take measures in concert with you for instituting the business, it must remain with the waters running into the Mississippi from those running into the gulf westward of the mouth of that river can be obtained, the exchange will be satisfactory, especially if accompanied with a reasonable provision for the indemnities due from Spain to citizens of the United States. If the exchange can be obtained even without this last provision, or including the territory eastward of the Perdido, or any pecuniary payment for the territory westward thereof, it is not to be rejected; but in that case it will be extremely desirable to make the authorized establishment of an interval of territory, not to be settled for a given period, subservient to a provision for indemnities. In order to determine the price and the payments to Spain for the cession of territory, and to provide indemnities for the spoliations and other injuries for which Spain is responsible, you will add to the preceding articles others proper on those subjects. For the several modifications which will best comport with the convenience of our Treasury, and the sentiments of the Secretary of that Department, I refer to copies of a letter and paper from him, herewith enclosed, stating to you generally for your guide-1. That the sum to be made payable to Spain for her cession is not to exceed five millions of dollars; 2. That as little as possible, and in no event more than two millions, are to be paid prior to the delivery of possession or the ratification; 3. That as ample a provision as possible be made for indemnitics, either by constituting a board of commissioners for settling them, or by a sum in gross, sufficient to cover their probable amount, which is not less than four millions of dollars, and distributable by the United States to such claimants, and in such proportions, as may be decided upon under their authority. This last mode of providing for the object will be much the best, if the sum in gross be equal to the amount of claims likely to be allowed by a Board of Commissioners; 4. It is particularly desirable that, in defining the cases to be indemnified, the terms should be such as will embrace those where French subjects or citizens, as well as those where Spanish subjects were the wrong doers. If a sum in gross be stipulated, it may be expected that Spain will not object to a definition which will authorize the United States to apply it to both cases, especially if terms be chosen which will not expressly designate the contested French cases; 5. In defining the cases, it will be proper to have in view those of every description which exist-more particularly depredations on the high seas, and unjust or unlawful injuries within the Spanish jurisdiction, whether in Old Spain or her colonies; in a word, all injurious acts, either to the United States or to her citizens, for which the Spanish nation is responsible, according to the principles of justice, equity, treaty, or the law of nations. I have the honor to be, &c. JAMES MADISON. P. S. Particular care must be taken in case a con vention shall be made which does not provide for the spoliations, or for the portion of them, subsequent to the convention of August, 1802, to guard against an abandonment, either express or constructive, of the just claims of our citizens on that account. PROJECT OF A CONVENTION. J. M. DECEMBER, 1811. of the twelve years therein mentioned shall be expired, the same privileges as to trade and duties as are therein stipulated, and during the same space of time no other nation shall have a right to the same privileges in the ports of the hereby ceded territory. SEC. 5. In future, and forever after the expiration of the said term of twelve years, the vessels of Spain shall be treated upon the footing of the most favored nations in the ports of the hereby ceded territory, ART. 3.-The boundary between the territory of the United States on the western side of Mississippi, and the possessions of Spain, shall be the Colorado, (or the Gaudaloupe, if attainable,) from its mouth to its most northerly source; thence, a right line to the nearest high lands, enclosing all the waters running directly the said highlands as far as they border on the Spanor indirectly into the Mississippi or Missouri, and along ish dominions. Observations on Article 3.-Although it may not be amiss to urge the claim of the United States to the Rio Bravo, and to propose that for the boundary, it is not expected that one more westwardly than the boundary delineated in this article will be favored by France or admitted by Spain. The United States and His Catholic Majesty being desirous of terminating amicably all controversies now ART. 4-It is agreed that a space extending thirty subsisting between them, and of providing more effect-leagues on each side of the said boundary shall be kept ually for the maintenance of their future harmony, have by the parties respectively unsettled for the term of appointed, &c.: ARTICLE 1.-Spain, acknowledging and confirming to the United States West Florida, cedes to them forever the same and East Florida, with the islands and waters thereon respectively depending; or if unattainable in that form, Spain cedes and confirms forever to the United States East and West Florida, with the island waters thereon respectively depending. Observations on Article 1.-The object in these forms of expressing the cession, is, to date that of West Florida as far at least as to the Perdido, from the date of the cession of Louisiana by France, and thereby invalidate the intervening sales of land, which it is understood have taken place corruptly or unfairly, to a very great extent. If Spain should appear to acquiesce in a more explicit acknowledgment of our right under the French convention as far as the Perdido, it may be well to divide the territory eastward of the Mississippi by a reference to that river, instead of referring to it as divided into East and West Florida. ART 2.-Possession of the said territory shall be delivered to a person or persons authorized by the United days or less if practicable, after the exchange of the ratifications of this convention. With the said territory shall be delivered all public property, excepting ships and military stores, as also all public archives belonging to the same. States to receive the same, within SEC. 2. Within ninety days after delivering possession, or sooner, if possible, the Spanish troops shall evacuate the territory hereby ceded. SEC. 3. The inhabitants of the ceded territory shall be entitled to the same incorporation into the United States, and to the same protection in their religion, their liberties, and their property, as were stipulated to the inhabitants of the territory ceded to the United States by the treaty of the 30th of April, 1803, with the French Republic. SEC. 4. With the same motives in view which led to the seventh and eighth articles of the treaty above mentioned, it has been agreed between the contracting parties that the ships of France and Spain shall enjoy, in the ports of the hereby ceded territory, until the term years; or dary beginning with a river eastward of the Colorado, A space between the said boundary and some bounand westward of the Sabine; or, dary beginning with the Sabine, and running thence A space between the said boundary, and the bounfrom the source of the Sabine, a straight line, to the confluence of the rivers Osage and Missouri; and from the said confluence, a line running parallel with the Mississippi, to the latitude of its most northernmost source; and thence a meridian to the northern boundary of Louisiana, barrier interval are to be successively yielded according Ŏbservations on Article 4-These descriptions of a eastward of the Mississippi, or to abate in the sum of as Spain may be willing to cede therefor her territory money to be paid for East Florida, or to be liable in her engagements and provisions for indemnifying our citizens. It being impossible to foresee the various modifications and combinations which the subject may take left to your own judgment. It is to be understood in the course of negotiation, much must necessarily be that, in no event, the country eastward of the Sabine and the line from its source as above referred to, is to be included in the unsettled interval. contained in the project of 1804, as to the interval not ART. 5-[Here was inserted a copy of the provisions to be settled.] Mr. Armstrong to M. Yzquierdo. PARIS, Sept. 30, 1806. The undersigned having been informed by the American Chargé d'Affaires at Madrid, that a Minister had been appointed, on the part of His Catholic Majesty, to negotiate a settlement of the several points in controversy between the United States of America and His said Majesty: and having understood from His Majesty's Ambassador at this Court, that M. Yzquierdo was the Minister thus appointed, it becomes the duty of the undersigned to inform His Excellency that Plenipotentiaries commissioned by the President of the United States to fulfil, on his part, this important object, are Extract-The Secretary of State to Mr. Bowdoin. H. of R. that these provocations have not issued from, or may be disavowed and expiated by the British Government, it may also be found that the United States must take on themselves the reparation that is due to them. For his event it is necessary to be prepared, as well with a view to our finances as to other resources and arrangements. In this state of things, the President, taking into consideration the objections to an application of the public funds to objects not immediately connected with the public safety, instructs you to suspend the negotiations for the purchase of the Floridas, unless it shall be agreed by Spain that payment for them shall, in case of a rupture between Great Britain and the United States, be postponed till the end of one year after they shall have settled their differences; and that, in the meantime, no interest shall be paid on the debt. You will, of course, understand it to be inconsistent with this instruction either to draw on the Treasury, or to obtain a credit in Europe, for any part of the sum allotted for the purchase of the Floridas. Shall a bargain have been made for the Floridas, and payments stipulated, as contemplated by former instructions, you will press, in the most serious and emphatic manner, a re-modification of the terms which will adjust them to the instructions here given. Such a compliance may justly be expected in return for the advantages which Spain and her allies will derive in various respects from a contest between this country and their enemy. It may further be expected that, in consideration of these advantages to them, and of the general effect of war, or even a cessation of commerce with Great Britain, on the pecuniary faculties of the United States, the price demanded for the Floridas will be at least greatly reduced. To this consideration it may be added, that, whilst the pecuniary faculties of the United States will be so materially benumbed in the event of a rupture with Great Britain, those of Spain may be essentially aided, by the facility which that event will give to the command of her South Amer It is painful to find that the reserve and mystery which have so long enveloped our affairs with Spain still embarrass the efforts to bring them to a proper state. The protracted delay is certainly not a little hazardous to the peace of the two nations, which has thus far been preserved by the moderation of the United States, in spite of the folly of the other party. The conduct of Spain is not easily explained. Several causes have probably united in producing her obstinate repugnance to meet our reasonable overtures; perhaps the most powerful may have been a calculation that she would have, in any event, the support of one or the other of the two great rivals of Europe; and that her dexterity would be able to connect her with which-ican treasures through the United States. Finally, it ever of them should ultimately be ascendant. It would seem to be impossible, however, that the crisis can be much longer procrastinated. The obstructions which are thrown in the way of the trade through the Mobile, and even of the use of the river by the Government of the United States for public purposes, and kindling a flame which will not be very manageable. The last letter from Mr. Erving, which was of communicated the Spanish decree, co-operating with that of November 21st by the French Emperor, which is in terms giving equal latitude with its prototype for depredations on our commerce, and which, if so executed, will add fuel to the flame. Mr. Erving promised that his next letter would not only give explanations on that subject, but have something to say as to our affairs generally with the Spanish Government. is not unworthy of consideration, that the introduction. of hostile relations between the United States and Great Britain, may remove objections hitherto felt by the lat ter to enterprises against the Floridas, and lead to a military occupancy of them with views very adverse to the policy of Spain. Should Spain still obstinately persist in rejecting or retarding an arrangement concerning the Floridas, she must at least see the necessity of hastening a satisfactory one on other subjects, particularly in the case of the Mobile, for the free use of which, by the United States, orders ought to be sent without a moment's delay. The President leaves to your own discretion the use to be made of observations of this kind, and entertains an entire confidence that your management of the whole business will be such as will best comport with Extract-Mr. Madison, Secretary of State, to General the circumstances of the crisis, and conduce most to Armstrong and Mr. Bowdoin. DEPARTMENT OF STATE, July 15, 1807. the object entrusted to you. Armstrong. DEPARTMENT of State, The enclosed copy of a proclamation, by the Presi- Extract—Mr. Smith, Secretary of State, to General dent, will inform you of a late extraordinary hostility and insult committed by a British ship of war on a frigate of the United States, near the Capes of Virginia, and of the measures taken by the President in consequence of the outrage. The subsequent proceedings of the British squadron in our waters have borne a like stamp of hostility; and although it may be found From the enclosed report of the Secretary of the Treasury, you will perceive that the appropriation of the two millions of dollars for the purchase of Florida, having expired on the 31st December last, has been carried to the credit of the surplus fund. From this and other considerations, it is deemed expedient, at present, to suspend the negotiation in relation to that subject. Mr Foster to Mr. Monroe. WASHINGTON, July 2, 1811. SIR: The attention of His Majesty's Government has of late been called to the measures pursued by the United States for the military occupation of West Florida. The language held by the President at the opening of the late session of Congress, the hostile demonstrations made by the American forces under Captain Gaines, the actual summoning of the fort of Mobile, and the bill submitted to the approbation of the American Legislature for the interior administration of the province, are so many direct and positive proofs that the Government of America is prepared to subject the province of West Florida to the authority of the United States. The Spanish Minister in London, addressed a note, in the month of March last, to His Majesty's Secretary of State for Foreign Affairs, expressing, in sufficient detail, the feelings of the Government of Spain respecting this unprovoked aggression on the integrity of that monarchy. Mr. Morier, in his note to Mr. Smith of December 15, 1810, has already reminded the American Government of the intimate alliance subsisting between His Majesty and Spain, and he has desired such explanations on the subject as might convince His Majesty of the pacific disposition of the United States towards Spain. Mr. Smith, in his reply, has stated that it was evident that no hostile or unfriendly purpose was entertained by America towards Spain; and that the American Minister at His Majesty's Court had been enabled to make whatever explanations might comport with the frank and conciliatory spirit which had been invariably manifested on the part of the United States. Since the date of his correspondence, Mr. Pinkney has offered no explanation whatever of the motives which have actuated the conduct of the United States in this transaction; a bill has been introduced into Congress for the establishment, government, and protection, of the Territory of Mobile, and the fortress of that name has been summoned without effect. His Royal Highness the Prince Regent, in the name and on the behalf of His Majesty, is still willing to hope that the American Government has not been urged to this step by ambitious motives, or by a desire of foreign conquest and territorial aggrandizement. It would be satisfactory, however, to be enabled to ascertain that no consideration connected with the present state of Spain has induced America to despoil that monarchy of a valuable foreign colony. The Government of the United States contends that the right to the possession of a certain part of West Florida will not be less open to discussion in the occupation of America than under the Government of Spain. But the Government of the United States, under this pretext, cannot expect to avoid the reproach which must attend the ungenerous and unprovoked seizure of a foreign colony, while the parent State is engaged in a noble contest for independence, against a most unjustifiable and violent invasion of the rights both of the monarch and people of Spain. While I wait, therefore, for an explanation from you, DECEMBER, 1811. sir, as to the motives which led to this unjust aggression by the United States on the territories of His Majesty's ally, I must consider it as my duty to lose no time in fulfilling the orders of His Royal Highness the Prince Regent, by which I am commanded, in the event of its appearing on my arrival in this city that the United States still persevere, by menaces and actual demonstration, to claim the military occupation of West Florida, notwithstanding the remonstrances of His Majesty's Chargé des Affaires, and the manifest injustice of the act, to present to you the solemn protest of His Royal Highness in the name and on the behalf of His Majesty, against an attempt so contrary to every principle of public justice, faith, and national honor, and so injurious to the alliance subsisting between His Majesty and the Spanish nation. I have the honor to be, &c. . Mr. Monroe to Mr. Foster. DEPARTMENT OF STATE, July 8, 1811. SIR: I have had the honor to receive the note which you have presented by the order of His Royal Highness, the Prince Regent, to protest, in behalf of the Regency of Spain, against the possession lately taken by the United States of certain parts of West Florida. Although the President cannot admit the right of Great Britain to interfere in any question relating to that province, he is willing to explain, in a friendly manner, the considerations which induced the United States to take the step against which you have been ordered to protest. It is to be inferred, from your view of the subject, that the British Government has been taught to believe that the United States seized a moment of national embarrassment to wrest from Spain a province to which they had no right, and that they were prompted to it by their interest alone, and a knowledge that Spain could not defend it. Nothing, however, is more remote from the fact than the presumption on which your Government appears to have acted. Examples of so unworthy a conduct are unfortunately too frequent in the history of nations; but the United States have not followed them. The President had persuaded himself that the unequivocal proofs which the United States have given, in all their transactions with foreign Powers, and particularly with Spain, of an upright and liberal policy, would have shielded them from such unmerited a suspicion. He is satisfied that nothing is wanting but a correct knowledge of facts completely to dissipate it. I might bring to your view a long catalogue of injuries which the United States have received from Spain since the conclusion of their Revolutionary war, any one of which would most probably have been considered cause of war, and resented as such, by other Powers. I will mention two of these only; the spoliations that were committed on their commerce to a great amount in the last war, and the suppression of their deposite at New Orleans just before the commencement of the present war, in violation of a solemn treaty; for neither of which injuries has any reparation or atonement been made. For injuries like those of the first class, it is known to you that Great Britain and France made indemnity. The United States, however, do not rely on these injuries for a justification of their conduct in this transaction, although their claims |