SENATE.]

[DECEMBER, 1819.

MONDAY, December 6, 1819.

The first session of the Sixteenth Congress, conformably to the Constitution of the United States, commenced this day at the city of Washington, and the Senate assembled.

PRESENT.

DAVID L. MORRILL and JOHN F. PARROTT, from New Hampshire.

PRENTISS MELLEN and HARRISON GRAY OTIS, from Massachusetts.

JAMES BURRILL, jr., and WILLIAM HUNTER, from Rhode Island and Providence Plantations. ISAAC TICHENOR and WILLIAM A. PALMER, from Vermont.

SAMUEL W. DANA and JAMES LANMAN, from Connecticut.

NATHAN SANFORD, from New York. MAHLON DICKERSON and JAMES J. WILSON, from New Jersey.

JONATHAN ROBERTS and WALTER LOWRIE, from Pennsylvania.

OUTERBRIDGE HORSEY and NICHOLAS VAN DYKE, from Delaware.

JAMES BARBOUR, from Virginia.
NATHANIEL MACON, from North Carolina.
JOHN GAILLARD and WILLIAM SMITHI, from
South Carolina.

JOHN ELLIOTT, from Georgia.
WILLIAM LOGAN, from Kentucky.

BENJAMIN RUGGLES and WILLIAM A. TRIMBLE, from Ohio.

JAMES BROWN, from Louisiana.

JAMES NOBLE and WALLER TAYLOR, from Indiana.

WALTER LEAKE and THOMAS H. WILLIAMS, from Mississippi.

NINIAN EDWARDS and JESSE B. THOMAS, from Illinois.

JAMES BARBOUR, President pro tempore, resumed the Chair.

JAMES LANMAN, appointed a Senator by the Legislature of the State of Connecticut, for the term of six years, commencing on the fourth day of March last; NATHANIEL MACON, appointed a Senator by the Legislature of the State of North Carolina, for the term of six years, commencing on the fourth day of March last; JOHN HENRY EATON, appointed a Senator by the Legislature of the State of Tennessee, for the term of two years, in place of George W. Campbell, resigned; JOHN ELLIOTT, appointed a Senator by the Legislature of the State of Georgia, for the term of six years, commencing on the fourth day of March last; WILLIAM Â. TRIMBLE, appointed a Senator by the Legislature of the State of Ohio, for the term of six years, commencing on the fourth day of March last; JAMES BROWN, appointed a Senator by the Legislature of the State of Louisiana, for the

*LIST OF MEMBERS OF THE SENATE. New Hampshire.-David L. Morrill, John F. Parrott. Massachusetts.-Prentiss Mellen, Harrison Gray Otis. Connecticut.-Samuel W. Dana, James Lanman. Vermont.-Isaac Tichenor, William A. Palmer. Rhode Island.-James Burrill, jr., William Hunter. New York.-Nathan Sanford, Rufus King, Pennsylvania.-Jonathan Roberts, Walter Lowrie. New Jersey.-Mahlon Dickerson, James J. Wilson. Delaware.-Outerbridge Horsey, Nicholas Vandyke. Maryland.-Edward Lloyd, William Pinkney.

day of March last; and NINIAN EDWARDS, ap

Virginia. James Barbour, James Pleasants.
North Carolina.-Nathaniel Macon, Montfort Stokes.
South Carolina.-John Gaillard, William Smith.
Georgia.-John Elliott, Freeman Walker.
Kentucky.-William Logan, Richard M. Johnson.
Tennessee.-John H. Eaton, John Williams.
Ohio.-Benjamin Ruggles, William A. Trimble.
Louisiana. James Brown, Henry Johnson.
Alabama.-William Rufus King, John W. Walker.
Indiana. James Noble, Waller Taylor.
Mississippi.-Walter Leake, Thomas H. Williams
Illinois.-Ninian Edwards, Jesse B. Thomas.

SENATE.]

[DECEMBER, 1819.

of Spain, will appear, on a view of the following facts, and the evidence which supports them.

Anxious to prevent all future disagreement with Spain, by giving the most prompt effect to the treaty, which had been thus concluded, and, particularly, by the establishment of a government in Florida, which should preserve order there, the Minister of the United States, who had been recently appointed to His Catholic Majesty, and to whom the ratification, by his Government, had been committed, to be exchanged for that of Spain, was instructed to transmit the latter to the Department of State, as soon as obtained, by a public ship, subjected to his order for the purpose. Unexpected delay occurring in the ratification, by Spain, he requested to be informed of the cause. It was stated, in reply, that the great importance of the subject, and a desire to obtain explanations on certain points, which were not specified, had produced the delay, and that an Envoy would be despatched to the United States to obtain such explanations of this Government. The Minister of the United States offered to give full explanations on any point on which it might be desired; which proposal was declined. Having communicated this result to the Department of State, in August last, he was instructed, notwithstanding the disappointment and surprise which it produced, to inform the Government of Spain, that, if the treaty should be ratified, and transmitted here, at any time before the meeting of Congress, it would be received, and have the same effect as if it had been ratified in due time. This order was executed; the authorized communication was made to the Government of Spain, and by its answer, which has just been received, we are officially made acquainted, for the first time, with the causes which have prevented the ratification of the treaty, by His Catholic Majesty. It is alleged by the Minister of Spain, that this Government had attempted to alter one of the principal articles of the treaty, by a declaration, which the Minister of the United States had been ordered to present when he should deliver the ratification by his Government, in exchange for that of Spain, and of which he gave notice, explanatory of the sense in which that article was understood. It is further alleged that this Government had recently tolerated or protected an expedition from the United States, against the province of Texas. These two imputed acts are stated as the reasons which have induced His Catholic Majesty to withhold his ratification from the treaty, to obtain explanations, respecting which, it is repeated, that an Envoy would be forthwith despatched to the United States. How far these al

It will be seen, by the documents transmitted herewith, that the declaration mentioned relates to a clause in the eighth article, concerning certain grants of land, recently made by His Catholic Majesty in Florida, which, it was understood, had conveyed all the lands, which, till then, had been ungranted. It was the intention of the parties to annul these latter grants, and that clause was drawn for that express purpose, and for none other. The date of these grants was unknown, but it was understood to be posterior to that inserted in the article. Indeed, it must be obvious to all, that, if that provision in the treaty had not the effect of annulling these grants, it would be altogether nugatory. Immediately after the treaty was concluded and ratified by this Government, an intimation was received that these grants were of anterior date to that fixed on by the treaty, and that they would not, of course, be affected by it. The mere possibility of such a case, so inconsistent with the intention of the parties, and the meaning of the article, induced this Government to demand an explanation on the subject, which was immediately granted, and which corresponds with this statement. With respect to the other act alleged, that this Government had tolerated or protected an expedition against Texas, it is utterly without foundation. Every discountenance has invariably been given to any such attempt from within the limits of the United States, as is fully evinced by the acts of the Government, and the proceedings of the courts. There being cause, however, to apprehend, in the course of the last Summer, that some adventurers entertained views of the kind suggested, the attention of the constituted authorities in that quarter was immediately drawn to them, and it is known that the project, whatever it might be, has utterly failed.

These facts will, it is presumed, satisfy every impartial mind that the Government of Spain had no justifiable cause for declining to ratify the treaty. A treaty concluded in conformity with instructions, is obligatory, in good faith, in all its stipulations, according to the true intent and meaning of the parties. Each party is bound to ratify it. If either could set it aside, without the consent of the other, there would be no longer any rules applicable to such transactions between nations. By this proceeding, the Government of Spain has rendered to the United States a new and very serious injury. It has been stated that a Minister would be sent, to ask certain explanations of this Government. But if such were desired, why were they not asked within the time limited for the ratification? Is it contemplated to open a new negotiation respecting any of the articles or conditions of the treaty? If that were done, to what consequences might it not lead? At what time, and in what manner, would a new negotiation terminate? By this proceeding, Spain has formed a relation between the two countries which will justify any measures on the part of the United States, which a strong sense of injury, and a proper regard for the rights and interests of the nation may dictate. In the course to be pursued, these objects should be constantly held in view, and have their due weight. Our national honor must be maintained, and a new and a distinguished proof be afforded of that regard for justice and moderation which has invariably governed the councils of this free peo

ple. It must be obvious to all, that, if the United States had been desirous of making conquests, or had been even willing to aggrandize themselves in that way, they could have had no inducement to form this treaty. They would have much cause for gratulation at the course which has been pursued by Spain. An ample field for ambition is opened before them. But such a career is not consistent with the principles of their Government, nor the interests of the nation.

From a full view of all circumstances, it is submitted to the consideration of Congress, whether it will not be proper for the United States to carry the conditions of the treaty into effect, in the same manner as if it had been ratified by Spain; claiming, on their part, all its advantages, and yielding to Spain those secured to her. By pursuing this course we shall rest on the sacred ground of right, sanctioned, in the most solemn manner, by Spain herself, by a treaty which she was bound to ratify, for refusing to do which she must incur the censure of other nations, even those most friendly to her; while, by confining ourselves within that limit, we cannot fail to obtain their well merited-approbation. We must have peace on a frontier where we have been so long disturbed; our citizens must be indemnified for losses so long since sustained, and from which indemnity has been so unjustly withheld from them. Accomplishing these great objects, we obtain all that is desirable.

But His Catholic Majesty has twice declared his determination to send a Minister to the United States to ask explanations on certain points, and to give them respecting his delay to ratify the treaty. Shall we act, by taking the ceded territory, and proceeding to execute the other conditions of the treaty, before this Minister arrives and is heard? This is a case which forms a strong appeal to the candor, the magnanimity, and the honor of this people. Much is due to courtesy between nations. By a short delay we shall lose nothing; for, resting on the ground of immutable truth and justice, we cannot be diverted from our purpose. It ought to be presumed that the explanations which may be given to the Minister of Spain will be satisfactory, and produce the desired result. In any event, the delay, for the purpose mentioned, being a further manifestation of the sincere desire to terminate in the most friendly manner all differences with Spain, cannot fail to be duly appreciated by His Catholic Majesty, as well as by other powers. It is submitted, therefore, whether it will not be proper to make the law proposed for carrying the conditions of the treaty into effect, should it be adopted, contingent; to suspend its operation upon the responsibility of the Executive, in such manner as to afford an opportunity for such friendly explanations as may be desired during the present session of Congress.

I communicate to Congress a copy of the treaty, and of the instructions to the Minister of the United States at Madrid respecting it; of his correspondence with the Minister of Spain, and of such other documents as may be necessary to give a full view of the subject.

In the course which the Spanish Government have, on this occasion, thought proper to pursue, it is satisfactory to know that they have not been countenanced by any other European power. On the contrary, the opinion and wishes, both of France and Great Britain, have not been withheld, either from

[SENATE.

the United States or from Spain; and have been unequivocal in favor of the ratification. There is also reason to believe that the sentiments of the imperial Government of Russia have been the same, and that they have also been made known to the Cabinet of Madrid.

In the civil war existing between Spain and the Spanish provinces in this hemisphere, the greatest care has been taken to enforce the laws intended to preserve an impartial neutrality. Our ports have continued to be equally open to both parties, and on the same conditions; and our citizens have been equally restrained from interfering in favor of either to the prejudice of the other. The progress of the war, however, has operated manifestly in favor of the colonies. Buenos Ayres still maintains unshaken the independence which it declared in 1816, and has enjoyed since 1810. Like success has also lately attended Chili, and the provinces north of the La Plata, bordering on it, and likewise Venezuela.

This contest has, from its commencement, been very interesting to other powers, and to none more so than to the United States. A virtuous people may, and will, confine themselves within the limit of strict neutrality; but it is not in their power to behold a conflict so vitally important to their neighbors, without the sensibility and sympathy which naturally belong to such a case. It has been the steady purpose of this Government to prevent that feeling leading to excess, and it is very gratifying to have it in my power to state that, so strong has been the sense throughout the whole community, of what was due to the character and obligations of the nation, that very few examples of a contrary kind have occurred.

The distance of the colonies from the parent country, and the great extent of their population and resources, gave them advantages which it was anticipated at a very early period it would be difficult for Spain to surmount. The steadiness, consistency, and success, with which they have pursued their object, as evinced more particularly by the undisturbed sovereignty which Buenos Ayres has so long enjoyed, evidently give them a strong claim to the favorable consideration of other nations. These sentiments, on the part of the United States, have not been withheld from other powers, with whom it is desirable to act in concert. Should it become manifest to the world that the efforts of Spain to subdue these provinces will be fruitless, it may be presumed that the Spanish Government itself will give up the contest. In producing such a determination, it cannot be doubted that the opinion of friendly powers, who have taken no part in the controversy, will have their merited influence.

It is of the highest importance to our national character, and indispensable to the morality of our citizens, that all violations of our neutrality should be prevented. No door should be left open for the evasion of our laws; no opportunity afforded to any who may be disposed to take advantage of it, to compromit the interest or the honor of the nation. It is submitted, therefore, to the consideration of Congress, whether it may not be advisable to revise the laws; with a view to this desirable result.

It is submitted, also, whether it may not be proper to designate, by law, the several ports or places along the coast, at which, only, foreign ships of war and privateers may be admitted. The difficulty of sustaining the regulations of our commerce, and of

SENATE.]

[DECEMBER, 1819.

measure.

At the time of the negotiation for the renewal of the commercial convention between the United States and Great Britain, a hope had been entertained that an article might have been agreed upon, mutually satisfactory to both countries, regulating, upon principles of justice and reciprocity, the commercial intercourse between the United States and the British possessions, as well in the West Indies, as upon the continent of North America. The Plenipotentiaries of the two Governments not having been able to come to an agreement on this important interest, those of the United States reserved for the consideration of this Government the proposals which had been presented to them, as the ultimate offer on the part of the British Government, and which they were not authorized to accept. On their transmission here, they were examined with due deliberation, the result of which was a new effort to meet the views of the British Government. The Minister of the United States was instructed to make a further proposal, which has not been accepted. It was, however, declined in an amicable manner. I recommend to the consideration of Congress, whether further prohibitory provisions in the laws relating to this intercourse may not be expedient. It is seen, with interest, that, although it has not been practicable, as yet, to agree in any arrangement of this important branch of their commerce, such is the disposition of the parties, that each will view any regulations which the other may make respecting it, in the most friendly light.

By the 5th article of the convention, concluded on the 20th of October, 1818, it was stipulated that the difference which has arisen between the two Governments, with regard to the true intent and meaning of the 5th article of the Treaty of Ghent, in relation to the carrying away, by British officers, of slaves from the United States, after the exchange of the ratifications of the Treaty of Peace, should be referred to the decision of some friendly Sovereign or State, to be named for that purpose. The Minister of the United States has been instructed to name to the British Government a foreign Sovereign, the common friend to both parties, for the decision of this question. The answer of that Government to the proposal, when received, will indicate the further measures to be pursued on the part of the United States.

Although the pecuniary embarrassinents which affected various parts of the Union, during the latter part of the preceding year, have, during the present, been considerably augmented, and still continue to exist, the receipts into the Treasury, to the 30th of September last, have amounted to $19,000,000. After defraying the current expenses of the Government, including the interest and reimbursement of the public debt, payable to that period, amounting to $18,200,000, there remained to the Treasury, on that day, more than $2,500,000, which, with the sums receivable during the remainder of the year, will exceed the current demands upon the Treasury for the same period.

For the probable receipts of the next year, I refer you to the statements which will be transmitted from the Treasury, which will enable you to judge whether further provision be necessary.

The great reduction in the price of the principal articles of domestic growth, which has occurred during the present year, and the consequent fall in the price of labor, apparently so favorable to the success of domestic manufactures, have not shielded them against other causes adverse to their prosperity. The pecuniary embarrassments which have so deeply affected the commercial interests of the nation, have been no less adverse to our manufacturing_establishments in several sections of the Union. The great reduction of the currency, which the banks have been constrained to make, in order to continue specie payments, and the vitiated character of it where such reductions have not been attempted, instead of placing within the reach of these establishments the pecuniary aid necessary to avail themselves of the advantages resulting from the reduction in the prices of the raw materials, and of labor, have compelled the banks to withdraw from them a portion of the capital heretofore advanced to them. That aid, which has been refused by the banks, has not been obtained from other sources, owing to the loss of individual confidence, from the frequent failures which have recently occurred in some of our principal commercial cities,

An additional cause for the depression of these establishments may probably be found in the pecuniary embarrassments which have recently affected those countries with which our commerce has been principally prosecuted.

Their manufactures, for the want of a ready or profitable market at home, have been shipped by the manufacturers to the United States, and, in many instances, sold at a price below their current value at the place of manufacture. Although this practice may, from its nature, be considered temporary or contingent, it is not on that account less injurious in its effects. Uniformity in the demand and price of an article is highly desirable to the domestic manufacturer.

It is deemed of great importane to give encouragement to our domestic manufactures. In what manner the evils which have been adverted to may be remedied, and how far it may be practicable, in other respects, to afford to them further encouragement, paying due regard to the other great interests of the nation, is submitted to the wisdom of Congress.

The survey of the coast, for the establishment of fortifications, is now nearly completed, and considerable progress has been made in the collection of materials for the construction of fortifications in the Gulf of Mexico and in the Chesapeake Bay. The works on the Eastern bank of the Potomac, below Alexandria, and on the Pea Patch in the Delaware, are much advanced, and it is expected that the fortifications at the Narrows, in the harbor of New York, will be completed the present year. To derive all the advantages contemplated from these fortifications, it was necessary that they should be judicious

posted, and constructed with a view to permanence. The progress, hitherto, has therefore been slow; but, as the difficulties, in parts heretofore the least explored and known, are surmounted, it will in future