he may be, is authorized to prolong the time already completed, which will be done prudently; according to the distances, in order to obtain the new letters. Foreigners may apply to the General Government for their renewal, through the agents of their nation, or the civil authority, who will transmit to the Secretary of State the petitions of the latter class, through the governors of the states, districts, or territories.

Art. 16. The collector of the customs, in every port, will keep an exact register, in which shall be entered the permits to land which have been granted under the authority conferred in the 4th article; and a copy of this register shall be transmitted, monthly, to the Secretary of State. He will likewise transmit, by the following mail, the arrival of every vessel, the original declarations of the master or commander, and those of the passengers treated of in articles 1 and 2.

Art. 17. The governors of the states, the federal district, and the political chiefs of the territories, will transmit to the General Government monthly statements of the foreigners who arrive within the limits of their command, in conformity with the circular of the 12th of March, 1827, taking care to observe the form, and to avail themselves of the opportunity of transmission; and, in order to secure those objects, care must be taken that the subaltern authorities forward them the proper notices.

Art. 18. In order to depart from the territory of the republic, foreigners may apply for the necessary passport either to the General Government, or to the governor of a state in which they may be at the time, who is empowered to issue them. In case of petitioning the General Government, they will make it in the same way as is indicated for obtaining letters of safety in article 9.

Art. 19. Mexicans about leaving the republic will solicit a passport, either of the General Government or of the state where they reside; but, in either case, they will declare before the civil authority of the port where they arrive not to have been voluntarily, in the course of their voyage, at an enemy's port. In consideration of distances, the political chiefs of New Mexico and the two Californias are empowered to grant the passports treated of in this and in the 18th article. Report must be made to the General Government of the passports issued in virtue of this and the preceding article.

Art. 20. The introduction of foreigners by land, proceeding from countries bordering on the United Mexican States, shall be regulated in their cases by what is ordained in the present decree. The execution of articles 3 and 4, assigned to the collectors of the ports, will be confided by the governors of the states to the civil authority of the first frontier town, in case there is no established custom-house. With passports issued and countersigned by said civil authority, foreigners may proceed as far as the capital of the state or territory they have entered from whence, if their object is to remain in the republic, they will solicit the letters of safety spoken of in article 9, which shall be executed in all its parts. The original declarations treated of in article 2, shall be transmitted by the civil authority to the Secretary of State, through the Government of the respective state or territory.

Art. 21. All gubernatorial orders and regulations of an anterior date, dictated relative to passports, are hereby repealed. The exact execution of this decree is confided to the known zeal of the governors of states, the district, and territories, and to the authorities of the confederation.

Art. 22. It is recommended to all the public functionaries to treat foreigners with moderation and kindness, as well as the prompt despatch of all business which has relation to passports. And in order that the provisions of the present decree may be most perfectly fulfilled, I command that it be printed, published, and promulgated to whomsoever it apper

tains.

Given in the Federal palace of Mexico, May 1st, 1828.

A DON JUAN DE CAÑEDO.

GUADALUPE VICTORIA.

- I communicate it to your excellency for your information, and the effect proposed.

God and Liberty. Mexico, May 1st, 1828.

No. 126.

CANEDO.

Mr. Poinsett to Mr. Clay.

MEXICO, May 20, 1828.

SIR: I have the honor to transmit herewith copies marked A, B, C, of my correspondence with Commodore Ridgely and the Secretary of Foreign Relations of this Government, upon the subject of Captain Porter's notices, published in the Vera Cruz Gazette.

Very respectfully, your obedient servant,

Hon. HENRY CLAY,

Secretary of State, Washington.

J. R. POINSETT.

A.

PENSACOLA, April 13, 1828.

SIR: I take leave to call your attention to two proclamations issued on the 16th November last, from on board the frigate Libertad, lying in Vera Cruz, and signed "David Porter."

The very extraordinary tenor of these proclamations: the very serious injury that may arise from them to our commerce, if adopted; the very delicate situation I find myself placed in as the commander-in-chief of the naval forces of the United States in the West Indies and Gulf of Mexico; and particularly desirous not to interrupt the harmony that so happily subists betwixt the republics of the United States and Mexico, and my determination to extend a most rigorous protection to our commerce, and guard our citizens against any evils that may accrue from measures if adopted in pursuance of the above-named proclamations, induce me to make this communication to you, as minister of the United States near the Government of Mexico, and to ask of you your views on this subject, in the most ample manner, that I may be assisted by them in the future government of my squadron.

Captain Turner, of the United States sloop of war Erie, who will take this letter in charge, has orders, immediately on his arrival either at Vera

Cruz or Tampico, to forward it to you; and, as I intend sailing in the United States ship Natchez, accompanied by the Shark, in eight or ten days from this date, also for the above ports, I will be much pleased if you will give this communication your earliest attention.

If you can procure them, a few original blank commissions, such as are issued to the private-armed vessels of Mexico, would be very desirable. With considerations of very high regard,

I have the honor to be, yours, &c.,

To His Excellency J. R. POINSETT,

CH. G. RIDGELY.

Minister of the U. States near the Government of Mexico.

B.

MEXICO, May 12, 1828.

SIR: I have the honor to acknowledge the receipt of your despatch dated the 13th of April last, in which you ask my views on the subject of the proclamations published in Vera Cruz on the 26th of November, 1827, by Captain David Porter. My attention was early directed to this unwarrantable assertion of a belligerant right, which the United States always have resisted, and which, in my opinion, they ought never to recognise. But as the negotiations for a treaty of amity, navigation, and commerce between the two countries were pending, wherein the converse principle, namely, that a neutral flag shall cover enemy's property, is established, I refrained from addressing this Government upon the subject.

That treaty has been since concluded, and signed by the plenipotentiaries of the respective countries, and wants only the ratification of their Governments to become a paramount law.

The exercise of the right of search on the high seas has always proved the most fruitful source of dissensions between nations; and if it cannot be dispensed with altogether, it ought to be confined strictly to contraband of war, and ought to be exercised by officers whose character and station would restrain them from committing unnecessary wrong. But Captain Porter's proclamation, declaring that pursuant to the disposi tion of this Supreme Government, and in conformity with the ordinances. and laws which govern the matter, every vessel on board of which may be found effects belonging to the enemy shall be conducted to the port of Vera Cruz for condemnation or acquittal, (trial,) is preceded by a notice inviting all persons who are disposed to fit out privateers to cruise against the enemies of Mexico, to apply to him for commissions, with which he has been furnished by this Supreme Government; thus putting into the hands of the worst class of people the power of stopping and searching vessels belonging to the citizens of the United States, and of sending them in for trial by courts very imperfectly organized.

Taken together, these two notices would, if permitted to be carried into operation, form a system of vexation and injury to the fair commerce of the United States, insufferable, and calculated to destroy in a very short time the harmony and good understanding which now so happily exists between the two countries. I believe these friendly relations are

more likely to be preserved by a discreet use of the means you have in your power to prevent the orders issued by Captain Porter from being carried into effect, than if they were to be acquiesced in by us. Independently, however, of this consideration, it is your duty to protect the commerce of the United States from all unlawful aggressions; and I deem the order issued by Captain Porter, to capture any neutral vessel having on board effects belonging to the enemies of Mexico, to be contrary to public law.

This order is said to be issued in conformity with the Spanish ordinances and laws which govern in the matter; but if the laws of Spain still govern such matters in Mexico, this country by the same rule is restrained from carrying this principle into operation against the United States, by existing treaties between our Government and his Catholic Majesty.

Should it be necessary, I shall address a note to this Government upon this subject, and cannot doubt that they will suspend the execution of this order, as regards the vessels of the United States, until the ratifications of the treaty of amity, navigation, and commerce, shall be exchanged at Washington, which will forever set at rest a question fraught with so much danger to the peace of nations.

From the friendly feelings cherished by every officer and citizen of the United States, towards the new republics of America, and especially from your well-known prudence and moderation, I feel confident that you will exercise the high and important duties which your station in these seas imposes upon you, in a manner not to interrupt the harmony and good feeling which now subsists between the two countries, and which our Government so sincerely and earnestly desires to preserve. Agreeably to your request, I send you herewith six blank commissions, being such as are issued by this Government to the private armed vessels of the Mexican republic.

With great respect, I have the honor to be, sir, your most obedient J. R. POINSETT.

servant,

To Captain CHARLES G. RIDGELY,

Commander-in-chief of the naval forces of the United States

in the West Indies and Gulf of Mexico.

C.

LEGATION OF THE UNITED STATES OF AMERICA,

Mexico, May 14, 1828.

MOST EXCELLENT SIR: I have the honor to transmit a copy of a note addressed by me to the commander-in-chief of the naval forces of the United States in the Gulf of Mexico.

The subject of this note is of deep importance to the peace and harmony which now so happily exists between the two countries, and which our respective Governments are so desirous to maintain.

The notice issued by Commodore Porter, that vessels having on board effects belonging to the enemies of Mexico shall be brought into the port of Vera Cruz, for condemnation or acquittal, carries the obnoxious doc

trine that the flag does not cover the property further than it has ever been contended for by any nation; for the proclamation is so worded as to lead to the conclusion that the vessel itself is to be tried. I presume, however, that this is an error in the wording.

This order is said to be founded upon the ordinances and laws of Spain, which govern in the matter, and which are declared by the laws of Mexico to be in force when not repugnant to the constitution of these Mexicn United States.

On this principle I claim for the vessels of the United States an exemption from the application of the principle involved in these Spanish laws and ordinances.

By the 15th article of the treaty between the United States of America and his Catholic Majesty, signed on the day of October, 1795, at San Lorenzo, it is agreed between the high contracting parties, that the flag of the neutral shall cover enemy's property in the high seas.

This treaty is paramount to all the laws and ordinances of Spain, and, according to the rule adopted by this Government, must govern in this

matter.

I abstain from bringing to your excellency's notice the vexations which would arise from the execution of Captain Porter's orders. It is unnecessary, because this Government, convinced of the policy and advantage of the liberal, peaceful, and humane rule, that neutral vessels shall cover enemy's property, has adopted it in the treaty concluded and signed by the plenipotentiaries of the respective Governments at Mexico, in February last. But as some time must elapse before the ratifications of that treaty can be exchanged at Washington, I have thought it proper to bring the subject to your excellency's notice, and to request that the stipulations of the treaty of San Lorenzo el Real, as contained in the 15th article, may be observed by the Mexican Government.

I beg your excellency to accept the assurances of my profound respect. J. R. POINSETT.

To H. E. Don JUAN DE DIOS CAÑEDO,

Secretary of State and of Interior and Exterior Relations
of the Republic of Mexico.

No. 127.

Mr. Poinsett to Mr. Clay.

[Extract.]

MEXICO, May 21, 1828.

SIR: The Mexican Congress adjourned to-day, and, I regret to say, without having ratified the treaty of amity, commerce, and navigation. The House of Representatives rejected two articles-the one for the restoration of fugitive slaves, and the other providing for the maintenance of peace between the Indians of our respective territories.

The first was rejected on philanthropic principles altogether. Such are most likely to influence the young legislators of a young nation. With the other question many considerations were urged; among them the fear of our armed population. The fact, however, is, that at this moment the public mind is violently excited by the publication of a