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perhaps irreparable; but, in communicating the facts and the correspondence to the Spanish Government, without any specific or formal demand of reparation, you will avoid any form of statement which might foreclose any such demand, which, upon further and more special information, may hereafter be found necessary or proper.

I am, with much respect, sir, your very humble and ob'dt serv't, JOHN QUINCY ADAMS.

JOHN FORSYTH,

Minister Plenipotentiary U. S. to Spain.

(No. 4.)

Mr. Adams to Mr. Forsyth.--No. 20.

DEPARTMENT OF STATE,

Washington, June 20, 1821.

SIR: In a despatch received from Mr. Brent, at Madrid, dated the 23d of March last, it is observed, that, as, by the 20th article of the decree of the Spanish Cortes, of 6th Oct. last, the same tonnage duty and other charges, are to be exacted from American vessels in the ports of Spain, as are paid by Spanish vessels, in those of the United States, he suggests the propriety of transmitting a note of the charges upon Spanish vessels here, that it may be officially communicated to that Government.

The duties paid by Spanish vessels, in the ports of the United States, are 50 cents a ton, for tonnage, and the same sum for light money. They pay none others, to which vessels of the United States are not equally subjected; but an advance of ten per cent. on the amount of duties levied upon articles, the produce or manufacture of Spain, imported from Spain, in vessels of the United States, is paid when they are imported in Spanish vessels.

By an act of Congress of 3d March, 1815, since limited in its operation to the first day of January, 1824, all these discriminating duties are, repealed, the repeal to take effect in favor of any foreign nation, whenever the President shall be satisfied that the countervailing, or discriminating duties of such foreign nation, so far as they operate to the disadvantage of the United States, have been abolished.

Upon this act, if the 20th article of the decree of the Cortes of 6th October last, had stood alone, the President would have issued his Proclamation, declaring the repeal to have taken effect from that date, in favor of the vessels and produce, or manufactures of Spain.

But, from your despatch, of 22d November, last, it appears that the duties, payable on goods imported into Spain; in foreign vessels, are regulated by the decree of 6th November, 1820, refering to a former regulation, by which they pay one third, or 333 per cent. more than

in Spanish vessels-a discriminating duty, more than three times heavier than ours, and under which the act of Congress, of 3d March, 1815, cannot take effect.

The act of 3d March, 1815, being an offer made to all commercial and navigating nations, is a manifestation of the liberal spirit of Congress, which, it is hoped, when understood, the Cortes will duly appreciate. You will take a proper occasion of suggesting to the Spanish Government, that, in the operation of their two decrees, upon their Commercial relations with us, there is an inconsistency of principle between the 20th article of the decree, of the 6th October, and the 5th article of that of 6th November; since, while the former places the direct duty upon shipping on the fair and equitable principle of perfect reciprocity, the latter lays a heavy indirect charge upon all foreign shipping, which totally destroys the balance, so accurately poised in the other. You will add, that, if the Cortes will extend the principle of reciprocity to the indirect charge of upon the merchandise, the produce or manufacture of the two countries, respectively, the President will readily issue his Proclamation, conformably to the act of 3d March, 1815, and thenceforwards, Spanish vessels and Spanish produce, or manufactures imported in them, will pay no more than the vessels of the United States, on the same article imported in them.

Mr. Brent has, during your absence, urged the admission of Consuls of the United States in the ultra marine Ports of Spain, without obtaining a definitive answer. You will resume the subject immediately after your return. There appears to be no doubt that a Russian Consul has been formally recognized at Manilla. At the Havana, our intercourse has become so great, that the agency of a consul is as necessary to the convenience of the Colonial Government, as to our citizens. Numbers of seamen frequent that port, who, in illness or distress, will become burdensome to the local Government itself, unless provided for by an acknowledged agent of our own.

In general, I beg leave to recommend to your particular attention our Commercial relations, both with Spain and all her possessions. The effect of the recent changes, by the Cortes, will come more immediately under your observation, than ours, and you will lose no opportunity which may present itself, of removing any obstructions, or of promoting any facility or advantages to our commerce.

You will not fail to avail yourself of any opportunity, which may be accessible, to obtain copies of records which may throw light on the titles to possessions in the newly ceded territories, and particularly, which may tend to screen the public from the imposture of false, illegal, or forfeited concessions. You are authorized to employ Mr. Rich, in this service, if you think it expedient, and to charge in your accounts any reasonable expense which it may occasion. I am, with much irespect, sir,

JOHN FORSYTH,

Your very ob't servant JOHN QUINCY ADAMS.

Minister Plenipotentiary United States to Spain.

(No. 5.)

Mr. Daniel Brent to Mr. Forsyth.

WASHINGTON, 25th September, 1821.

SIR: I received a letter from Mr. Adams, at Boston, a few days ago, directing me to forward to you the copy enclosed, of one which he has written to General Vives, upon the subject of the cannon attached to the fortifications in the Floridas, and the provisions furnished for the transportation of the Spanish garrisons, &c. to the Havana. I am sorry that I cannot send, at the same time, a copy of the letter of General Vives, to which this is a reply; that letter being in the hands of Mr. Adams, who is still at Boston.

You will find in the public prints, which accompany this, the statement of a very unpleasant occurrence at Pensacola, in the arrest and imprisonment of the Ex Governor, Callava, by the order of Governor Jackson, for refusing to deliver up some papers, supposed to be interesting to individuals, at Pensacola, and which were regularly demanded of him, at the instance, and upon the representation of the Alcalde of the court, Brackenridge. Governor Jackson, himself, has furnished this Department with a full and particular account of the transaction, in which he states the motives and the grounds of his proceeding in it, and of that which grew out of it in relation to Judge Fromentin, which is not materially different from that taken from the Floridian, except in the exposition of the motives and grounds of his conduct. The Secretary, upon his return to this place, will, probably, have occasion to give you special instructions on this subject; and you will, then, I presume, be furnished with the copies of all the papers connected with it.

I have the honor to be, very respectfully,

Sir, your obedient and humble servant,
DANIEL BRENT.

JOHN FORSYTH,

Minister Plenipotentiary U. S. Madrid.

(No. 6.)

Mr. Adams to Mr. Forsyth-No. 21.

DEPARTMENT OF STATE,

Washington, 9th March, 1822.

SIR: Your despatches, from No. 26, to No. 31, inclusive, with their enclosures, have been received.

I have now barely time to enclose, with this letter, the communications made by the President to Congress, during their present session, relating to our affairs with Spain. The Message yesterday sent in, and which you will find in the National Intelligencer of this morning, may, perhaps, excite the attention of the Spanish Government; and

should any manifestation of it be made to you, its purport will enable you to give every necessary explanation concerning it; and, particularly, that it resulted from a disposition in no wise unfriendly to Spain.

With this letter you will, also, receive a letter from the President to His Catholic Majesty, on the recall of General Vives, which you are requested to present in the usual form.

JOHN FORSYTH,

I am, with much respect, sir,

Your very humble, and obedient serv't.
JOHN QUINCY ADAMS.

Minister Plenipotentiary U. S. Madrid.

(No. 7.)

Extract of a letter, No. 38, from Mr. Forsyth to the Secretary of State, dated

MADRID, May 2d, 1822.

"The President's message to Congress, of the 8th of March, carried to Liverpool by the March packet from New York, was brought to this government by a special messenger from Mr. Onis. The message was published in the French and English papers that arrived here on Monday week. On the afternoon of that day, I had a casual conversation with Don F. M. de la Rosa. I asked him, if he knew such a message had been sent to Congress; he replied, that he had seen it in the French papers of that morning. From his mode of expressing these few words, and his suddenly shifting the conversation to an indifferent subject, I saw that this event was not expected by the ministers here, and has created great sensibility."

"You will find in the Madrid Gazette of the 29th ultimo, herewith enclosed, a circular of the Minister of War on the subject of the Spanish officers who have left the ultramarine army, to return to this Peninsula. It is interesting, as, joined to other circumstances, it tends to shew the determination of this government to continue the war with some, at least, of their former provinces.'

(No. 8.)

99

Extract of a letter, No. 39, from Mr. Forsyth to the Secretary of State, dated

MADRID, May 20, 1822.

"The King and royal family went down to Aranjuez, shortly after the meeting of the Cortes; the diplomatic body made the ordinary complimentary visit on the Queen's day, and it was understood among us, that we were to pay no more visits until the anniversary of the King's entrance into Madrid, on his return from France, on the 13th of this month, and St. Ferdinand's day, the 30th. Notes

were written by the Secretary of State, on the 4th of April, inviting us to be present at the time of the delivery of the wife of Don Carlos; (a copy of that to me is enclosed, No. 1.) I had determined not to go; but a second note, on the 30th, (copy, No. 2.) and the knowledge that all the other ministers had gone down to Aranjuez, induced me to change this determination, being unwilling, especially at this juncture, to give any room for complaint, from a failure to comply with the customs of the court. I went to Aranjuez on the 5th instant. On the 7th, I received a note, (copy marked No. 3,) to attend at the expected delivery of Don Francisco's wife. The wife of Don Francisco gave birth, on the 18th instant, to a prince. Although I had been so long at Aranjuez, I received no notice to attend, when the event took place. Under ordinary circumstances, I should have taken it for granted that the omission was accidental; but, in the present state of the relations of Spain and the United States, I thought it necessary to ascertain that it was not an intended slight. I wrote, therefore, on the 13th, a note to M. de la Rosa, (copy, No. 4.) to which I received a satisfactory reply, (copy, No. 5.). On the 16th, the other princess was delivered of a second son. I had notice, but not early enough to get to the apartment adjoining that of the printo witness the exhibition of the new-born babe, at which I very heartily rejoiced.

cess,

"On the 14th instant, I received your No. 21, enclosing the President's answer to the King's letter of recall of General Vivez. Copies of my note to the Secretary of State, and of his reply, on the subject of that letter, are enclosed, (No. 6 and 7.) I remained in Aranjuez until the 17th; and, agreeably to the King's wish, as communicated to me by the Secretary of State, I delivered the letter on that day.

"Nos. 8 and 9 are copies of the Secretary of State's answers to the application for a continuance of the privilege of depositing, free of duty, naval stores, &c. for the exclusive use of our squadron in the Mediterranean, at Mahon, and to that for an order in favor of American vessels coming loaded with prohibited goods to St. Sebastian's. The refusal to continue longer the privilege of deposit at Mahon, was altogether unexpected, and shews that this government is determined to prove to us its displeasure at the Message of the 8th of March. It is the more remarkable, as the Cortes, in their session of the 6th of April, approved a report of the committee of Hacienda, recommending that this privilege should be continued. A statement of this determination of the Cortes, translated from the Government Gazette, is as follows:

"The Committee of Hacienda, in view of the application of the Minister of the United States for the continuance, for an indefinite period, of the permission to introduce, free of duties, into the port of Mahon, the naval stores for the use of the American squadron cruising in the Mediterranen, is of opinion that the request should be acceded to, taking the necessary precautions to avoid abuses. Approved." "I had previously understood from the English Secretary of Embassy, Mr. Harvey, resident Minister since Sir H. Wellesly's departure, that M. de la Rosa had spoken of the President's message of the

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