1 sul at Almeria, informs the undersigned that the military governor of that place, on the 29th of August last, suspending the execution of Pechut, on the vice consul's representations of the case being in a course to be submitted to His Majesty's pleasure, presented the subject to His Excellency the Captain General of the kingdom of Gre nada, stating the reasons which induced the suspension of Pechut's execution, being those which the American vice consul offered at the time that the declaration of the said Pechut was made before the miJitary governor of Almeria, and the junta associated with him. This declaration accompanied the first note of the undersigned to the Secretary of State on this subject. The Captain General of the kingdom of Grenada, in defiance of the knowledge conveyed to him by the military governor of Almeria, that this case of an American citi zen, claimed by the American representative, was in course of submission to His Catholic Majesty, on the 6th of September proceeded to order the execution of Pechut, and enjoined upon the authorities implicit obedience to this command. The military governor of Almeria, having received this peremptory command from his superior, who was fully informed of all the facts of the case, and especially made to know, that an appeal to his Majesty's clemency was in progress, for the pardon of this unfortunate young man, conceived himself bound to execute this sanguinary order; nor could the remonstrances, protests, and appeals, of the American vice consul, produce any effect in mitigating or suspending this inexorable sentence, which the undersigned learns was cruelly fulfilled on the evening of the 10th of September. The undersigned presents this case to His Excellency, not as one of complaint against the Captain General for disregard of His Majesty's command which would be an affair entirely between His Majesty and the officer, with which a foreign government could have no right to interfere; but as a complaint against this officer for a total disregard of the rights of a foreign power, secured by the sacred obligations of a treaty, which the military gover nor and junta of Almeria, not less zealous in the service of His Majesty, than the Captain General himself, deemed of sufficient force to induce them, in the first instance, to suspend Pechut's execution: As a complaint against the Captain General of Grenada, for presuming to decide a question between a foreign government and His Catholic Majesty, wresting the authority from the higher tribunals, by a deçision not to be reversed from the unhappy condition of the unfortunate victim, outraging the rights of a foreign nation, presumptuously anticipating the judgment of His Majesty, and defeating the humane and benevolent designs of His Majesty, in extending his clemency to a deluded and ignorant victim, uninfluenced by any sentiment of hostility to the sacred rights of His Catholic Majesty; a complaint that this officer remained inexorable to an appeal which aroused the sympathies of the tribunal which first investigated the case, and which, at the first blush, met in the clemency of His Majesty, a sympathising sentiment sufficient to produce an immediate order for the pardon of the unfortunate Pechut. The undersigned closes this with feelings of the deepest regret, and laments that an officer in his Majesty's service, high and distinguished by his confidence, should be found manifesting an overweening zeal, by the perpetration of acts from which humanity revolts, and from which the benignant clemency of His Majesty's heart must recoil with the deepest abhorrence. The undersigned begs to repeat his earnest appeal to His Majesty to cause the subsisting treaties between Spain and the United States to be fulfilled, should any cases occur wherein American citizens may be so unfortunate as to be involved in criminal prosecutions in Spain, and to renew to his Excellency the tender. &c. &c. HUGH NELSON. To His Excellency DON FRANCISCO DE ZEA Bermudez, (No. 39-d.) Mr. Nelson to the Secretary of State and of Despatch. MADRID, October 12, 1824. The undersigned, the Minister Plenipotentiary of the United States of America, salutes His Excellency, and asks to call his attention to the topics on which they conversed, when last the undersigned had the honor of an interview with His Excellency; but especially to that which concerned the claims of the American citizens, for spoliations on their commerce in the West India seas, committed by Spanish cruisers, in violation of the laws of nations, and the peaceful relations subsisting between Spain and the United States. The undersigned is led to recall this subject to His Excellency's recollection, from an apprehension that the great pressure of important business, at this time occupying His Excellency's attention, may have diminished the force of his recollection, in regard to communications made in a personal conference, and not in writing; and from an earnest desire to prevent, by all means, the chance of the friendly and harmonious relations between the two countries being brought into the hazard of collision. The undersigned had the honor to state, that this subject had been presented to His Majesty's Government on the 10th of January last; that it had been continually recalled since, both in writing and in conversation, at intervals, to its recollection; that it had been presented to the Secretary of State ad interim," who had preceded His Excellency; and was, lastly, presented to His Excellency, accompanied by the information, that the maintenance of the friendship and good feelings between the United States and Spain seemed to make it highly important that Spain should turn her attention to the subject as soon as possible, and give an answer to those repeated remonstrances, which the undersigned might communicate to the Government of the United States. as the evidence that Spain was not wholly inattentive to a subject to which the United States attached so much importance. The undersigned had the honor to urge upon His Excellency the necessity of a speedy reply, because of the approaching session of the American Congress, before whom there was great reason to believe, the President of the United States would consisider it necessary to lay some report, in reference to this subject, so interesting to a large class of the American community; and, also, because the Congress of the United States had, at their last · session, turned their attention to this subject, but had foreborne to recommend measures of energy, by possibility extending to measures of reprisal on the commerce of Spain, purely from deference to their anxious desire to maintain, unimpaired, their friendly relations with Spain, and from the hope which they entertained, that a strong sense of justice on the part of Spain, would induce her to give a just attention to the remonstrances on the subject, presented by the American minister near His Catholic Majesty. The undersigned had the honor to state that he was authorized to say, that the Executive of the United States felt an anxious wish to preserve, undisturbed, the harmonious relations, and the friendly sentiments, between the two Governments; that he, the undersigned, personally felt the influence of the same strong feelings; but that he did not feel justified in expressing the opinion, that the same influence might operate with the National Legislature to the extent of protracted forbearance, after the lapse of twelve months, expended in fruitless efforts, on the part of the American Minister, to induce the councils of his Majesty to turn their attention to the appeals of a friendly nation, bound to protect its citizens, and to obtain justice for them, aggrieved by the misconduct of the officers of another nation. The undersigned begs leave to inform his Excellency, that the Congress of the United States will commence its session on the sixth day of December ensuing; at which time it would, doubtless, be highly agreeable to the American Government to be informed of the disposition of His Catholic Majesty to meet their reclamations in the most amicable manner, and of His Majesty's determination to adopt such a plan of accommodation of these matters of difference between the two Governments as shall comport with the great principles of justice, and with the just obligations of a friendly nation to indemnify others, injured by the misconduct of its officers, in a manner satisfactory to the nation whose citizens have sustained the injuries. The undersigned has the honor to renew to His Excellency the tender of his most distinguished consideration, and subscribes himself His Excellency's very humble and obedient servant, HUGH NELSON. His Excellency DON FRANCISCO DE ZEA BURmudez, |