sary delay, as her Majesty's government would now have full knowledge of the facts and reasons assigned for the demand. I had, from motives of sincere desire to preserve the peace of the two countries, asked this verbal conference and more unrestricted mode of communication before a more solemn and formal demand in writing, if a previous discharge of the prisoners had not rendered it unnecessary to their liberation. I wished to do nothing that would complicate the question or disturb, in the slightest degree, the amicable relations which happily existed, and I still hoped would continue to exist, between the two nations. The government of the United States had performed faithfully all their treaty stipulations and every obligation of friendship to Spain, and would continue to discharge those duties as long as peace between the two countries remained. And they had a right to a corresponding observance of all the duties on the part of Spain to the United States, and of the just rights which they claimed at her hands. It was needless to give more than this honorable assurance, and the plighted word of the government of the American Union for the fidelity of its execution. In regard to the recent expedition, which had been in concoction, as I was well informed, for more than two years, though in the most secret manner-which was set on foot with Spanish money, and chiefly by Spanish leaders, who thus abused the hospitality extended to them in a friendly nation, and deluded some few of its citizens to assist in an illegal attempt, condemned and punishable by our own laws-I was authorized to say to his excellency that, but for the successful and efficient exertions of the government of the federal Union to suppress and defeat it, instead of being composed of five or six hundred men, it would most probably have mustered a force of twenty thousand; that the principal leaders of that expedition, who were resident in the United States, were now arrested, and bound to appear for further trial in our judicial tribunals for a breach of our own laws against such criminal enterprises, and that the government would not relax its efforts to preserve good faith and secure the fair and faithful execution of the laws in all respects; that my government had expressed their willingness, and were still ready, to receive any proper testimony from the government of Spain to inculpate any real offenders against their own laws and the territory of Spain; that these important and various considerations, I felt assured, must weigh much with the government of her Majesty in assenting to the just demands of the United States, before Spain would pursue a course which might endanger the public peace; that the demand made by the United States was believed to be just, and was consonant with the principles of sound international law; that, in reference to this particular case, I differed with his excellency both as to the principle and the premises. I was not aware that the island of Contoy was uninhabited, or that it was a barren rock or desert. I could not so admit It certainly was not abandoned in the sense contended for by his excellency. It was the domain and property of Yucatan, one of the States of the federal republic of Mexico, and was so near the coast as to be almost a part of the shore of that State The government of Mexico had not abandoned it, but claims it as a part of her jurisdiction and sov ereignty; but, as between the United States and Spain, it was immaterial whether she asserted her right now or not. It was immaterial, also, whether it was uninhabited, or a rock or desert, so far as this ques tion rested. It was sufficient that it was part and parcel of the territory of Mexico, and without the jurisdiction of Spain. I trusted, however, that there might be no occasion for the further discussion of these questions in a short time, so far as the liberty of these prisoners was concerned. I hoped, from the intimation given by his excellency, that they would be released soon, even by judicial proceeding, although my government could not consent to and protested against the exercise of the right claimed by that of her Catholic Majesty to detain, incarcerate, and try in her own courts, American citizens thus illegally seized. His excellency said that the government of her Majesty would insist on this right. It could not be surrendered; this was impossible. He also repeated substantially what he said in a former interview with me, and what I communicated, in despatch No. 19, about the impossibility of prolonging, for much time, the present state of things in reference to the necessity and great expense of defending the island of Cuba by a war establishment. of men and money in time of nominal peace. Much as Spain would dislike a rupture with the United States, this state of things was not right, and it could not long continue. He had been impressed with the greatest confidence in the good faith of General Taylor, and expressed the highest admiration for the noble character of the late President, on whose memory he pronounced a warm eulogy, saying that his death was not only a misfortune to America, but to Europe, and that he believed he had sincerely endeavored to do all in his power to defeat the hostile and criminal purposes of the conspirators against the peace and possessions of a friendly nation. But he said the present condition of affairs could not long and peacefully remain between Spain and the United States; and that, however much to be regretted, without a change for the better, it must have an unfriendly termination. Before our separation, I remarked to his excellency that I was also ins'ructed to inquire whether the Spanish government had any knowledge that any American merchant vessel or vessels had been recently searched by Spanish cruisers, and particularly whether any orders have been issued, by direction of her Majesty's government, that would justify a Spanish cruiser in detaining or searching American merchant vessels. He an swered, that there was no such knowledge on the part of her Majesty's gov ernment, and that no other than the usual and general orders had been given to the Spanish naval officers, and that no new or special orders had been given on the subject referred to; but he said that the present state of things in the Gulf of Mexico and in the United States had doubtless quickened the vigilance of her Majesty's naval commanders. This is the substance of the conversation had at this interview. As I am now convinced that the demand directed to be made by the late President, both here and in Cuba, will be refused by the Spanish government, and as I trust that the prisoners have been already or will soon be placed at liberty under another proceeding, however objectionable that mode may be in the opinion of the government of the United States, and desirous of avoiding all serious results which may possibly arise from unnecessary haste or inconsiderate indiscretion, I deem it best for the present to defer for a few days the presentation of a more formal and sol emin demand, in writing, for their release. I am strengthened in my convictions of the propriety of this course by considerations of due respect and deference for the new position of the successor of the late President, and by an expectation that I may receive by the next mail an expression of his judgment and wishes on so important a matter, and additional instructions for my guidance in its further prosecution.. I have the honor to be, with the highest respect, sir, your obedient servant, Hon. JOHN M. CLAYTON, Secretary of Stute, &c. D. M. BARRINGER. Mr. Webster to Mr. Barringer. [Extract.] [No. 25.] DEPARTMENT OF STATE, Washington, September 5, 1850. SIR: I transmit to you a copy of a correspondence which has recently passed between the Spanish minister and myself on the subject of supposed new schemes against the island of Cuba, by which you will perceive that the President has directed me to make to the former the most friendly assurances as to the fixed determination of the executive to cause a rigid enforcement of the existing laws. You will take the earliest opportunity to repeat these assurances to the government of Spain, with a view to calm those natural feelings of alarm and anxiety on these subjects, which Mr. Calderon has constantly represented to this government as existing in a great degree on the part of Spain. I am, sir, respectfully, your obedient servant, D. M. BARRINGER, Esq., &c. [No. 32.] DANIEL WEBSTER. Mr. Barringer to Mr. Webster. [Extract.] LEGATION OF THE UNITED STATES, SIR: In despatch No. 27, of the 7th ultimo, I transmitted to your predecessor a substantial report of the interview had between the Minister of State of her Majesty's government and myself on the subject of the demand for the release of the American prisoners taken at the island of Contoy, and assigned the reasons why I deemed it prudent to postpoue for a short time a more formal demand in writing. Not having heard from the department on the subject, I did not feel authorized to delay this step longer than the 27th ultimo, and on that day, in pursuance of the instructions received from your predecessor, and unrevoked by yourself, I sent to the Minister of State the communication of which I have the honor to transmit to you a copy, marked A. Having received no reply, on the 4th instant I felt it my duty to address the note, of which I also forward a copy, (marked B,) to his excellency. I have as yet received no reply to either communication, and cannot now hope for one in time for the mail of this day. I have no reason to change the opinion entertained when I wrote my despatch No. 27, that her Majesty's government would refuse to deliver the prisoners on the demand of my government, and that they would insist on their right to try them in the Spanish courts. It is said in the American newspapers that forty-two of these prisoners, having been tried, were released at Havana; that seven others were soon to be discharged, and that three others were to be severely punished. Having no official information on the subject, I am unable to say how far this statement is true, and of course could not act officially on the representation thus given; nor am I able to determine at present how far this state of the matter, if true, would probably change the action of my government on the instructions they might see proper to give me. I have the honor to be, with the highest respect, sir, your obedient servant, D. M. BARRINGER, DANIEL WEBSTER, Esq., Mr. Barringer to the Marquis of Pidal, Minister of State. LEGATION OF THE UNITED STATES, SIR: On the 5th instant I had the honor of a personal interview and conference with your excellency on the subject of the American citizens captured by a Spanish armed cruiser at the island of Contoy, and then supposed to be imprisoned, and on trial under Spanish law in the Havana, for alleged offences against the kingdom of Spain. On that occasion I informed your excellency that I was instructed by my government to demand the immediate release of the prisoners thus taken and subjected to judicial trials by Spanish tribunals; and I then explained to you at some length the grounds on which this demand was predicated. To the demand thus verbally made you were pleased to reply at once and at length, and in the course of your observations remarked that, as it was a matter of the greatest gravity and importance, you preferred that it should be made formally in writing, to which your excellency would reply in the same solemn manner. I now perform that duty, and, in the name and by authority of my gov. ernment, demand that an order issue from her Majesty's government for the immediate release, and delivery to the government of the United States, of all the said prisoners taken at the island of Contoy, on the coast of Yucatan, and within the Mexican jurisdiction, and who may still be in confinement, or undergoing judicial trial, under Spanish authority. Having cause to believe that the reasons of this demand have been already fully placed within the knowledge of her Majesty's government, both by his excellency the Spanish minister at Washington, to whom the views and purposes of the American government were fully com municated, with a request to make them known to that of her Majesty, as well as by myself, in the interview of the 5th instant above referred to, I decline for the present to enter at length upon their repetition. The government of the United States cannot recognise the right of Spain to seize American vessels at anchor on the coast, and within the territory and jurisdiction of a power having friendly relations with the United States; to capture and imprison the men and crew on board of vessels thus situated, and try them in Spanish tribunals, and according to Spanish rules and forms of proceeding, for any supposed violation of the law of nations, much less for that of Spanish municipal law. The prisoners whose release is demanded were all arrested in the month of May last, either on the island of Contoy or on board of two American vessels, the Georgiana and the Susan Loud, which were seized whilst at anchor at said island on the coast of Yucatan, which is a portion of her domain and property, and within the jurisdiction of the Mexican republic, of which the said State of Yucatan is a component part. The question of the guilt or innocence of these prisoners as connected with the late hostile expedition of Lopez, to invade the island of Cuba, does not affect, in the slightest degree, the principles upon which this demand is made. Against any such illegal attempt to invade and attack the territory of a friendly power, the government of the United States has given too many proofs of its opposition and efficient resistance to render necessary any further assurance of its sincerity and its fidelity to every obligation of duty, or to leave any room for doubt as to its amicable dispositions. If these prisoners were guilty of any offence, it is cognizable and punishable by the laws of the United States, whose provisions are most ample and effectual against all such criminal enterprises, set on foot within their territory or jurisdiction to invade the territory or dominions of any foreign kingdomi, State, or colony, with which we are at peace. We deny that these men were guilty of any act of invasion or depredation on Spanish territory, or within Spanish jurisdiction. Even if guilty originally of an intention to join the frustrated expedition of Lopez and his coadjutors and followers, this was a crime punishable only by and under the laws of the United States, and could not justify Spain in arresting and prosecuting them under her laws. I am instructed to say that my government will view the punishment by the authorities of Cuba of the prisoners thus taken at Contoy, without the Spanish jurisdiction, as an outrage on the rights of the United States. Without enlarging upon the grounds already taken for their discharge, and which, it is believed, are fully sustained by the highest judicial authority, and a just interpretation of the law of nations, the President is satisfied, from evidence and information which he deems entirely reliable, that the men taken at Contoy had embarked to go to Chagres, and that if any of them had ever designed to invade the island of Cuba they had repented of that design, and abandoned it. Under these circumstances, the President cannot consent that the lives |