Relations with the Kingdom of Sicily.

situation of the Government of Murat at the epoch of the confiscations in question. Whatever might be the origin or foundation of that Government, it had for some time been established. It had obtained such obedience as in such times was customary, and had manifested itself, not only by active internal exertions of legislative and executive powers, but by important external transactions with old and indisputably regular Governments. It had been (as long afterwards it continued to be) recognised by the greatest potentates as one of the European family of States, and had interchanged with them Ambassadors, and other public Ministers and Consuls. And Great Britain, by an Order in Council of the 26th April, 1809, which modified the system of constructive blockade promulgated by the orders of November, 1807, had excepted the Neapolitan territories, with other portions of Italy, from the operation of that system, that neutrals might no longer be prevented from trading with them.

Such was the state of things when American vessels were tempted into Naples by a reliance upon the passports of its Government, to which perfidy had lent more than ordinary solemnity, upon a declaration, as explicit as it was formal and notorious, that they might come without fear, and might depart in peace. It was under these circumstances, that, instead of being permitted to retire with their lawful gains, both they and their cargoes were seized and appropriated in a manner already related. The undersigned may consequently assume, that, if ever there was a claim to compensation for broken faith which survived the political power of those whose iniquity produced it, and devolved in full force upon their successors, the present claim is of that description.

actual occupant. The latent right, (supposing it to exist,) disjoined from and controverted by the fact, is to him nothing while it continues to be latent. It is only the sovereign in possession that it is in his power to know. It is with him only that he can enter into engagements. It is through him only that he can deal with the society. And if it be true that the sovereign in possession is incapable, on account of a conflict of title between him and another, who barely claims, but makes no effort to assert his claim, of pledging the public faith of the society and of the monarch to foreign traders, for commercial and other objects, we are driven to the monstrous conclusion that the society is, in effect and indefinitely, cut off from all communication with the rest of the world. It has and can have no organ by which it can become accountable to or make any contract with foreigners, by which needful supplies may be invited into its harbors, by which famine may be averted, or redundant productions be made to find a market in the wants of strangers. It is, in a word, an outcast from the bosom of the great community of nations, at the very moment too when its existence, in the form which it has assumed, may everywhere be admitted. And, even if the dormant claim to the Throne should at last, by a fortunate coincidence of circumstances, become triumphant, and unite itself to the possession, this harsh and palsying theory has no assurance to give, either to the society or to those who may incline to deal with it, that its moral capacity is restored-that it is an outcast no longer and that it may now, through the protecting will of its new sovereign, do what it could not do before. It contains, of course, no adequate and certain provision against even the perpetuity of the dilemma which it creates. If therefore a As to the demand itself, as it existed against the civil society is not competent, by rulers in entire Government of Murat, the Marquis di Circello possession of the sovereignty, to enter into all will undoubtedly be the first to concede, not only such promises to the members of other societies that it is above reproach, but that it rests upon as necessity or convenience may require, and to grounds in which the civilized world has a deep remain unanswerable for the breach of them into and lasting interest. And with regard to the whatsoever shape the society may ultimately be liability of the present Government, as standing cast, or into whatsoever hands the Government in the place of the former, it may be taken as a may ultimately fall; if a sovereign entirely in corollary from that concession; at least until it possession is not able, for that reason alone, to has been shown that it is the natural fate of obliincur a just responsibility in his political or cor- gations, so high and sacred, contracted by a Govporate character to the citizens of other countries, ernment in the full and tranquil enjoyment of and to transmit that responsibility even to those power, to perish with the first revolution, either who succeed him by displacing him, it will be in form or rulers, through which it may happen difficult to show that the moral capacity of a civil to pass; or (to state the same proposition in difsociety is anything but a name, or the responsi-ferent terms) that it is the natural operation of a bility of sovereigns anything but a shadow. And political revolution in a State, to strip unfortuhere the undersigned will take the liberty to sug-nate traders who have been betrayed and plungest, that it is scarcely for the interest of sovereigns to inculcate as a maxim that their lost dominions can only be recovered at the expense of the unoffending citizens of States in amity, or, which is equivalent to it, to make that recovery the practical consummation of intermediate justice, by utterly extinguishing the hope of indemnity, and even the title to demand it.

The undersigned will now, for the sake of perspicuity and precision, recall to the recollection of his Excellency, the Marquis di Circello, the

dered by the former sovereign of all that his rapacity could not reach-the right of reclamation.

The wrong which the Government of Murat inflicted upon American citizens wanted nothing that might give to it atrocity or effect as a robbery introduced by treachery; but, however pernicious or execrable, it was still reparable. It left in the sufferers and their nation a right, which was not likely to be forgotton or abandoned, of seeking and obtaining ample redress, not from Murat simply, (who, individually, was lost in the sovereign,) but

Relations with the Kingdom of Sicily.

from the Government of the country whose power he abused. By what course of argument can it be proved that this incontestable right, from which that Government could never have escaped, has been destroyed by the reaccession of His Sicilian Majesty, after a long interval, to the sovereignty of the same territories?

That such a result cannot in any degree be inferred from the misconduct of the American claimants, is certain; for no misconduct is imputable to them. They were warranted, in every view of the public law of Europe, in holding communication with Naples in the predicament in which they found it, and in trusting to the direct and authentic assurances which the Government of the place affected to throw over them as a shield against every danger. Their shipments were strictly within the terms of those assurances; and nothing was done by the shippers or their agents by which the benefit of them might be lost or impaired.

From what other source can such a result be drawn? Will it be said that the proceeds of these confiscations were not applied to public purposes during the sovereignty of Murat, or that they produced no public advantages with reference to which the present Government ought to be liable? The answer to such a suggestion is, that let the fact be as it may, it can have no influence upon the subject. It is enough that the confiscations themselves, and the promise of safety which they violated, were acts of State, proceeding from him who was then, and for several successive years, the sovereign. The derivative liability of the present Government reposes not upon the good, either public or private, which may have been the fruit of such a revolting exhibition of power, emancipated from all the restraints of principle, but upon the general foundations which the undersigned has already had the honor to

expose.

ian Majesty less exhausted, more embellished, and more prosperous, than if the property of American citizens had not in the meantime been sacrificed to cupidity and cunning. It must further be remembered, that a part of that property was notoriously devoted to the public service. Some of the vessels seized by the orders of Murat were, on account of their excellent construction, converted into vessels of war, and, as such, commis. sioned by the Government; and the undersigned is informed that they are now in the possession of the officers of His Sicilian Majesty, and used and claimed as belonging to him.

The undersigned having thus briefly explained to the Marquis di Circello the nature of the claim which the Government of the United States has commanded him to submit to the reflection of the Government of His Sicilian Majesty, forbears at present to multiply arguments in support of it. He feels assured that the equitable disposition of His Majesty renders superfluous the further illustrations of which it is susceptible.

The undersigned has the honor to renew to his Excellency the Marquis di Circello the assurances of his distinguished consideration.

WILLIAM PINKNEY.

Mr. Pinkney to Mr. Monroe.

NAPLES, September 28, 1816. SIR: My exertions have not yet been sufficient (although they have been unremitting) to obtain an answer to my note of the 24th August; and the season is so far advanced that I fear I have only another week for further exertions. If I do not set out for Russia without delay, I shall subject myself to the hazard of being confined to Italy by rains and bad roads during a great part of the Winter. It is my determination, therefore, to press immediately and finally for a categorical reply to my note, although I am persuaded that the Marquis is in no situation to give it. He must either reply at once, or show why he cannot.

To follow the proceeds of these spoliations into the public treasury, and hence to all the uses to which they were finally made subservient, can be no part of the duty of the American claimant. It has been mentioned to me by those in whom It is a task which he has no means of perform- I have confidence, that this Government has been ing, and which, if performed by others, could nei- extremely perplexed by the demand contained in ther strengthen his case nor enfeeble it. And it my note, and has had it under constant and anximay confidently be insisted, not only that he has ous consideration; that, fearing after much conno concern with the particular application of sultation to take the ground suggested for it, as these proceeds, but that, even if he had, he would I think in America, of irresponsibility for such be authorized to rely upon the presumption that acts of Murat's Government as my note sets forth, they were applied as public money to public ends, it has been and still is searching for information or left in the public coffers. It must be remem-as to facts; that diligent inquiry, for example, has bered, moreover, that whatever may have been been made and is yet making, for the original the destiny of these unhallowed spoils, they can- papers of the different vessels and cargoes for not well have failed to be instrumental in melio- which we require compensation, or for such evirating the condition of the country. They afforded dence as might supply their place; and that it is extraordinary pecuniary means, which, as far as probabl that in the end an attempt will be made they extended, must have saved it from an aug-to encounter at least a part of our demand with mentation of its burdens; or, by relieving the proof (good or bad) that our case is not altogeordinary revenue, made that revenue adequate to ther such as we suppose it to be in the circumvarious improvements, either of use or beauty, stances. which otherwise it could not have accomplished. I am told their search after the papers of the The territories therefore under the sway of Murat vessels and cargoes is not likely to be very sucmust be supposed to have returned to His Sicil-cessful; very few-perhaps none-remain; and 15th CoN. 1st SESS.-59

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it is not easy to conjecture what satisfactory or even plausible substitutes they can procure.

I wrote yesterday a private letter to the Marquis di Circello, urging a prompt answer to my note, and desiring that he would tell me, with a view to preparations for my departure, (which of course he knew I could not much longer postpone,) when I might count upon receiving it; but I now think it necessary to demand an interview, with the same object, to take place either to-day or to-morrow. I have the honor to be, &c. WILLIAM PINKNEY.

Extracts of a letter from Mr. Pinkney, Special Minister of the United States at Naples, to Mr. Monroe, Secretary of State, dated

NAPLES, October 5, 1816.

could be sure of adjusting the business of my mission. He replied, with his characteristical good breeding, that they should be extremely sorry to lose me, and that they had hoped to have me with them for some time, but that, if my duty elsewhere called me away, he would undertake to send the answer to my note, the moment it could be given, wherever I would indicate; that there was no probability that, if I left Naples as soon as I spoke of, or even a week or two later, I should receive the answer here, but that if it could be given so promptly it should. I rejoined that I doubted if, without instructions, it would be well for me to receive the answer after I had left the King's court and territories; that I confidently trusted the answer would admit our claim, (though we had no desire to urge them inconveniently, as to the time or mode of payment, or even to push our demand to its utmost extent,) but that, however little such a result was to be expected, the answer might contest our demand, or an important portion of it; in which case it was both my duty and inclination to reply to the answer, and to maintain, as I did not fear to be able to do, the grounds of fact and law upon which I had already relied; and that this could not be done with advantage, nor, perhaps, with propriety, unless with the approbation of my Government, after my departure for another station.

On Sunday, the 29th of last month, I had an interview with the Marquis di Circello, in pursuance of the intention announced in my last. I pressed him for his promised answer to my note of the 24th of August, and insisted that, if he could not reply to it immediately, he would name the time within which it was probable he could do so. He said that an immediate answer was really impossible, and that he could not, without running the risk of misleading me, fix any precise time for the giving of such an answer as should be categorical. I asked the reason of this. He observed that the papers relative to the The Marquis immediately expressed an opinvessels and cargoes, for which we now demanded ion that I might regularly receive the answer an equivalent, had, in Murat's time, been scat-after I had left the Neapolitan dominions; and, tered about in such a way, that, with all the dili- in consequence of a question which I put to him gence they could use, they had not yet been able in this stage of the conversation, (whether it to collect them, or such information as might might not be more in rule to offer to deliver the stand in their place; that all proper steps had answer to whom, and to where, the Government been taken by the King's Government for ob- of the United States should think fit?) he said taining these papers, and whatever else was con- that he should have no objection to any course nected with and material to our claim, and that which I preferred, but that he thought it would they hoped that they would soon be successful; be best (as being more respectful to me) that he that our claim, apparently of large amount, was should undertake to send the answer as I should made upon those who confessedly had no parti- prescribe, especially as this course essentially incipation in the transactions upon which it was cluded the other. It would have been impossible founded; that, it was, therefore, manifest, they for me to dispute an opinion referred to so civil had all their knowledge of those transactions to a motive, even if the matter had been worth disgain; that they were sincerely desirous of un- puting. derstanding them thoroughly; that, without all the knowledge of the circumstances of the case which could at this time and by due inquiry be recovered, the King could not decide whether he was or was not answerable to us as we alleged; that a decision would undoubtedly be In the whole of this conversation (of which I hastened and made known to me as soon as possi- have very shortly stated the import) not a word ble, and, as he believed, within a period of time was dropped by the Marquis condemning our not by any means distant; but that I must per- claim, or intimating that it was likely to be receive that it was not in his power, without prac-jected, although much of what I said was caltising disingenuousness, to assure me that this could be done in a few weeks. After some further conversation on this point, I told him that I feared I should be obliged to leave Naples before Before I went away, I requested (and he promhis answer was prepared; and as he knew that ised) that he would write me a note, expressing my ulterior destination was St. Petersburg, I in-briefly what had passed between us; and, the eveformed him, finally, that I had determined to set out for Russia on Saturday, the 5th instant, (this day,) unless, by waiting a week or two more, I

I did not think, however, that it was worth more words than had been bestowed upon it; and I therefore left the Marquis, to take his own way upon it, reserving to myself the power of taking mine in due season.

culated to provoke him to do so; but again, he said nothing which amounted to an admission that the claim would be acknowledged.

ning of the same day, I received from him a paper (of which a copy is among the enclosures) written and sent in consequence of that request;

Relations with the Kingdom of Sicily.

The reasons suggested by this Government for On the other hand, certainly I could have no a short postponement of its decision are such as apology for protracting my stay in Naples beyond I suppose I could not have quarrelled with, withthe time to which I have limited it. My instruc-out putting myself in the wrong. They are per

Relations with the Kingdom of Sicily.

fectly respectful to the United States, and of real The undersigned certainly regrets that the Govweight in themselves. Their effect is to leave ne-erament of His Sicilian Majesty has not been gotiation open, to give encouragement to resume it, and, at the same time that they impart new solidity to our claims, to render an acquiescence on our part in a brief adjournment of it not only consistent with our honor, but a duty. In the mean time, the two Governments are not brought to a disagreeable issue, as (if the claim had been rejected without ceremony, or even with all the ostentation of civility,) they might have been. In not consenting to receive the answer of this Government after my departure from Naples, I was a good deal influenced by the apprehension that they might possibly give me such an answer when absent as they would not give me if present. I desired, moreover, to insure to my Government a just control over the subject, and to the claimants a clear stage for their own private exertions. I thought that a more convenient resting point could scarcely be had, and that it would be better that I should afford time to advise upon the case to those who had more right than I to dispose of it in future, than that, adhering to my mission after I had separated myself from those to whom I was accredited, I should risk the loss of everything by the exercise of a very doubtful authority, under all sorts of disadvantages.

able already to honor him with a precise reply to that note; and he regrets still more that, on account of the difficulty of collecting the information supposed to be necessary to a correct decision upon the claim which it preferred, he cannot hope to have such a reply during the time to which he is obliged to limit his present stay in Naples..

The Marquis di Circello to Mr. Pinkney, dated
NAPLES, September 27, 1816.

The Marquis di Circello, in reply to the private letter of his Excellency Mr. Pinkney, in which he is pleased to remind him of his official note of the 24th of August last, has the honor to inform him, that notwithstanding the great anxiety of him (the Marquis di Circello) to give the reply which he owes to the said note, he is not yet able to give it, since it must be the result of a reunion and accurate examination of all the information which the subject of that note requires, and for obtaining which orders have been given. This may probably occupy several weeks more, and it is of course impossible for him yet to fix the epoch at which the said reply may be given as Mr. Pinkney desires. The writer, however, assures his Excellency, that in case his situation should not permit him to wait for the said reply, he will make it his duty to forward it wheresoever he may indicate.

In the mean time, he profits of this occasion to have the honor to confirm to His Excellency the assurances of his distinguished consideration.

IL MARCHESE DI CIRCELLO.

Mr. Pinkney to the Marquis di Circello, dated NAPLES, September 30, 1816, The undersigned, Envoy Extraordinary of the United States of America, had the honor to receive last night the note of his Excellency the Marquis di Circello, bearing date the 27th instant, upon the subject of the note of the undersigned of the 24th of August.

He is perfectly sure, however, that the epoch is at hand when His Majesty's Government will be possessed of this information, and when the justice of the claim of the Government of the United States, in behalf of its injured citizens, will be fully perceived and distinctly acknowledged. The undersigned, in answer to that part of the note of the Marquis di Circello which proposes to send a reply to the note of the undersigned of the 24th of August wheresoever the undersigned may indicate, has the honor to state to the Marquis di Circello, that, upon this point, as well as upon all such ulterior steps as his mission and the subject of it may be calculated to produce, the undersigned will think it his duty to refer himself to his Government, which, at the same time that it will give their due weight to the reasons which are now assigned for a short postponement of the claim in question, will take such measures as it shall think the case requires with regard to the future.

The undersigned takes this occasion to renew to his Excellency the Marque di Circello the assurances of his distinguished consideration.

WM. PINKNEY.

Mr. Pinkney to the Marquis di Circello, dated

NAPLES, September 30, 1816.

The undersigned, Envoy Extraordinary of the United States of America, being about to leave the Court of His Majesty the King of the Two Sicilies, upon the business of his Government, has the honor to request that his Excellency the Marquis di Circello will have the goodness to inform him at what time His Majesty will honor him with an audience.

The undersigned avails himself of this opportunity to renew to his Excellency the Marquis di Circello the assurance of his most distinguished consideration.

WM. PINKNEY.

Mr. Pinkney to the Marquis di Circello, dated
NAPLES, October 1, 1816.

The undersigned, Envoy Extraordinary of the United States of America, has the honor to request of his Excellency the Marquis di Circello the usual passports for himself, his family, and suite, and their baggage, &c.

It is his present intention to go to St. Petersburg by the way of Vienna; but it is possible that he may abandon that route in favor of the road through Berlin. He wishes to set out at the end of this week.

He begs his Excellency the Marquis di Cir