Independence of the Spanish Provinces. for their liberties. Would to Heaven that they engaged in the same cause with those of Rio de all could now offer to this Government the same la Plata, are, notwithstanding, under distinct proof of their effective sovereignty, and equal Governments, I would observe that their state of pledges of their respective preponderating power! defence is much inferior to that of the enemy; Humanity would then have much fewer evils to that some of them, perhaps, have not the means deplore, and all America would exhibit a united of increasing it, if the nearest neutral nation people, only rivalling with each other in the art shuts their markets against them; and that the of improving their civil institutions, and extend- law which subjects them to the impossibility, or ing the blessings and enjoyment of social order. increases the difficulty, of augmenting their When I contemplate the distinguished part the means of defence, has a direct tendency to proUnited States may take in realizing this grand mote their subjugation. The unequal effects of enterprise, and consider how much it is in their this law are still more evident, if we consider power to hasten this happy period, only by giv- that, while it immediately deprives several of ing an example of national justice, in acknowl- those provinces of the most essential supplies, it edging the independence of those Governments allows their enemies to draw supplies from hence, who so gloriously and by so many sacrifices without which their troops could not move a have known how to obtain it, my reason per- step. It cannot be possible that, in refusing all suades me that the wishes of the United Prov- manner of aid to those who are engaged in our inces cannot fail to be speedily accomplished. bloody struggle, the United States should so far I have the honor to renew to you, sir, the as-restrict their commerce as to prohibit the exsurances of my highest consideration, and pray God to preserve you many years. MANUEL H. DE AGUIRRE. No. 16. Don Manuel H. de Aguirre to the Secretary of State. portation of provisions. I shall abstain from calling your attention to consequences still more injurious, resulting from such a precedent; but I cannot avoid observing that the fourth section of the law in question is evidently favorable to the King of Spain exclusively, if we attend to the time and circumstances when it passed. CITY OF WASHINGTON, Dec. 29, 1817. SIR: It is painful to me to trespass on your I confidently rely, sir, on your laying before attention with complaints; but I should be want- the President the subject of the present coming both to the trust committed to me by my plaint, which nothing but the necessity of the Government, and my duty to my country, if, case has compelled me to make; and also on after being informed of the purport and effect of your submitting to him, that, in our present the law passed on the 3d of March last, for the struggle, we not only defend the rights of manmore effectual preservation of the neutral rela-kind and the best interests of civilized society, tions of the United States, I did not represent to but that we are contending for the preservation you that its effects bear hard only on those who of our families and for our existence. are struggling for the independence of Spanish. God preserve you many years. America. By the law and usages of nations, neutrals are forbidden, if I am not mistaken, to afford any MANUEL H. DE AGUIRRE. No. 17. CITY OF WASHINGTON, Jan. 6, 1818. SIR: In the last interview with which you active aid to any of the contending parties; to Don Manuel H. de Aguirre to the Secretary of State. sanction any law granting or refusing privileges to one, which are not at the same time effectually granted or refused to the other; and, in fine, to change their commercial or other regula-honored me a few days ago, you were pleased to tions, so as to improve the condition of the one to the exclusion of the other. If, on comparing the abovementioned law with this doctrine, and observing that whether we look to the time of its enactment or the period of its duration, it could only be applicable to the contest now carrying on in South America, we cannot but be surprised that it tends so directly to injure those who are defending themselves against the most horrible tyranny; and not only prohibits the irregularities arising from the deficiency of measures to preserve a strict neutrality, but also prohibits or subjects to bonds, amounting to a prohibition, the exportation of arms and ammunition, or any other mercantile" operation which may be considered as calculated to aid, or in any manner to co-operate in, any measure of hostility. If you permit me, sir, to point out the effect of that law upon those provinces which, although state that the act of the acknowledgment of the independence of the United Provinces in South America ought to be reduced to a formal treaty between the two independent Governments, as was practised in the case of the Treaty of Amity and Commerce between the United States and His Most Christian Majesty, in 1778. Not considering myself, in truth, sufficiently authorized by my Government to treat with that of the United States, in special terms, I then had the honor to explain to you that my powers did not extend so far; but, keeping in view the spirit and object of my commission, (as appear by the credentials now in your possession,) namely, to promote as far as may be the honor and consolidation of the cause in which these provinces are now engaged;" and, it appearing evident, on the other hand, to be the intention and desire of the said sovereign Congress closely to connect themselves by direct relations of mutual Illegal Armaments-Amelia Island. friendship and commerce with these United States, I have not the least hesitation to assure you that I consider myself fully authorized by my Government to enter into a negotiation with that of the United States on the general basis of a reciprocal amity and commerce. I have the honor to renew to you the assurances of the highest consideration, &c. MANUEL H. DE AGUIRRE. No. 18. Don Manuel H. de Aguirre to the Secretary of State. WASHINGTON CITY, Jan. 16, 1818. Representatives of the 24th of February last, I lay MARCH 14, 1818. SIR: I had the honor, in my interview with you on the 13th of this month, to state to you the light in which the invasion of one of the United Provinces, by the troops of the King of Portugal, was viewed by my Government, thereby violating the neutrality which they had bound Department of STATE, March 14, 1818. themselves to maintain conjointly with my GovThe Secretary of State, to whom have been ernment. I likewise deemed it fit to inform you, referred the resolutions of the Senate of the 16th that this act of invasion by a neutral nation, for of December, and of the House of Representatives the purpose of dismembering the integrity of of 24th February last, has the honor of submitthe territory of Spanish America within its law-ting to the President the correspondence between ful limits, was considered by the councils of my Government as an act of hostility between the nations at variance, and that on this principle they had regulated their conduct towards the King of Portugal. In the same conference, I had the satisfaction to represent to you that the trade and communication between the provinces of Rio de la Plata and the United States had no other basis than a decree of the Government of those provinces, by which a free trade is granted to foreign nations, in consequence of the imperious circumstances of the mother country in the years 1808 and 1809, and by which that Government reserved the right of limiting its duration, on the termination of the urgency of the case. In the note which I previously had the honor to address you, I considered it my duty to express the sincere and earnest desire of iny Government to establish reciprocal and close relations of amity and commerce with the United States; and you will now permit me to request you, sir, that, in making the President acquainted with these loyal sentiments, you will also inform him that it is equally its desire to establish a solid and lasting friendship, in order that the consequent predilection may have its full effect on the communication and trade between both countries. Our Lord preserve you many years. MANUEL H. DE AGUIRRE. this department and the Spanish Minister residing there, since he received the last instructions of his Government to renew the negotiation, which, at the time of the last communication to Congress, was suspended by the insufficiency of his powers. These documents will show the present state of the relations between the two Governments. As in the remonstrance by Mr. de Onis, of the 6th of December, against the occupation by the United States of Amelia Island, he refers to a previous communication from him, denouncing the expedition of Sir Gregor McGregor against that place, his note of 6th July, being the paper thus referred to, is added to the papers now transmitted. Its date, when compared with that of the occupation of Amelia by McGregor, will show that it was written ten days after that event; and the contents of his note of 6th December will show that measures had been taken by the competent authorities of the United States to arrest McGregor as soon as the unlawfulness of his proceedings within our jurisdiction had been made known to them by legal evidence, although he was beyond the reach of the process before it could be served upon his person. The tardiness of Mr. Onis's remonstrance is of itself a decisive vindication of the magistrates of the United States against any imputation of neglect to enforce the laws; for if the Spanish Minister himself had no evidence of the project of McGregor, sufficient to warrant him in addressing a note upon the subject to this depart ILLEGAL ARMAMENTS - OCCUPATION OF ment, until ten days after it had been accom AMELIA ISLAND. plished, it cannot be supposed that officers whose authority to act commenced only at the moment of the actual violation of the laws, and who could be justified only by clear and explicit evidence of the facts in proof of such violation, should have been apprized of the necessity of their interposition, in time to make it effectual, before the person accused had departed from this country. Illegal Armaments-Amelia Island. As in the recent discussions between Mr. Onis and this department there is frequent reference to those of the negotiation at Aranjuez in 1805, the correspondence between the extraordinary mission of the United States at that period and Don Pedro Cevallos, then the Minister of Foreign Affairs in Spain, will be also submitted as soon as may be, to be laid before Congress; together with the correspondence between Don Francisco Pizarro and Mr. Erving immediately preceding the transmission of new instructions to Mr. Onis, and other correspondence of Mr. Onis with this department, tending to complete the view of the relations between the two countries. JOHN QUINCY ADAMS. MARCH 25, 1818. a height, that I should be wanting in my duty if I omitted to call your attention again to this very important subject. It is notorious that, although the speculative system of fitting out privateers and putting them under a foreign flag, one disavowed by all nations, for the purpose of destroying the Spanish commerce, has been more or less pursued in all the ports of the Union, it is more especially in those of New Orleans and Baltimore, where the greatest violations of the respect due to a friendly nation, and, if I may say so, of that due to themselves, have been committed: whole squadrons of pirates having been [fitted] out from thence, in violation of the solemn treaty existing between the two nations, and bringing back to them the fruits of their piracies, without being yet checked in these courses, either by the reclamations I have made, those of His Majesty's consuls, or the decisive and judicious orders issued by the President for that purpose. 66 Government, and the existing treaty, has had the effrontery to make a regular entry of his vessel at the custom-house of Baltimore, declaring his cargo to consist of bales and packages containing silks, laces, velvets, and other valuable articlesall, as you may suppose, plundered from the Spaniards. To the House of Representatives of the United States : I transmit to the House of Representatives, in compliance with their resolution of March the 20th, such information, not heretofore communi- The American privateer "Swift," which, as I ted, as is in the possession of the Executive, relat- mentioned to you in my note of the day before ing to the occupation of Amelia Island. If any yesterday, had captured, under the name of the doubt had before existed of the improper conduct Mongore," and the flag of Buenos Ayres, the of the persons who authorized, and of those who Spanish polacre "Pastora," just arrived at New were engaged in, the invasion and previous occu- Bedford, is now in Baltimore river; and her cappancy of that island, of the unfriendly spirit to- tain, James Barnes, who has so scandalously viowards the United States with which it was com-lated the laws of nations, the neutrality of this menced and prosecuted, and of its injurious effect on their highest interests, particularly by its tendency to compromit them with foreign Powers in all the unwarrantable acts of the adventurers, it is presumed that these documents would remove it. It appears by the letter of Mr. Pazos, agent of Commodore Aury, that the project of seizing the Floridas was formed and executed at The three-masted schooner called the "Intrepid," a time when it was understood that Spain had lately arrived at New York from Montevideo, is, resolved to cede them to the United States, and as His Majesty's Consul there informs me, the to prevent such cession from taking effect. The Spanish vessel called the "Leona," captured off whole proceeding, in every stage and circum- Cadiz by the schooner "Orb," of Baltimore, whose stance, was unlawful. The commission to Gen- armament I denounced to you at the time, and eral McGregor was granted at Philadelphia, in communicated the positive information I had redirect violation of a positive law; and all the mea-ceived that her object was to cruise against the sures pursued under it by him, in collecting his force and directing its movements, were equally unlawful. With the conduct of these persons I have always been unwilling to connect any of the colonial Governments, because I never could believe that they had given their sanction either to the project in its origin, or to the measures which were pursued in the execution of it. These documents confirm the opinion which I have invariably entertained and expressed in their favor. JAMES MONROE. Don Luis de Onis to the Secretary of State. WASHINGTON, January 2, 1817. SIR: The mischiefs resulting from the toleration of the armament of privateers in the ports of this Union, and of bringing into them, with impunity, the plunder made by these privateers on the Spanish trade, for the purpose of distributing it among those merchants who have no scruple in engaging in these piracies, have risen to such subjects of the King, my master. This pirate (for that is the name by which both nations have agreed to consider a privateer of this description) was armed at Baltimore, manned by subjects of this Republic, and commanded by a Portuguese called Almeyda, an American citizen. The schooner "Leona," now at New York, under the name of the "Intrepid," and ostensibly owned by one Mifflin, at Philadelphia, had on board, when captured, thirty thousand dollars in specie, three hundred boxes of sugar, some grain, with other property belonging to Moreno, De Moro, and others, merchants at Cadiz; and had a cargo of jerked beef and other articles, belonging, as I have heard, to the merchants in Baltimore who furnished the funds for equipping the "Orb." The Consul at New Orleans informs me that the pirate Mitchell, with the vessels under his command, fitted out by different merchants at that port, of whom a Mr. Dupuy is supposed to be the principal, has lately taken several Spanish Illegal Armaments-Amelia Island. 2, 1817.] SPANISH CONSUL'S OFFICE, Norfolk, December 16, 1816. prizes to Galveston, and that, from the proceeds [Enclosure in Don Luis de Onis's letter of January of their sales, he has remitted to the said deputies one hundred and five thousand dollars, which he has deposited in the Bank of Louisiana, after deducting the shares of the captain and crew, amounting, as is supposed, altogether, to two hundred thousand dollars. The same Consul adds, that two of the prizes, one from Campeachy and the other from Guatemala, were burnt, and their crews landed by that savage monster near Boquilla de Piedras, that they might be, as they actually were, put to death by his great friend Villapinto, a noted rebel ringleader, who, being pursued by the King's troops, had retreated to the seashore to make his escape. Of ninety men, composing these crews, only nine were saved. SIR: On seeing an armed vessel in this harbor, in front of the town, displaying a flag unknown to me, and, I will venture to say, unknown to the United States, and, at any rate, not recognised by them; and there being no doubt that this vessel is one of those known to be committing great depredations at sea on the Spanish trade, and frequently also on ships of all other nations, not excepting those under the merchant flag of these States, I have thought it my duty to apply to you, to request you to give me some information respecting said armed vessel, her character and nationality, and under what authority she navigates the seas as a public or private ship of war, who commands her, and how she is manned, and in what light you view her in your official ca The Consul at Norfolk informs me of the arrival there of a privateer schooner from Buenos Ayres, one of several fitted out at Baltimore, and wholly owned there; that, from what he has been able to ascertain, among other vessels, she plundered a Spanish ship laden with a cargo of cochi-pacity? neal, indigo, and specie, to the amount of more than two hundred thousand dollars, and proceeded to Baltimore to divide the spoil among the concerned. The said Consul, in the discharge of his duty, and the exercise of his rights, addressed an application to the collector of the customs, (copy of which is annexed, and also of the answer of the collector,) by which you will perceive that he declines this just reclamation. I could cite innumerable other cases, as well attested as those I have just stated, but I' omit them, as their detail would fatigue you, without tending to demonstrate more effectually that they proceed from non-observance by the officers of this Government of the President's proclamation, and of the treaty of limits and navigation between the two Governments. Although His Majesty has too much confidence in the rectitude of the President to doubt that due compensation will be made for these injuries to his subjects, on the same principles as have been observed by His Majesty, on other occasions, towards the United States, yet I cannot omit requesting, in his royal name, that, in the meanwhile, the President may be authorized to take the most energetic measures required by the case, to put an end to these practices, and that he would be pleased to cause the vessels I have before mentioned to be confiscated, together with their cargoes, and security to be given by Mr. Dupuy for the amount of his deposite in the Bank of Louisiana, as being the proceeds of the Spanish prizes made by the pirate Mitchell; and that, as a general measure, every privateer coming into these ports under a flag not acknowledged be detained and sequestered, to be made responsible for the depredations committed by it. I trust that the President will be the more disposed to accede to this request, as, in addition to its justice, it is strictly conformable to his friendly sentiments towards my Sovereign, and the humane principles by which he is characterized. I renew to you my respects, sir, and pray God to preserve you many years. LUIS DE ONIS. In making these inquiries of you, I hope that you will only see a desire on my part to acquire information upon a question of vast importance to the commerce of Spain, as it affects materially the safety of her merchant ships; whether or not those sea plunderers are to find an asylum in the ports of the United States, which would so greatly increase the means of carrying on their spoliations. I am confident that it is not the wish of this Government to afford any sort of protection to a set of men (for the most part foreigners to the country they pretend to serve) who avail themselves of the dissensions which unfortunately prevail between Spain and some of her colonies, to exercise their merciless rapacity upon the inoffensive merchant, not only of Spain, but in many instances of other countries; and I am too well acquainted with your own character to suppose that you would be inclined to favor them. Indeed, the intentions and good disposition of this Government towards Spain are rendered 1st September, 1815; and it is there forbidden to manifest in the President's proclamation of the American citizens to take any part in the contentions between Spain and some of her distant possessions; and it is enjoined on all officers, civil and military, under the Government, to be vigilant in searching out and bringing to punishment all such citizens as shall act contrary to the intent of said proclamation; and there being a report in town that many of those composing the crew of the vessel in question are Americans, I have thought it necessary to call your attention to this point, not doubting that you will consider it as meriting your particular examination. I will conclude by availing myself of this opportunity to assure you of the great respect with which I remain, sir, your most obedient and humble servant, ANTONIO A. VILLALOBOS. CHARLES K. MALLORY, Esq., Collector of Norfolk and Portsmouth. [ANSWER.] Illegal Armaments-Amelia Island. COLLECTOR'S OFFICE, Norfolk, December 16, 1816. SIR: I have had the honor to receive your note of this morning. In respect to the vessel which is the subject of it, I deem it only necessary jo remark, that she is recognised in this office in no other character than that of any other foreign vessel in our waters from a foreign port; that my duty does not require of me to request her flag so far as to make it a criterion or condition of her admission into this port; and that I shall take care, in this, as in other cases, to see that the laws of the United States and other regulations of the Government, so far as they come within the sphere of my authority, be duly observed. I reciprocate the sentiments of respect you express for me, and am, &c., CHARLES K. MALLORY. Don ANTONIO ARGOTE VILLALOBOS. Don Luis de Onis to the Secretary of State. WASHINGTON, Jan. 15, 1817. the two nations, which has the force of a law, are daily augmenting, and that, the more they are diffused, the more difficult will it be hereafter to adjust the indemnities due to His Majesty's subjects. I trust, sir, that you will only see in the step I now take a continued proof of my desire to reof justice between the two countries which form store that good understanding and sincere sense the basis of real harmony in every society, and that you will therefore be induced to give this subject all the attention due to its importance. I beg leave to renew the assurances of my perfect respect, and pray God to preserve you many years. LUIS DE ONIS. Don Luis de Onis to the Secretary of State. SIR: I have just received information, from the King's Consul at New Orleans, of the capture, within sight of the Balize of that port, and at little more than musket-shot from the land, of the Spanish schooner "Hipolita," Captain Don Buenaventura March, by the pirate "Jupiter," under the Margarita flag. To enable you fully to judge of the atrociousness of this capture, manifestly in violation of the territory of the United States, I captain of the said schooner, made before His Majesty's Consul at the aforesaid port; by which it appears he was at anchor in the Pass of the Mississippi, and with Pratigue, from the Balize, on board, when he was boarded by the aforesaid pirate, and so inhumanly treated by him as to be left weltering in his blood on the deck. SIR: On the 1st instant I informed you of the arrival, at New Bedford, of the Spanish polacre "Pastora," captured by the American privateer "Swift," under the name of the "Mongore," and the flag of Buenos Ayres, commanded by a Cap-have the honor to enclose the declaration of the tain Barnes, a citizen of these States. Two days afterwards I addressed to you another note, stating the arrival, in the river and port of Baltimore, of the said privateer, with the booty piratically plundered from the subjects of the King, my master; and requesting that you would be pleased to obtain of the President such orders as would most effectually insure the confiscation It would be superfluous to affect your sensibility both of the vessel and the privateer, that they by a detail of the multiplied injuries and outmight be made answerable for the damages justly rages incessantly sustained by His Majesty's subclaimed by the owners of the property. Although jects in these ports; they have already been I am persuaded that it is the multiplicity of busi-admitted by the President in his Message to Conness that has prevented your answering my notes, gress, recommending the adoption of such measyet I cannot doubt that the President will have ures as in their wisdom may appear best calcugiven the orders I requested in them. Notwith-lated to repress them; thereby offering to the standing this, and the application made by His King, my master, a pledge that his Excellency Majesty's Consul at Baltimore, in the discharge admits the necessity of indemnifying them as far of his duty, to the attorney for that district, (a as possible. It is, however, with great regret that copy of which is annexed,) I regret to announce I have to remark on the delay in carrying such to you that the collector and the aforesaid attor-urgent measures into execution, and that the inney have thought fit to allow the said pirate to juries complained of have not been prevented by depart; and that, after having ascertained that a due observance of the laws of nations and of fact, the said attorney wrote a note to His Majes- the existing treaty, which, by the Constitution, ty's Consul, (copy of which is enclosed,) inviting has the force of a law in all the courts, in consehim to call at his house to confer with him on quence of its ratification by the President and the subject of his note. It is not my wish to trespass on your attention with the reflections that are naturally produced by such notorious proceedings, nor pointedly to notice the incivility of the attorney for that State towards a Consul of my nation; my only object is to bring to your view what has occurred in the case of the vessel that, by submitting it to the President, he may be convinced that the injuries sustained by the King's subjects in these ports, by the violation of the existing treaty between Senate. perfect consideration. God preserve you many years. Don Luis de Onis to the Secretary of State. SIR: I have just learned, with the greatest satisfaction, that the marshal of Baltimore has |