Relations with Spain.

supersede the rule of public law, but to acknowl- the President on this subject have led him to conedge and explain it. clude it the better course, on the whole, that the treaty should provide for these cases, even in such a form as that proposed by the Spanish Minister, than that they be left to the delays and uncertainties of further negotiation; in which it is not likely that Spain will be more flexible than she is at present, and which must, on that supposition, end, at best, in a return to arbitration on the point in controversy. You will be guided by this idea, therefore, in the arrangements which may be finally made.

Relations with Spain.

Relations with Spain.

ticular port, but blockade a whole sea, surrounded by many nations. These dangerous consequences ought to unite, in future, all nations against this principle, and particularly Spain, who has the highest interests in the rights of the sea. Of this, Spain appears to have been sensible in the year 1781, when she gave Russia full satisfaction for the captures of her vessels made in the Mediterranean, under the pretext of a general blockade of this sea, and followed it with her consent to the definition of a blockade as contained in the Armed Neutrality.

"5. That the United States have the greatest interest in remonstrating against the capture of their vessels bound to Gibraltar, because, with a few exceptions, their object was not to trade with the garrison, but only to ask advice or convoy for the ulterior objects of their voyages; so that, to hinder their voyages, is not to injure the enemies of Spain, but distress her friends. To this consideration it may be added, that the true object of a blockade is the subjecting the enemy to privations that may (co-operating with external force) oblige them to surrender-an object which cannot be said to exist with respect to Gibraltar; because it is well known that Great Britain can at all times supply, and actually did supply, the garrison with all it wanted.

"6. It is to be observed that the blockade of Gibraltar is founded, by the proclamation, on two considerations: one, that it is necessary to prevent as well an illegal commerce by neutral vessels as by Spanish subjects and the garrison there; the other, that it is a retaliation on Great Britain, for her manner of proceeding with her naval armaments against Cadiz and St. Lucar.

always been so distinguished for the justice and honor of his Government, will show the same disposition to the innocent merchants and mariners of the United States.

"The undersigned requests permission to add on this subject, that if it was admitted only for one moment that the circumstances of Gibraltar in February, 1800, would amount to a blockade, (and this is totally inadmissible ;) yet certainly the conduct of the armed boats and vessels of AÍgeziras is illegal and unwarrantable, because the force of a blockade ought to have been over when the blockade was raised, which certainly was the case when the British fleet lately entered and attacked the port of Algeziras; and because, on renewing of the blockade, a new proclamation ought to have been published, and the vessels that wished to go to Gibraltar ought also to have been advised of their danger, and permitted to alter their course, as they thought fit.

"Among the abuses committed under the pretext of war, none appear to have been carried to greater extravagance, or threaten greater danger to neutral commerce, than the attempt to substitute pretended or fictitious blockades for true ones, formed according to the laws of nations, and consequently none against which it is more necessary for the neutral nations to remonstrate effectually before these innovations may acquire the maturity and authority that repetitions on one side, and silent acquiescence on the other, never fail to give them.

"The great benefits that must result to active and enterprising nations, depending entirely on their industry, agriculture, and a free commerce for unambitious public and private happiness, cannot be unknown to the enlightened mind of your Excellency. It is particularly the interest of all nations to have their commerce free, and the rights of neutrality well secured: it will make them tranquil and content, and instead of viewing war as the best means of obtaining power and opulence, they will soon be convinced that the arts of peace are not only always the most legitimate, but at the same time the most certain as well as honorable.

"To no nation can the rights of neutrality be more valuable than to Spain. She is once more in peace, and the time may yet arrive when the United States being unfortunately involved in war with other nations, and Spain in peace, the latter may receive the same just and honorable attention to her neutral rights, which the United States now so earnestly solicit for her citizens."

"The first can never be considered as admissible by the neutrals, except under the supposition, that going into Gibraltar, under the existing circumstance, is an indulgence of Spain, and not a right of the neutrals. The other, without examing the analogy between the cases stated and that of Gibraltar, is equally without foundation or weight with the United States: against them no right can accrue to Spain for her complaints against Great Britain, unless it can be shown that the United States were in an unlawful collusion with Great Britain; a charge they well know Spain is too just and candid to make. No one can say, and they are certain that Spain will never suppose, that the United States will submit to the depredations made on their lawful commerce by any Power, or on any account whatever. The United States have demanded satisfaction from Great Britain, and other nations, and they have sought it by those honorable means which have always distinguished their love of peace and justice; and it is with great pleasure they see, in the Mr. Pinckney to the Secretary of State of the United last acts of Great Britain, of which the undersigned received official intelligence from their Minister in London, that he had signed a treaty in the last month of January, by which Great Britain agrees to proceed honorably to settle by arbitration all our demands of losses and prizes. "The United States see, likewise, in the Councils of France the same disposition; and are certain that their good friend, the King, who has

States.

MADRID, July 1, 1802. In my last I enclosed you all the correspondence I had then had with Mr. Cevallos, the first Secretary of State here, on the several subjects committed to me. At that time I had considered the subject of our claims for spoliations, as agreed to be submitted to arbitration by Commissioners, upon those general principles which would in

Relations with Spain.

clude every description; and, so supposing, 1 draughted the enclosed convention, agreeing to insert two instead of one Commissioner, as the Spanish Government wished it; to which draught no objection being made, (except as to the place of their sitting,) for the reasons given in my last I consented that Madrid should be inserted; had two fair copies of it made out, and prepared for signing, and transmitted them to the Secretary. To my surprise, however, instead of naming a time when I should call to sign the convention, as I had requested, I received from him the enclosed letter, marked No. 1, requesting an explanation of my meaning of the words, "y otros en sus dominios," previously to the signing. Immediately upon the receipt of this letter, I furnished him with the explanation he desired, (enclosed and marked No. 2,) and requested a conference with him. He appointed the Wednesday following, at the palace in Aranjuez, at which day I attended him, and entered fully into an explanation of the nature of our claims, as well for spoliations made by the subjects of Spain as by the subjects or citizens of other Powers who had been permitted to arm and equip their privateers in Spanish ports, and condemn and sell the vessels they had taken, under the authority of French Consulates exercising the powers of Courts of Admiralty; that this permission to arm and equip, and to condemn and sell, had, for reasons I stated to him, rendered the Spanish Government responsible to our citizens for all the losses accruing thereby to innocent and legal traders. That precisely the same thing had occurred at the commencement of the war between England and France in some of the American ports; that our Government, as soon as they were informed of it, had interfered and prevented it, and agreed to pay for such as had been previously taken and brought in and condemned; and that, having done so themselves, they had a right to expect it from others, particularly from a Government whose justice and honor they had always held in the highest respect. He replied, that certainly it was very honorable and generous in the American Government to do this; but he did not conceive they were bound to do it by the laws of nations, or agreeably to the dictates of justice; that His Majesty had fully considered the subject, and was ready to submit all the captures, detentions, or other acts committed by Spanish subjects to arbitration, but that he could not consent to do so, with respect to the captures by French privateers; and that he was ready to sign a convention with the exclusion of the words y otros en sus dominios.

made by the French, and he said His Majesty was determined not to include them, I wished to know if His Majesty would consent to a convention for the appointment of commissioners to arbitrate the Spanish spoliations, and insert an article express ly reserving to the American Government the right to demand and negotiate hereafter, on the subject of the French spoliations. He said be would mention it to His Majesty and send me his answer: upon my return, however, to my house, I thought it advisable to make another attempt to procure the admission of such words as might enable the commissioner to arbitrate all our claims, and I wrote him the letter, a copy of which is enclosed, (No. 3,*) and thus this affair stood at the end of the conference.

From the same to the same, dated

"JULY 8, 1802.

"I have just received a visit from one of the foreign encargados de negotios here; and, from his conversation with me, I find that the Swedes and Danes, and many other nations, have numer ous claims on this Government, similar to our own, for captures by the French equipped in Spanish ports, and vessels condemned therein, and that they are merely waiting to see the issue of our negotiations. This I told you before was one of the causes which increased the difficulty of our negotiation for this class of our claims, but I did not know before that the claims of other nations were to the extent I now find they are. The moment I make any arrangement with the Govern Mr. Cevallos knows this, and it is one of the reament here, the others will produce their claims. sons which makes the adjustment of the French spoliations a question of such magnitude, that Spain, with all her resources, would find it very difficult to meet them, for the greatest part of the claims of other nations are for violations of the Spanish territory by the French privateers equipped in Spanish ports. I sent yesterday to Mr. Cevallos the draught of another convention for his signature, and a request to him, to know his ulti

mate determination.

"This is the third I have sent him."

Extract of a letter from Charles Pinckney, Esq., Minister Plenipotentiary of the United States at Madrid, to the Secretary of State, dated

"JULY 6. 1802.

"In my last I acquainted yon with the state of our negotiations respecting the claims of our citi zens up to that time. I have now the honor to I answered, I was extremely sorry to find His enclose you Mr. Cevallos' letter, of the 26th ultiMajesty had thus determined, because our Gov-mo, marked No. 1, in reply to mine of the same ernment held a very different opinion on the subject of the captures and condemnations by the French privateers equipped in Spanish ports; and where opposite and different opinions of such importance were held by nations having equally a right to think and judge for themselves, I saw no amicable mode of determining the dispute but by arbitration; that, as my powers did not extend to the surrendering of our claims for the captures

month. In consequence of this, I draughted the letter No. 2, and requested another conference with him on that subject; he appointed yesterday. and I attended him. I begun the conference by apologizing for troubling him so soon after his return to Madrid, but that, as our affairs were important and pressing, and I had the opportunity

* Not received at the Department of State.

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of a gentleman returning to America, I wished territories, they were bound, by the laws of nations, very much to transmit to my Government the to exercise that right, and prohibit such armaments ultimate determination of His Majesty on the sub- and enlistments, and the condemnation and sale ject of our claims; that, as he had agreed, so far of our vessels; and that, not having done so, she as his own subjects were concerned, to refer them was liable to compensate and make reparation. to arbitration, I wished if in my power, to endeav- I then stated the reasoning of Vattel and Wolf or to convince his Excellency that the honor and on this subject, and those excellent ones of the justice of Spain required that our claims for French President, when Secretary of State, in his letters spoliations should also be included; that, in the to Mr. Genet and Mr. Morris: I also informed latter part of his letter, he had agreed to include him that I had written a letter, in answer to his the words "de otros," [of others] which was all we of the 26th ultimo, and had therein mentioned the wished, but had clogged them with an explanation only explanation I thought myself authorized to totally unusual and inadmissible. This was the enter into, with respect to the French spoliations; insertion of the words, "Segun los principios que that I would read it to his Excellency, and hoped constituyen la moralidad de las acciones y su res- he would still consent to sign the convention in ponsibilidad," [according to the principles which the manner it was drawn and sent to him. After constitute the morality of actions and responsibili reading the letter to him, he replied he was sorry ty on her part;] that I had no objection to insert I considered the words "la moralidad de las acthe words, "segun los principios que constituyen ciones" [the morality of actions] so inadmissible; su responsibilidad," [according to the principles that, however certain he was that Spain was not which constitute a responsibility on her part.] but bound by the laws of nations to make reparation that those of "la moralidad de las acciones" [the in these cases, yet to show she was willing to submorality of actions] would lead to discussions and mit the whole of her conduct to arbitration, he explanations, which would embarrass and proba- would consent to sign the convention with the bly defeat the whole arbitration; that we all knew insertion of these words; that he did not suppose, what the words, the laws of nations, and the stip- without them, the whole business would be proulations of our treaty, and the principles which perly before the board; that, when thus called made Spain responsible for the acts of others, upon to pay, or to risk the being liable to pay large meant; but that the morality of actions was a sums, by not one shilling of which the Spanish field so extensive, and the meaning so difficult to Government had ever been benefited, Spain had define, when applied to these cases, that I could the right to the insertion of such clauses as would wish his Excellency would leave the whole busi-authorize the full investigation of her then situaness to the commissioners to determine, upon the principles of justice and equity, the laws of nations, and the stipulations of our treaty; that it would be easily in my power to convince him that, upon these stipulations and principles, Spain was liable for those captures by the French, which had been made by privateers equipped and manned in Spanish ports, and for those American vessels and cargoes which had been brought in and sold in the same. I then went into a train of reasoning to show that, "as strangers can do nothing in a country against a Sovereign's will," that, therefore, the equipping and manning these privateers, bringing in and selling the prizes, to the amount of more than one hundred sail, was not a thing to be done in a moment, or concealed from the eye or knowledge of the Government; that, being thus known, it was fair to conclude it was permitted and countenanced, and that being so, if unlawful, Spain was bound to compensate; that the arming and equipping of vessels in the ports of Spain, to cruise against the United States, with which Spain was at peace, was certainly a violation of the territorial sovereignty of Spain; and that, if she had not prevented it, when it was in her power to do so, but winked at it to the injury of the United States, she is bound to repair; that, by the law of nations, it is not permitted to a stranger, nor can any foreign Power or person levy men within the territory of an independent Government, without its consent; that he who does it may be rightfully and severely punished; that, as Spain had the right to refuse the permission to arm vessels, and raise men to man them, within their ports and

tion, conduct, and motives, as it would only be upon a thorough examination of the whole, that the commissioners would be enabled to judge whether, according to justice, equity, and the faith of treaties, or, what he considered ought to be as fairly before the board as any of them, the principles which constitute the morality of actions, or her responsibility, she ought to be really responsible for the acts of foreigners in her dominions, under the circumstances of these cases; that he had fully considered the subject, and could only sign that part of the convention with the insertion of these words. Finding him not to be brought to a change of his opinion, I told him the claims were so important, and my instructions so clear and positive, that I did not conceive myself authorized to depart from the proposition I had made, or to insert words unusual and difficult to define, and which might tend to embarrass and defeat the arbitration; that I preferred closing with him on the ground of the Spanish spoliations, inserting a clause, reserving to us a right to reclaim and demand for the French, in the same manner as if this convention had not have been made, and referring the whole business, as it now stands respecting the French spoliations, to my Government, for their decision; that if they viewed it in the same light I did, they would probably direct some other mode to be proposed for adjusting these claims, or, at any rate, instruct me what was further to be done; that, for the present, I would draught and send him another convention, confined to the Spanish spoliations, which is now doing, and will be transmitted to him as soon as finished.