ious that you should be made acquainted with them as early as pustible, and lose no time, therefore, in laying them before you. The projet of the treaty was drawn up by me, and, of course, contains the principle of perfect reciprocity in the commerce and avigation of the two countries, according to the spirit of the act of 7th January, 18:4. This was objected to, as might have been expected, and an effort made to introduce the fourth article of their treaty with Great Britain, which contains an exception, in my opinion, highly objectionable. It is at the close of that arti cle, in these words, excepting only the American nations which were formerly Spanish possessions, to which, on account of the fraternal relations that unite them to the United Mexican States, the latter may grant special privileges which shall not be extended to the donations and subjects of his Britannic majesty." It was agreed to reserve the point of perfect reciprocity in the commercial relations between the two countries, but I most strenu ously opposed the exception above cited, and, as at present advis ed, will over sign a treaty on such terms. The mail leaves the city in a few hours, so that I have not time to give you the arguments which were urged for and against it. My principal objections, are the impolicy of admitting any dis tinctions in the interests of the American states which would tend to unite these more closely, and place us in soune contingencies without the pale. Treaties, in all probability, by this time, have been coucinded between the United States and Buenos Ayres and Chili, on such terms as would render a provision of this na ture nugatory in time of peace; but, in the event of a war be tween the United States and either of those powers, an event which, however remote, ought to be provided against, such an exception would enable this country to assist very materially dur enemies, without violating the treaty. With these impressions, and with this view of the subject I will not agree to this provision; and as I know the plenipotentiaries and the president of the Mexican states to be obstinately bent on carrying this point, I earnestly solicit that you will instruct ine, if you think I ought to yield it."

17.

Extract of a letter. No. 22, from Mr. Poinsett to Mr. Clay, dated
Mexico, 28th September, 1825.

of such a provision in the treaty-that I regarded a war between
the United States and any of the other republies of America, as
a very remote and improbable event; but that I never would con-
sent, by treaty, to place the former in a less favorable situation
become so. This was the substance of our discussion, at the first
than their enemies, if, unfortunately, those republies should ever
versation, in a manner that induced me to believe they were bent
conference on this subject. It has been alded to since, in con-
on carrying their point, and they must have perceived that I was
"Yesterday, after adjusting all other disputed points, inserting an
equally decided not to yield it.
article, similar to the 15th articie of our treaty with Spain, signed
at San Lorenzo el Real, in 1795, and one on the arrest,detention,
and delivery of fugitive slaves, this subject was again ren wed.
The president, they said, was so decided on the subject that they
feared there could be no treaty without it. I replied, that I was
take of this subject, and I could not ag.ee to a provision which
perfectly aware what would be the view my government would
would cause the treaty to be rejected at Washington; that such dis
tinetions were entirely contrary to the course of policy we were
desirous America should pursue, and that, by persisting in them,
American republies, and that uselessly, because whatever advantage
Mexico placed herself in ooposition to the inter sts of all the other
she had promised herself from such an exception in favor of the
non, as the other American states had made their treaties on a dif
former Spanish colonies, it was now manifest that she could derive
ferent basis. I remarked, too, that it appeared to me v ry singu.
lar, that they should persist in their desire to insert a provision in
this treaty which had already occasioned the non-ratification of the
first Mexico had entered into; certainly exposed the second to be
rej cted by England, for the plenipotentiaries of that power had
consented to it, only because the treaty with Colombia had been
made and ratified here; and which would insure the rejection of
"The plenipotentiaries replied, that all the Spanish American
this treaty at Washington, if I were to consent to it.
republics had not made their treaties, and instanced Peru and Gna
teniala. They readily admitted that Peru would, in all proba
bility, follow the example of Colombia; and I then obs rved, that
after what had so lately passed between Mexico and Guat mala,
by which it was evident that the latter had more to fear than to
which would place her in closer union with Mexico, and separate
hope from the former, she would scarcely adopt a line of policy,
her from the other states of America. As it was late before this
"This morning, early. I received a visit fros) Don Ramos Arispe,
subject was touched upon, little more passed yesterday.
a priest and an intimate of mine, who brought me a proposal from
the plenipotentiaries, to annex a condition, that the exception
treat with Mexico on the same terms. I told him, that I must per
should extend only to those Spanish American nations who would

"Anxious to conclude the pending negotiations, in time for the president to communicate the result in his message to the next Congress; I urged the president of these states, either to permit Alaman to continue them, or to appoint another plenipotentiary. He preferred the latter alternative, and has given powers to Don Jose Gomez Pedraza, the secretary of war, who now holds the port folio of the minister of foreign regulations, ad interin. The sec retary of the treasury, being about to have town for the coast, on business connected with the capture of the castle of Ullua, a desire was expressed to complete the negotiations before his desist in my objection, ani would not admit the principle at all: that parture. In consequence we have had two conterences, yesterday and to day, but the exception contained in the fourth article of the treaty, between Great Britain and Mexico, to which I auded in my communication No. 18, and to which the plenipotentiaries pertinaciously adhere, has prevented our coming to any conclu

sion.

They continue to urge the fraternal ties by which they are bound to the American nations, which formerly were Spanish possessions, and the treaties of alliance, offensive and defensive, which have been made between them. But what really prevents them from yielding the point, is their having succeeded in per suading the British negotiators to consent to insert this exception in their treaty. I will, however, give you a succinct account of what passed, at our several conferences on this subject.

I believed the exception Mexico insisted upon making, would avail her nothing, for no other American nation would agree to it; but that any distinctions at all, among the nations of America, were, in my opinion, destructive of the best interests of this hemis tiaries of this government to the congress of Panama, I hinted to phere. As I knew that he is appointed one of the plenipotenhim that the course of policy Mexico app ared determined to purs sue, would leave her at that congress entirely alone: for it was to be expected that those American republies, who stood towards cach other on the same footing, and whose interests were id ntical, would be united more closely among themselves than with a third, to unite herself more closely with a European power than with which had thought proper to pursue a separate line of policy, and them, notwithstanding they had obviously all the same interests. course of policy pursued by the United States towards these coun After some further discussion, in which I went over the whole tries-and recapitulated the reasons which induced me to believe that the great interests of America required us all to be intimate

ed to use his influence to induce the president and the pleuipoten tiaries to yield this point.

"I first objected to the exception in favor of the American nations formerly Spanish possessions, on the ground, that no distinctions ought to be made, between any of the members of the great American family; that Great Britain, having consented to such a provision, ought not to influence the United States, bely united, he either was or pretended to be convinced, and promis cause the republics of America were united, by one and the same interest, and that it was the interest of the European powers to cause such distinctions to be made as would divide it into small confederacies, and, if possible, to prevent us from so uniting, as to present one front against the attempts of Europe upon our republican institutions. That it might therefore have been considered by the British plenipotentiaries, important to lay the foundation of distinctions which must disunite us; but that it was rouch more manifestly our interest, that all the states of America should be united as intimately as possible, in an union which could only exist on the basis of the most perfect equality and reciprocity.

The plenipotentiaries of Mexico observed, in reply, that Mexico was united by fraternal ties and strong sympathies, to the nations which had, like themselv s, shaken off the yoke of Spain; and that they had concluded with them an offensive and defensive alliance, which united them more intimately, and placed them on a different footing, from that on which they stood towards the United States. To which I rejoined, that the policy we had observed towards these countries, gave us a right to expect, that no such distinctions as those sought to be introduced into the treaty, should be made in our case, and entitled us to be considered on, at least, an equal footing with any of the American republics. And further, that this exception could now avail them nothing, as our treaty with Colombia, and those probably by this time concluded with Buenos Ayres and Chili, contained no such provision. The pienipotentiaris of Mexico hastily remarked, that a war might dissolve any one of those treaties, and in such an event, they thought Mexico ought to possess the power, to evince her sympa thies in favor of either of the American nations, which had been formerly Spanish possessions, without violating her neutrality.To this observation I replied, that I considered this argument conclusive, why the United States should not accede to the insertion

"We met at noon, and the plenipotentiaries of this government commenced the conference, by saying, that as I had not agreed to the modification proposed to me through Arispe, they had now one to submit to me, which they presumed I could not r- fuse, as I had the day before expressed an opinion that their treaty with Great Britain would be rejected in London, on the ground of this exception. They then proposed to insert the following words"with respect to the exception contained in the article, which it shall be understood in the same terms which finally shall te speaks of the republies which formerly were Spanish possessions, agreed upon, in relation to this subject, between Mexico and England."

To this proposal I instantly replied, that I would prefer agrecthe decision of Great Britain; that our interests were separate and ing to the article as it stood rather than consent to be governed by distinct: that nation formed one of the European powers, and the United States were the head of the American powers; and thatin treaties which were intended to strengthen the interests of the lat ter, no allusion ought to be made to those male with the former: Great Britain had concluded a treaty with these states in order to were European, whereas ours were strictly American. With re secure a profitable commerce with the Americans, but her interests spect to the opinion I had advanced, that their treaty with England would not be ratified in London, I had been induced to sup pose so from the fact, that one of the plenipotentiories of that It had been government had assured me the exception in question never would have been agreed to by them, if they had not been shown the treaty with Colombia, which contained this principle of ezratified hee, and they supposed it would be ratified in Colombia, elusive alliance among the Spanish American states. and therefore consented to what they considered irremediable.

Patisfied that we were excluded as well as themselves. If, there fore, this state of things constituted their only motive for agreeing to it, and they had so declared to their government, I had a right to suppose, as the principle was not sanctioned by Colombia, that the treaty, with that condition, would not be ratified in London: and I knew that the charge d'affaires of his Britanie majesty had sent in a note to explain the only reasons why the British plenipo tentiaries bad agreed to that provision in the treaty, and to declare that, as the treaty between Mexico and Colombia bad not been ratified by the latter, those reasons no longer existed, and the exception ought to be expunged. If the cabinet of London took the same view of it, the alteration would be insisted upon; but, on the contrary, if it should appear to then more important in a political than in a commercial view, they might not object as an European power, to the establishment of such distiuctions as those proposed, because these must necessarily separate the interests of the Ame rican republics, and that nothing but the policy Great Britain might be disposed to adopt towards America, as one of the European powers, could induce them to make so unnecessary a sacrifice of their commercial interests.

The

can States, on the subject of the proposed commercial conventio a point of difficulty has arisen, which has been agreed to be re served. The point is an exception in favor of the American nations which were formerly Spanish possessions, to which, on count of the fraternal relations that muite them to the United Mexi can States, the latter may grant special privileges which shall not be extended to the dominions and citizens of the United States. The president approves of your refusal to accede to that exceptjon. The United States have neither desired, nor sought, to obtain, They for themselves, in their commercial relations with the new states, any privileges which were not common to other nations. have proposed, and only wished, to establish, as the basis of all their commercial treaties, those of equality and reciprocity. They can consent to no other. Ready, themselves, to extend to the United Mexican states any favors which they have granted to other nations, the United States feel themselves authorized to demand, in this respect, a perfect reciprocity. They could not agree to treat on the principle of a concession to any European power, of commercial privileges which were denied to thein. They would "The plenipotentiarics of that government then asked what feel even more repugnance to the adoption of such a principle, in would be their situation if their treaty with Great Britain should respect to any American nations, because, by placing the United As you bad not arrive ratified, after they had signed one with us without inserting States, in some degree, out of the pate of that American systemis This exception. Aware that this was the real difficulty, as well as of which they for no unessential part, it would naturally wound the source of this obstinacy on their part, I replied, that, in my the sensibility of the people of the United States. opinion, as the plenipotentiaries of Great Britain had been induc- time, at the date of your despatch, to communicate the reasons ed to consent to this exception, from the mistaken belief that the which were urged in support of this extraordinary exception, they reaty with Colombia, in which the principle was established, would can only be collected from the tenor of the clause juserted in the be ratified by both parties, and that, therefore, they must admit British treaty, which you have cited. That clause asserts, as the it, however objectionable, or make no treaty at afl with Mexico; motives for the exceptionist, That the new states, in whose favor and as these motives had fallen to the ground with the rejection it is to be applied, were formerly Spanish possessions; and 2d, That of the treaty by Colombia, it would be not only decorous but certain fraternal relations unite them to the Mexican states honorable in the Mexican government to agree, at once, to ex-validity of neither of these reasons can be perceived. What is there that exceptionable provision of their treaty with Great in the nature of the fact that those nations were once bound, by a ritain One of the plenipotentiaries who had assisted at the con- cominon allegiance, to Spain, to justify the exception? Can any rule ferences with those of Great Britain, protested that the motive be fairly deduced from a colonial condition, which should govers alleged by the British plenipotentiaries had not been the only one. independent nations, no longer bound by any common tie? Is I could only repeat, that one of the British plenipotentiaries had there not something derogatory from th: character of free states, assured me it was entered on the protocol of the conferences, that and free nien, in seeking to find a rule for their commercial inter the previous treaty of Mexico with Colombia was the only motive course in their emancipated condition, from a retrospect of their is to be the limit of this principle? If the accident of a coloni which induced them to accede to this exception in favor of the colonial state, which was one of dependence and vossalsge? What Spanish American states. "They continued to insist that they were bound by fraternal ties connexion, under a common sovereign, is to justify a peculiar rule to the Spanish American states, and that it was natural they should for the emancipated colonies, may not that commun sovereign also And then it would be incumbent upon the United States to cut unite themselves more intimately with states in their infancy, insist, on the ground of ancient relations, upon special privileg a whose interests were identified 'with theirs, from the peculiar cir cumstances in which they mutually stood towards Spaio, than withsuler if they had not been premature in their recognition of the a nation already in adolescence, and which had to pursue a dif independence of the United Mexican States, But if the fact of the create an exception of commercial privileges in their behalf, the ferent policy towards Spin, on account of the relations they had Spanish dominion having once stretched over the new states, is to with the other powers of Europe. To these observations I re plied, that against the power of Spain they had given sufficient United States, upon a similar ground, have a right to demand the proof that they required no assistance, and the United States had benefit of it. For the sanie Spanish dominion, once, and at no very pledged themselves not to permit any other power to interiere distant day, extended over the larger part of their territories, and either with their independence or for n of government; and that, all that part which is conterminous with those of the United Mexr With respect to the second reason, deducible from the clause in as in the event of such an attempt being made by the powers of can States. Europ, we would be compell d to take the most active and effici ent part and to bear the best of the contest, it was not just that we the British treaty, there is no statement of the nature of those fra should be placed on a less favorable footing than the other repub ternal relations which are supposed to warrant the exception, lics of America, whose existence we were ready to support at such Certainly as between the United Mexican States, and the other new hazards They interrupted me by stating that we had no right to nations carved out of the former Spanish colonies, none are known Insist upon being placed on the same looting with the Spanish Ame to the world which can sanction the exception. The United Mes rican states, unless we were willing to take part with them in their ican States have, it is true, been waging war with Spain, con contest with Spain. I told them that such an act would be in the temporaneously with the other states; but hitherto there has berg highest degree impolitic towards all parties: it was true, that the co-operation of arms between them. The United Mexican States power of the United States was sufficient not only at once to put lave, alone, sustained their contest. If the idea of those fraternal an end to this contest, but, if the nations of Europe did not inter-relations is to be sought for in the sympathy between the American fere, to crush and annihilate that of Spain. This measure, how-belligerants, this synipathy has been equally telt, and constantly They have not, ideed, taken up arus in support of the indepen ever, which they now proposed, would infallibly produce what it expressed, throughout the whole struggl, by the United States. was so much our interest to avoid, the alliance of the great powdence of the new states; fit the neutrality which they have main ers of Europe against the liberties of America. I then recapitu tained, has enabled them, more efficaciously, to serve the cause of Jated the course of policy pursued towards the Spanish colonies war. Had they become a belligerant, they would, probably, have by our government, which had so largely contributed to secure independence, than they could have done by taking part in the their independence and to enable them to take their station among drawn into the war, on the other side, parties whose force would the nations of the earth; and declared what further we were ready to do in order to defend their rights and kiberties; but that this have neutralized, if it bad not overbalanced their exertions, By spoken, to the powers out, with effect, and they have constantly so could only be expected from us, and could only be accomplished, maintaining neutral ground, they have entitled themselves to speak by a strict union of all the American republics, on terms of perfect equality and reci rocity; and repeated, that it was the obvi- of Europe. They disconcerted the designs of the Fatopean alli ous policy of Europe to divide us into small confederacies, with ance, upon the new states, by the uncalculating declarations which to acknowledge the independence of the United Mexican Statys separate and distinct interests, and as manifestly ours to form a they made, in the face of the world. They were the first to hasten single great confederacy, which might oppose one united front to and, by their example, dr. w after them Great Britain.

the attacks of our enemies.

"As this conference had already lasted some hours, for Spanish eloquence is diffuse, and as I understood their motives for insisting on this provision in the treaty, I broke it up, with a positive declaration, that, putting out of view my duty as representative of the United States, I regarded the proposed exception, in favor of the nations which were formerly Spanish possessions, so contrary to the best interests of the Americans, that I never would agree to its insertion in a traty between the United States and any of the American republics."

13.

Mr. Clay to Mr. Poinsett.

f
Department of state, Washington, 9th Nov. 1825.
Sir: Since the date of my letter, of the 20th of September last,
your despatch to No. 21, have been received. That of the 5th
September, 1843, was received yesterday. They have all been laid
before the president, and I shall now make the remarks which ap-
pear to be called for by the last, being the only one which seems
to require particular notice. In that you state that, in the course
of your conferences with the plenipotentiaries of the United Mexi-

It has, no doubt, not escaped your observation, that, in the case of the treaty which has been concluded between the United States and the Republic of Colombia (and of which, a printed, authentic copy, as it has been ratified by the two governments, is herewith the contrary, it is expressly stipulated in the second article, that transmitted) no such exception was set up by that republie. On the parties engage mutually, not to grant any particular favor to ulier uations, in respect of commerce and navigation, which shati no, inmediately, become common to the other party, who shall enjoy the same freely, if the concession was fre ly made, of on allowing the same compensation, if the concession was con ditional."

There is a striking inconsistency in the line of policy which the United Mexican States would seeur disposed to pursue towards the United States. They would regard these states as an American nation or not, accordingly as it shail suit their own purposes. fa respect to comerce, they would look upon us as an European nation, to be excluded from the enjoyment of privileges conceded to other American nations. But when an attack is imagined to be menaced by Europe, upon the independence of the United Mexican States, then an appeal is made to those fraternal sympa,

th

20.

shies which are justly supposed to belong to our condition as a member of the American family. No longer than about three Extract of a letter, No. 15, from Mr. Everett, minister to Spain, months ago, when an invasion by France, of the island of Cuba, was believed at Mexico, the United Mexican government promptly called upon the government of the United States, through you, to fulfil the memorable pledge of the president of the United States in his message to congress, of Deermber, 1823. What they would have done, had the contingency happened, may be interred from a despatch to the American minister at Paris, a copy of which is herewith sent, which you are authorized to read to the plenipotentiaries of the United Mexican States. Again: the Unitment, in the most delicate manner possible, the full conviction

ed Mexican government has invited that of the United States to be represented at the congress of Panama, and the president has determined to accept the invitation. Such an invitation has been given to no European power, and it ought not to have been given to this, if it is not to be considered as one of the American na

The president indulges the confident expectation that, upon reconsideration, the Mexican government will withdraw the exception. But if it should continue to insist upon it, you will, upon that ground, abstain from concluding any treaty, and put an end to the negotiation. It is deemed better to have no treaty, and abide by the respective commercial laws of the two countries, than to subscribe to a principle wholly inadmissible, and which, being assented to in the case of Mexico, might form a precedent to be

extended to others of the new states.

I am, your obedient servant,

Jael R. Poinsett, envoy extraordinary and minister plenipotentiary U. S. Mexico.

19.

Mr. Clay to Mr. Brown.

H. CLAY.

to the secretary of state, dated Madrid. November 21, 1825. "After conversing with the duke, (del Infantado), so much as was necessary upon the direct relations between the two coontries, the opportunity being favorable for a longer interview, I availed myself of it to introduce the subject of the colonis, upon which I ha not before said any thing to him. I told him that it was a part of my instructions to intimate to his majesty's governof that of the United States, that the question of the independence of the colonies, was, in point of fact, settled; and their strong desire, that the war might as soon as possible, be brought to a close. 1 enquired of him whether there was at present any disposition in this majesty's cabinet towards a change of policy upon this suby et. He replied in the negative, but did not ex press himself to this effect with the same fulness and decision, that I had observed in Mr. Z-a's communications. I presune, however, that this difference, which was certainly very perceptible and obvious, is rather owi g to the diff rence in the characters of the men, and their habit of expressing themselves, than to any actual intention in the cabinet to yi id At least, I do not learn from any other quarter, that such an int ation is sup posed to exist. The duke said, that the matter was a delicate one; that be could easily imagine how inconvenient and injurious it must be to the United States to have this struggle constantly going on at their doors; and that he was not surprised or dissatis fied, that they should exert their influence in endeavoring to pro cure the ter nination of it in the way which they thought just; but, that the king could not yet resolve to abandan bis rights, or give up the hope, that these countries would, in oue way or another, be ultimately brought back to their allegiance. I then suggested to him particularly the opinion entertained by the government of the United States, that the loss of the islands of Cuba and Porto Rico, would be the inevita le effet of the continuance of the struggle for two or three years longer; but that Spain, by making peace at once, might very probably retain them. When I made this remark to Mr. Zea, he answered that the king did not consi der these islands as in danger in any event, and that his majesty confidently trusted, that he should not only retain then, but re conquer, very shortly, all the other American provinces. The duke's answer was quite different. He inquired of me, in reply, upon what evidence the American government founded the opin ion, that Spain would be able to retain these islands, in case of her recognizing the independence of the other colonies. This question seemed to suppose the persuasion, that the islands must at all events be lost, unless the king should recover the whole of his American possessions. I replied, that the principal circum stance in favor of this opinion was the fact, that no symptons of a disposition to separate from the mother country had yet appeared in the islands; and that as their situation, in consequence of the opening of the ports, was extremely flourishing, there was room to suppose, that they were contented with it. He acqui esced in this remark, and expressed his deep regret, that a sinilar system of allowing a full freedom of trade, had not been adopt ed in season, in regard to other colonies. This was the substance of our conversation. The general impression I received from it was, that there is at present no direct intention in the cabinet to change their policy, but, that there is at least as much proba bility of a recognition now, as before the late ministerial revolu tion. I mentioned to the duke, that Mr. Ze had expressed a wish, that I would give him in writing what I had to say by order of my government upon this subject, and enquired of him, whether this would also be agreeable to him. He said that he had no ob jection whatever to receive such a communication; and I shall accordingly, at my leisure, prepare and transmit one."

Department of state, Washington, October 25, 1825. Sir:-During the last summer, a large French fleet visited the American seas, and the coast of the United States. Its object naturally gave rise to much speculation. Neither here, nor through you, at Paris, was the government of the United States Fuade acquainted with the views of that of France, in sending ut so considerable an armament. The president conceives it due to the friendly relations which happily subsist between the two nations, and to the frankness by which he wishes all their intercourse to be characterized, that the purpose of any similar movement, hereafter, made in a season of peace, should be commmunicated to this government. You will, therefore, inform the French government of his expretation that such a communica tion will, in future, be, accordingly, made. The reasonableness of it, iu a time of peace, of which France shall enjoy the blessings, anust be quite apparent. The United States living, at the present period, constantly to maintain, in the gulf of Mexico, and on the coasts of Cuba and Porto Rico, a naval force on a service beneficial to all commercial nations, it would appear to be quite reasonable, that, if the commanders of any American squadron, charged with the duty of suppressing piracy, should meet with those of a French squadron, the respective objects of both should be known to each. Another consideration to which you will advert, in a friendly manner, is the present condition of the islands of Cuba and Porto Rico. The views of the executive of the United States, in regard to them, have been already disclosed to France, by you, on the occasion of inviting its co-operation to bring about peace between Spain and her former colonies, in a spirit of great frankness. It was stated to the French government that the United States could not see, with indifference, those islands passing from Spain to any other European power; and that for ourselves, no change was desired in their present political and commercial condition, norfin the possession which Spain has of them, In the same spirit, and with the hope of guarding, beforehand, against any possible difficulties on that subject, that may arise, you will now add that we could not cousent to the occupation of those is hands by any other European power than Spain, under any contingeney whatever. Cherishing no designs on them ourselves, we have a fair claim to an unreserved knowledge of the views of other great maritime powers in respect to them. If any sensibility "I received, two or three days ago, from Mr. King, a copy should be manifested to what the French minister may choose to of the instructions to Mr. Middleton, on the affairs of Spanish regard as suspicions entertained here, of a disposition on the part America. It came very oportunely, while I was engaged in of France to indulge a passion of aggrandisement, you may dis- preparing the note which I intend to address to this govern avow any such suspicions, and say that the president cannot supment upon the same subject. This communication as it re pose a state of things, in which either of the great maritime pow- quires to be drawn up with care and caution, does not admit ers of Europe, with or without the consent of Spain, would feel of being hastened, and will not probably be ready before the first itself justified to occupy, or attempt the occupation, of Cuba or of January. I learn with much pleasure, through the medium of Porto Rico, without the concurrence, or, at least, the knowledge Mr. Brown, that the overture made by Mr. Middleton at St. Pe of the United States. You may add, if the tenor of your commutersburg, has been well received, and is likely to produce a favornications with the French minister should seem to make it neable effect. I shall take an early opportunity of conversing anew cessary, that, in the course of the past summer, rumours reached with Mr. D'Oubril, upon the subject, and of ascertaining what this country, not merely of its being the design of the French are his present instructions." fleet to take possession of the island of Cuba, but that it had, in fact, taken possession of that island. If the confidence in the government of France, entertained by that of the United States, eould not allow it to credit these runiours, it must be admitted, that they derived some countenance from the weakness of Spain, the intimate connection between that monarchy and France, and the general ignorance that prevailed, as to the ultimate destination and object of a fleet greatly disproportionate, in the extent of its armament, to any of the ordinary purposes of a peaceful

commerce.

You are at liberty to communicate the subject of this note to the French government, in conference or in writing, as you may think most proper; but, in either case, it is the president's wish that it should be done in the most conciliatory and friendly manper. Iain, with great respect, sir, your most obedient servant, 11. CLAY. James Brown, envoy extraordinary

and minister plenipotentiary P. S.to France.

21.

Extract of a letter from Mr. Everett to Mr. Clay, No. 17, dated at
Madrid, December 12, 1825.

22

No. 18. Mr. Everett to the secretary of state.

Sir: I have the honor to transmit, herewith, a translation of a decree which has just been published, for establishing a council of state. A council has already existed, I believe, ever since the king's return, hearing the same name, composed of nearly the same per sons, and charged with, substantially, the same duties as this; but the king has not been in the habit of calling them together. The only thing, therefore, really new in the decree, is, the part which declares that the council shall meet every day, and remain in session three hours. How far this regulation is likely to be observed, is, of course, a matter of mere conjecture. It is rather singular that no allusion is made to an existing council, and that the decree purports to be for the establishment of an entirely new The measure is considered here as pretty important, but I do not see that it is likely to introduce any very great changes either in the principles or proceedings of the government. The

one.

latent object of the institution is, probably, to get rid of the ministerial council established by Mr. Ze9; no allusion is, however, made to the latter, in the decree which thus supersedes two of these high state corporations, without naming either. Some of the most considerable members of Mr. Zea's council are transferred to the new one, including the president, gen. Castanos, a person much respected by all parties, and of known liberal sentiments He told me, yesterday, that this was the fifth council to which he had been called, as they were successively instituted. He does not appear to anticipate any very important consequences from the;

innovation.

I

him the views of the president of the United States, in relationto the islands of Cuba and Porto Rico, and that I had then stated to him that the United States could not see with indifferencs, those islands passing from Spain to any other European government: and that for the United States, no change was desired in their po litical or commercial condition, nor in the passession which Spain has of them. I informed him that I was now instructed to add, in the same frank and friendly spirit, and in order to guard against all possible difficulties that night arise on the subject, that we could not consent to the occupation of those islands by any other European power than Spain, under any contingency whatever.— There are some things, however, in the decree, and in the Disclaiming, as we now did, all desigus on them ourselves, we be composition of the council, which may he construed into indica lieved w might justly claim an unres: rved communication of the tions that the measure has been taken with a view to a more care views of the other great maritime states in relation to them. ful consideration of the great question of America. Among the observed that the president could not suppose a state of things in members named who, exclusively of the ministers, amount to which it would be right or proper that possessions so important only fourteen or fifteen, are the archbishop of Mexico, the vice- should be occupied by either England or France, without the con roys of Mexico, Venegas, and Apodaca, under new names, the currence, or at least knowleg of the United States. The baron de Damas appeared to concur entirely in the view duke de San Carlos, an American, and Ether Cyril who has been which I took of the subject, and inquired whether it had been in America. The last is considered the ablest man in the couneil. It is worthy of remark, that none of these, except San Carlos, mentioned to the British government. I told him that a similar were of the old council of state. General Castanos is friendly to communication had been made to Mr. Canning, and I had suffi cient reason to think that the British government concurred with Provision seems the recognition of the independence of America the president in the policy of not disturbing the possession of to have been made in this way for bringing into the meeting a those islands in favor of either of the great maritime nations. great deal of positive information upon American affairs. I then, in the most delicate and friendly manner, alluded to the The decree also mentions that this question is one to which the attention of the council is to be particularly called and speaks of French squadron which had appeared in the West Indies, and it in terms which will hear a favorable interpretation, although on the American coast last summer, and stated that my governe they do not necessarily require it. Among other things deserving ment would expect that in case France should agai send out a naval force disproportionate in the extent of its armament to the consideration, are enumerated "the weighty affairs of the colonies in America, which are endeavoring to separate from the mother ordinary purpose of a peace establishment, its design and object should be coinmunicated to the government of the United States. country, by a necessary effect of the dangers to which the crown has been exposed." To acknowledge the necessity of the separa The baron de Damas answered that the vessels composing that ber on each station was not more than sufficient for the str tion on any account, sems to be a large step towards the acknow. squadron had been stationed at different places, where the num Jedgment of the new states, and to call the effort to separation a necessary effect of the late political crisis, is, perhaps, to give the vice of protecting French commerce and their West India is best possible justification of it. The passage may, however, be in-lands; that it had become necessary definitively to settle the relaterpreted in a different sense; and there is, at present, no other tions between France and St. Domingo; that this squadron w evidence of any recent change on this subject, in the disposition of hastily collected for that object, and that the nature of the service the goverment The French newspapers abound, as usual with required secrecy. He said that it was not only right in itself. but had been customary with the French government to commuaccounts of constant efforts made here by the foreign powers, pecially the British minister, in favor of the colonies; hut these nicate to friendly governments, in time of peace, the objects of accounts are also, as usual, without the slightest foundation. Mr. Considerable fleets sent on distant service; that the peculiar circumstances in the instance I alluded to, had occasioned a deLamb and myself converse, habitually, on this subjet, with per-1 feet freedom, and I am ertain that he has said and done almost parture from the rule, but that, in future, the United States should he duly apprised of the objects of every such squadron, sent into nothing for the Americas since I have been here; the others never their vicinity. The baron de Datas closed the conference by say interfere with this subject, exe pting, perhaps, the French amwhom, he was sure, it would give great satisfaction. bassador, who has recently arrived, and with whose proceedings 1g that would communicate what had passed, to the king, to am not so well acquainted.

On the same day I addressed a short note to the baron de Damas, I lately read to the duke del Infantado a part of a letter I had of which I enclose a copy, and meeting him in the evening, I told received from New York, which spoke with great confidence of the probabilty of an early and successful attack upon the island of in an informal manner, that I had written it with the design Cuba, by the Mexicans and Colombians. The intelligence evident of avoiding any mistake in my communication to the president, ly made an impression upon him. He asked me, among other of what had passed at the conference. He said that he was well things, as he has done before, what security there would be for satisfied that no mistake existed on either side, and that he had I have the honor to be, with great respect, sir, your most obe. the possession of Cuba, in the event of recognizing the colonies. communicated our conversation to the king. JAMES BROWN. dient servant, I replied, by stating the general reasons why they should not wish his to separate. It has since occurred to me that the duke, by repeated questions to this effect, intended to intimate a desire that a guarantee for the fidelity of Cuba, should be offered by the United States or by the Spanish American powers. This was proposed directly by Mr. Zea to Mr. Nison and to me, as a considera tion for admitting our consul et the Havana.

Since I wrote to you last, I have been principally engaged in preparing my note upon the affairs of the colonies. It is, now, nearly ready, and I shall, probably, send you a copy with my next The in despatches. The other affairs remain in the same state. telligence of the death of the emperor of Russia arrived here about ten days ago, and was soon followed by that of the quiet succession of his brother Constantine. It does not appear that the change will produce any immediate effect upon the state of political affairs. The money market is exceedingly depressed in France and England, and the distress among the merchants is great er than was, alinest, ever known before; but the crisis appears to have arisen, in part, from pure panic, and will, in all probability, pass off very soon, leaving the value of public stocks somewhat lower, perhaps, than it stood before. The French parliament is

summoned for the 31st of this month.

I have the honer to transmit, herewith, copies of the notes which I have addressed to the minister since my last despatches, and of some official articles of general interest, and remain with high respect, sir, your most obedient humble servant.

Madrid, January 1, 1825.
Hon. Henry Clay, secretary of state.

(a)

Mr. Brown to the baron de Damas.

Paris, 2d January, 1826: Sir: In the month of July last, I had the honor to state to your excellency, with the utmost frankness, the views of the president of the United States, in relation to the Spanish islands of Cuba and Porto Rico. informed you that the United States could not see, with indifference, those islands passing from Spain to any other European power; and that the United States desired no change in their political or commercial condition, nor in the possession which Spain had of them. In the conference with which your excellen y honored me on this day, I repeated the same assurances, and added, in a spirit of friendship, and with a view of guarding he forehand against any possible difficulties on the subject which might arise, that any government could not consent to the occupstion of those islands by any other European power than Spain under any contingency whatever.

Having understood your excellency to say that the policy and views of the United States, as disclosed by me, corresponded with those of his majesty's government, I shall not fail to communi cate the information to the president, who will feel happy in find the two nations spreeing on a point of so much importance to the tranquillity of that portion of the globe. I request your excellency to accept, &c. A. H. EVERETT. JAMES BROWN. His excellency baron de Damns. Minister of foreign affairs, &c. &c.

PANAMA. Aided by a supplement to the last num

P. S. Upon looking again at the decree upon the council of state, which was out of my hands when I was writing the above, I find that the council is not described as a new institution, in such distinct terms as I had supposed and stated. The impression 1 had upon the subject was partly derived from conversation-ber, and by the free use of our small type, we are The existence of the council had been pretty generally forgot tep, and this revival of it has been commonly mentioned as the

establishment of an entirely new one; in efféet it is, as the king never called the members together under the foriner system.

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enabled to publish, this week, about twice our usual quantity of matter, and so dispose of many of the papers appertaining to the proposed mission to Panaina. We have completed all the documents transmitted to the house of representatives, in a regular and connected series, so that any or either of them may Paris 1th January, 1923. Sit: In order to comply with the instructions contained in your be found without trouble; and wished this week, also Cespoteb No 2, I obtained an interview with his execlency, the baye de Danas, on the 24 instant. I reminded him that into have inserted those communicated to the senate, mouth of July lag, I had, in a spira of frankness, disclosed to especially the report of the committee of foreign re

Mr. Braten to Mr. Clay.

lations to that body, but as the whole could not be inserted in the present sheet, we have thought it better to postpone them until our next, and bring up the congressional journal, &c.

"Sketches" of some of the speeches delivered in the senate, when the doors were closed--have been published, and it is probable that the senators will, pretty generally, spread their views of the subject before the people.

As was suggested in this paper some days ago, it now appears that a Mr. Dawkins has been appointed by the British government to attend the congress at Panama.

THE SUPREME COURT terminated its annual session on Tuesday last week, after an incessant occupation of more than six weeks; during which time, (says the National Intelligencer) out of an hundred and ninety cases on the docket, the court was able to dispose of only forty-nine, leaving three-fourths of the docket untouched. It cannot be denied, after these repeated evidences of the fact, that the laws are not administered, under the present organization of the courts of the United States, as promptly or efficaciously as they ought to be.

FLORIDA. The following is published as an extract of a letter from an officer on board of the Constellation frigate, dated off the bar of Pensacola, 13th February, and conveys unpleasant news as to the harbour.

"Our ship is now in fine order and looks as well as any ship ever did in the service. We are all in good health. I fear this never can be made a large naval depot. We have been off the bar for the last four days endeavouring to get in; but it will be useless. We have not been able to find more than twenty feet four inches on the bar, and our ship draws twenty-one feet five inches; we shall in all probability, leave this to-morrow or the next day on a cruize, and return here again in the summer. The pilot says we may then get in."

MISSISSIPPI. A horrible affair took place near Woodville, on the 2nd of the present month. An African slave, belonging to a Mr. Carson, had several times run away, but was brought back; at last he left his owner with a determination not to be retaken. He was pursued by Mr. C. and a friend, and found at a neighboring house, and they shut the doors to prevent his escape, but the African seized an axe, knocked down his master with it, and thought he had killed him, and then broke open the doors with the instrument in his hand. He returned to the house of his master, and there, while Mrs. Carson was in bed and asleep, he, with the same axe, broke her skull into many pieces-and she never spoke afterwards, though she breathed a few hours. The negro THE SUSQUEHANNAH. During the two last weeks, then escaped and was pursued-he was fired upon about 20,769 bbls. of flour, 243,000 gallons of whis- and shot in the head. The wound was not immediatekey, with large quantities of wheat, corn, pork, ba-ly mortal, but it was thought would prove so. It was con, lard, &c. which descended the Susquehannah, | expected that Mr. C. would recover.

Among decisions had, was one of great interest to the people of Maryland, as to claims for quit rents by the heirs of lord Baltimore, which it was decided were relinquished and extinguished by certain acts of the British parliament in 1781.

arrived at Baltimore.

The Arkansas Gazette states that the Quapaw Indians have commenced removing from their lands on the Arkansas, which they ceded to the United States, in November, 1824, and are now on their way to the Red River country, under the direction of Mr. Barraque, sub-agent, to join the Caddeau Indians, on the southern border of the Arkansas territory. By this removal, a large valuable tract of land, in the heart of the Arkansas territory, is thrown open for cultivation and improvement.

It is with no small degree of pride that we an- ARKANSAS. The survey of the road from Little nounce the successful termination of a splendid pro- Rock to Cantonement Gibson is completed; its length ject got up by the patriotism and liberality of some is 208 miles. The Choctaw boundary has also been of the citizens of Baltimore, by which scientific pow-run and marked; sixty or eighty families in the couner has obtained a splendid victory over the natural ty of Crawford, and the whole of Miller county, impediments to a rapid and safe ascending naviga-said to be pretty populous, are found to be west of the tion of the noble river Susquehannah. The steam- line and within the Choctaw country. This tribe has boat named after the river, built in this city by the vo- only about 3,500,000 acres of land in the territory Juntary contributions of some individuals, has shewn of Arkansas. that all the obstructions may be overcome. She has proceeded, heavily laden, with a crowd of admiring people, ladies and gentlemen, to Danville, on the north branch, and Milton, on the west branch of the river, amidst the people collected on the shores, and salutes of artillery at various places. Her general grogress against the force of the current was about five miles an hour, and with it about twelve miles. She passed all the ripples and rapids in a majestic style. This victory opens to the people of those rich parts of Pennsylvania and New York, who reside adjacent to the Susquehannah, the happiest prospects, and should induce them and us to exertion, that the fruits of this generous experiment may be speedily realized. For the opinion is now given, March 17. Mr. Woodbury, from the committee on without hesitation, by those who have a right to judge agriculture, made a report on the subject, accomon the subject, that, at a reasonable cost, the Susque-panied by the following resolution: hannah (above York Haven) may be made navigable Resolved, That the committee on finance be instructby steam boats nearly all the year, unless obstructed ed to report a bill, providing for the repeal of the duby ice or extraordinary floods--the water being at all times sufficient, if rightfully directed and properly used. The steam boat had, at times, nearly 200 passengers on board of her. Her wheels are at her

stern.

Nineteenth Congress-1st session.

SENATE.

ty on imported salt in a manner gradual or immediate, as, in their opinion, either mode may be preferable, considering the estimates and probable estimates, and probable revenue of the current year.

The other business attended to on this and subse quent days, will appear in its progress. The milita We already have a "sketch" of the speech of Mr.ry appropriation bill was taken up. Mr. Cobb obHayne that would make 12 or 13 pages of the REGIS-jected to the item respecting the Cumberland road. TER; of that of Mr. Rollins, 4 or 5 pages; of that of Mr. Woodbury, 8 pages; of that of Mr. White, 12 pages; of Mr. Johnson, 7 pages; Mr. Robbins, 5 pages. Some of these, it is probable, we shall preserve, at a season of greater leisure than the present.

Mr. Johnson, of Kentucky, hoped that that road would be extended to the Rocky Mountains. Mr. Barton moved that the senate should proceed to the consideration of executive business, which was agreed to.. The senate adjourned to Monday.