last, by his excellency the Duke of San Fernando and Quiroga, and with the earnest desire of the king, my master, to see a speedy adjustment of the existing difficulties which obstruct the establishment, on a permanent basis, of the good understanding so obviously required by the interests of both powers, I have the honour to address you, and frankly to state to you, that my august sovereign, after a mature and deliberate examination, in full council, of the treaty of 22d February, of the last year, saw, with great regret, that, in its tenor, it was very far from embracing all the measures indispensably requisite to that degree of stability which, from his sense of justice, he was anxious to see established in the settlement of the existing differences between the two nations.

The system of hostility which appears to be pursued in so many parts of the Union, against the Spanish dominions, as well as against the property of all their inhabitants, is so public and notorious, that, to enter into detail, would only serve to increase the causes of dissatisfaction; I may be allowed, however, to remark, that they have been justly denounced to the public of the United States, even by some of their own fellowcitizens.

Such a state of things, therefore, in which individuals may be considered as being at war, while their governments are at peace with each other, is diametrically opposed to the mutual and sincere friendship, and to the good understanding which it was the object of the treaty (though the attempt has failed) to establish, and of the immense sacrifices consented to by his Majesty to promote.

These alone were motives of sufficient weight imperiously to dictate the propriety of suspending the ratification of the treaty, even although the American envoy had not at first announced, in the name of his government, and subsequently required, of that of Spain, a declaration which tended directly to annul one of its most clear, precise, and conclusive articles, even after the signature and ratification of the treaty.

The king, my master, influenced by considerations so powerful as to carry with them the fullest evidence, has, therefore, judged it necessary and indispensable, in the exercise of his duties as a sovereign, to request certain explanations of your government; and he has, in consequence, given me his commands to propose to it the following points; in the discussion and final arrangement of which, it seems proper that the relative state of the two nations should be taken into full consideration.

That the United States, taking into due consideration the scandalous system of piracy established in, and carried on from, several of their ports, will adopt measures satisfactory and effectual, to repress the barbarous excesses, and unexampled depredations, daily committed upon Spain, her possessions, and properties; so as to satisfy what is due to international rights, and is equally claimed by the honour of the American people.

That, in order to put a total stop to any future armaments, and to prevent all aid whatsoever being afforded from any part of the Union, which may be intended to be directed against, and employed in the invasion of, his Catholic Majesty's possessions in North America, the United States will agree to offer a pledge, (a dar una seguiradad,) that their integrity shall be respected.

And, finally, that they will form no relations with the pretended governments of the revolted provinces of Spain situate beyond sea, and will conform to the course of proceeding adopted, in this respect, by other powers in amity with Spain.

Extract of a Letter from General Vives to the Secretary of State, dated April 24th, 1820.

It is evident that the scandalous proceedings of a number of American citizens, the decisions of several of the Courts of the Union, and the criminal expedition set on foot within it for the invasion of his Majesty's possessions in North America, at the very period when the ratification was still pending, were diametrically opposite to the most sacred principles of amity, and to the nature and essence of the treaty itself. These hostile proceedings were, notwithstanding, tolerated by the

U

federal governinent, and thus the evil was daily aggravated; so that the belief generally prevailed throughout Europe, that the ratification of the treaty by Spain, and the acknowledgment of the independence of the rebellious transatlantic colonies by the United States, would be simultaneous acts.

Extract of a Letter from the Secretary of State to General Vives, dated May 3d, 1820.

I am now instructed to repeat the assurance which has already been given you, that the representations which appear to have been made to your government of a system of hostility, in various parts of the Union, against the Spanish dominions, and the property of Spanish subjects; of decisions marked with such hostility by any of the Courts of the United States, and of the toleration in any case of it by this government, are unfounded. In the existing unfortunate civil war between Spain and the South American Provinces, the United States have constantly avowed, and faithfully maintained, an impartial neutrality. No violation of that neutrality by any citizen of the United States has ever received sanction or countenance from this government. Whenever the laws, previously enacted for the preservation of neutrality, have been found, by experience, in any manner defective, they have been strengthened by new provisions and severe penalties. Spanish property, illegally captured, has been constantly restored by the decisions of the tribunals of the United States, nor has the life itself been spared of individuals guilty of piracy, committed upon Spanish property on the high seas.

Should the treaty be ratified by Spain, and the ratification be accepted by and with the advice and consent of the Senate, the boundary line recognized by it, will be respected by the United States, and due care will be taken to prevent any transgression of it. No new law or engagement will be necessary for that purpose. The existing laws are adequate to the suppression of such disorders, and they will be, as they have been, faithfully carried into effect. The miserable disorderly movenent of a number not exceeding seventy lawless individual stragglers, who never assembled within the jurisdiction of the United States, into a territory to which his Catholic Majesty has no acknowledged right, other than the yet unratified treaty, was so far from receiving countenance or support from the government of the United States, that every measure necessary for its suppression was promptly taken under their authority; and from the misrepresentations which have been made of this very insignificant transaction to the Spanish government, there is reason to believe that the pretended expedition itself, as well as the gross exaggerations which have been used to swell its importance, proceed from the same sources, equally unfriendly `o the United States and to Spain.

As a necessary consequence of the neutrality between Spain and the South American Provinces, the United States can contract no engagement not to form any relations with those Provinces. This has explicitly and repeatedly been avowed and made known to your government, both at Madrid and at this place. The demand was resisted, both in conference and written correspondence, between Mr. Erving and Mr. Pizarro.

Mr. Onis had long and constantly been informed, that a persistance in it would put an end to the possible conclusion of any treaty whatever. Your sovereign will perceive, that as such an engagement cannot be contracted by the United States consistently with their obligations of neutrality, it cannot justly be required of them, nor have any of the European nations ever bound themselves to Spain by such an engagement.

Extract of a Letter from General Vives to the Secretary of State, dated May 5th, 1820.

[TRANSLATION.]

SIR-In answer to your note of the 3d instant, and in pursuance of what I expressed to you in both our late conferences, I have to state to you, that I am satisfied upon the first point of the proposals contained in my note of the 14th ultimo, and am

persuaded, that if the existing laws enacted for the suppression of piracy, should prove inadequate, more effectual measures will be adopted by your government for the attainment of that important object.

I also admit as satisfactory, the answer given to the second point; but I cannot assent to your assertion, that the laws of this country have always been competent to the prevention of the excesses complained of; it being quite notorious that the expedition alluded to, has not been the only one set on foot for the invasion of his Majesty's dominions; and it is, therefore, not surprising, that the king, my lord, should give credit to the inforination received in relation to that expedition, or that he should now require of your government a pledge, that the integrity of the Spanish possessions in North America shall be respected.

I mentioned to you in conference, and I now repeat it, that the answer to the third point was not such as I could, agreeably to the nature of my instructions, accept, as being satisfactory; and that, although his Majesty might not have required of any of the European governments the declaration which he has required of yours, yet that ought not to be considered as unreasonable, it being well known to the king, my master, that those governments, so far from being disposed to wish to recognise the insurgent governments of the Spanish colonies, had declined the invitation, intimated to them some time past, by yours, to acknowledge the pretended Republic of Buenos Ayres.

Extract of a Letter from the Secretary of State to General Vives, dated May 8th, 1820.

The assurances which you had given me in the first personal conference between us, of your own entire satisfaction with the explanations given you upon all the points on which you had been instructed to ask them, would naturally have led to the expectation, that the promise which you was authorized to give would at least not be withheld. From your letter of the 5th