WASHINGTON, _December 7, 1819_.
_Fellow-Citizens of the Senate and of the House of Representatives_:
The public buildings being advanced to a stage to afford accommodation
for Congress, I offer you my sincere congratulations on the
recommencement of your duties in the Capitol.
In bringing to view the incidents most deserving attention which have
occurred since your last session, I regret to have to state that several
of our principal cities have suffered by sickness, that an unusual
drought has prevailed in the Middle and Western States, and that a
derangement has been felt in some of our moneyed institutions which has
proportionably affected their credit. I am happy, however, to have it in
my power to assure you that the health of our cities is now completely
restored; that the produce of the year, though less abundant than usual,
will not only be amply sufficient for home consumption, but afford a
large surplus for the supply of the wants of other nations, and that the
derangement in the circulating paper medium, by being left to those
remedies which its obvious causes suggested and the good sense and
virtue of our fellow-citizens supplied, has diminished.
Having informed Congress, on the 27th of February last, that a treaty of
amity, settlement, and limits had been concluded in this city between
the United States and Spain, and ratified by the competent authorities
of the former, full confidence was entertained that it would have been
ratified by His Catholic Majesty with equal promptitude and a like
earnest desire to terminate on the conditions of that treaty the
differences which had so long existed between the two countries. Every
view which the subject admitted of was thought to have justified this
conclusion. Great losses had been sustained by citizens of the United
States from Spanish cruisers more than twenty years before, which had
not been redressed. These losses had been acknowledged and provided for
by a treaty as far back as the year 1802, which, although concluded at
Madrid, was not then ratified by the Government of Spain, nor since,
until the last year, when it was suspended by the late treaty, a more
satisfactory provision to both parties, as was presumed, having been
made for them. Other differences had arisen in this long interval,
affecting their highest interests, which were likewise provided for by
this last treaty. The treaty itself was formed on great consideration
and a thorough knowledge of all circumstances, the subject-matter of
every article having been for years under discussion and repeated
references having been made by the minister of Spain to his Government
on the points respecting which the greatest difference of opinion
prevailed. It was formed by a minister duly authorized for the purpose,
who had represented his Government in the United States and been
employed in this long-protracted negotiation several years, and who, it
is not denied, kept strictly within the letter of his instructions. The
faith of Spain was therefore pledged, under circumstances of peculiar
force and solemnity, for its ratification. On the part of the United
States this treaty was evidently acceded to in a spirit of conciliation
and concession. The indemnity for injuries and losses so long before
sustained, and now again acknowledged and provided for, was to be
paid by them without becoming a charge on the treasury of Spain. For
territory ceded by Spain other territory of great value, to which our
claim was believed to be well founded, was ceded by the United States,
and in a quarter more interesting to her. This cession was nevertheless
received as the means of indemnifying our citizens in a considerable
sum, the presumed amount of their losses. Other considerations of great
weight urged the cession of this territory by Spain. It was surrounded
by the Territories of the United States on every side except on that of
the ocean. Spain had lost her authority over it, and, falling into the
hands of adventurers connected with the savages, it was made the means
of unceasing annoyance and injury to our Union in many of its most
essential interests. By this cession, then, Spain ceded a territory
in reality of no value to her and obtained concessions of the highest
importance by the settlement of long-standing differences with the
United States affecting their respective claims and limits, and likewise
relieved herself from the obligation of a treaty relating to it which
she had failed to fulfill, and also from the responsibility incident to
the most flagrant and pernicious abuses of her rights where she could
not support her authority.
It being known that the treaty was formed under these circumstances, not
a doubt was entertained that His Catholic Majesty would have ratified
it without delay. I regret to have to state that this reasonable
expectation has been disappointed; that the treaty was not ratified
within the time stipulated and has not since been ratified. As it is
important that the nature and character of this unexpected occurrence
should be distinctly understood, I think it my duty to communicate to
you all the facts and circumstances in my possession relating to it.
Anxious to prevent all future disagreement with Spain by giving the
most prompt effect to the treaty which had been thus concluded, and
particularly by the establishment of a government in Florida which
should preserve order there, the minister of the United States who
had been recently appointed to His Catholic Majesty, and to whom the
ratification by his Government had been committed to be exchanged for
that of Spain, was instructed to transmit the latter to the Department
of State as soon as obtained, by a public ship subjected to his order
for the purpose. Unexpected delay occurring in the ratification by
Spain, he requested to be informed of the cause. It was stated in
reply that the great importance of the subject, and a desire to obtain
explanations on certain points which were not specified, had produced
the delay, and that an envoy would be dispatched to the United States to
obtain such explanations of this Government. The minister of the United
States offered to give full explanation on any point on which it might
be desired, which proposal was declined. Having communicated this
result to the Department of State in August last, he was instructed,
notwithstanding the disappointment and surprise which it produced, to
inform the Government of Spain that if the treaty should be ratified and
transmitted here at any time before the meeting of Congress it would
be received and have the same effect as if it had been ratified in due
time. This order was executed, the authorized communication was made
to the Government of Spain, and by its answer, which has just been
received, we are officially made acquainted for the first time with
the causes which have prevented the ratification of the treaty by His
Catholic Majesty. It is alleged by the minister of Spain that this
Government had attempted to alter one of the principal articles of the
treaty by a declaration which the minister of the United States had
been ordered to present when he should deliver the ratification by his
Government in exchange for that of Spain, and of which he gave notice,
explanatory of the sense in which that article was understood. It is
further alleged that this Government had recently tolerated or protected
an expedition from the United States against the Province of Texas,
These two imputed acts are stated as the reasons which have induced His
Catholic Majesty to withhold his ratification from the treaty, to obtain
explanations respecting which it is repeated that an envoy would be
forthwith dispatched to the United States. How far these allegations
will justify the conduct of the Government of Spain will appear on
a view of the following facts and the evidence which supports them:
It will be seen by the documents transmitted herewith that the
declaration mentioned relates to a clause in the eighth article
concerning certain grants of land recently made by His Catholic Majesty
in Florida, which it was understood had conveyed all the lands which
till then had been ungranted; it was the intention of the parties to
annul these latter grants, and that clause was drawn for that express
purpose and for none other. The date of these grants was unknown, but it
was understood to be posterior to that inserted in the article; indeed,
it must be obvious to all that if that provision in the treaty had not
the effect of annulling these grants, it would be altogether nugatory.
Immediately after the treaty was concluded and ratified by this
Government an intimation was received that these grants were of anterior
date to that fixed on by the treaty and that they would not, of course,
be affected by it. The mere possibility of such a case, so inconsistent
with the intention of the parties and the meaning of the article,
induced this Government to demand an explanation on the subject, which
was immediately granted, and which corresponds with this statement. With
respect to the other act alleged, that this Government had tolerated or
protected an expedition against Texas, it is utterly without foundation.
Every discountenance has invariably been given to any such attempt from
within the limits of the United States, as is fully evinced by the acts
of the Government and the proceedings of the courts. There being cause,
however, to apprehend, in the course of the last summer, that some
adventurers entertained views of the kind suggested, the attention of
the constituted authorities in that quarter was immediately drawn to
them, and it is known that the project, whatever it might be, has
utterly failed.
These facts will, it is presumed, satisfy every impartial mind that the
Government of Spain had no justifiable cause for declining to ratify
the treaty. A treaty concluded in conformity with instructions is
obligatory, in good faith, in all its stipulations, according to the
true intent and meaning of the parties. Each party is bound to ratify
it. If either could set it aside without the consent of the other, there
would be no longer any rules applicable to such transactions between
nations. By this proceeding the Government of Spain has rendered to the
United States a new and very serious injury. It has been stated that a
minister would be sent to ask certain explanations of this Government;
but if such were desired, why were they not asked within the time
limited for the ratification? Is it contemplated to open a new
negotiation respecting any of the articles or conditions of the treaty?
If that were done, to what consequences might it not lead? At what time
and in what manner would a new negotiation terminate? By this proceeding
Spain has formed a relation between the two countries which will justify
any measures on the part of the United States which a strong sense of
injury and a proper regard for the rights and interests of the nation
may dictate.
In the course to be pursued these objects should be constantly held in
view and have their due weight. Our national honor must be maintained,
and a new and a distinguished proof be afforded of that regard for
justice and moderation which has invariably governed the councils of
this free people. It must be obvious to all that if the United States
had been desirous of making conquests, or had been even willing to
aggrandize themselves in that way, they could have had no inducement
to form this treaty. They would have much cause for gratulation at the
course which has been pursued by Spain. An ample field for ambition
is open before them, but such a career is not consistent with the
principles of their Government nor the interests of the nation.
From a full view of all circumstances, it is submitted to the
consideration of Congress whether it will not be proper for the United
States to carry the conditions of the treaty into effect in the same
manner as if it had been ratified by Spain, claiming on their part all
its advantages and yielding to Spain those secured to her. By pursuing
this course we shall rest on the sacred ground of right, sanctioned in
the most solemn manner by Spain herself by a treaty which she was bound
to ratify, for refusing to do which she must incur the censure of other
nations, even those most friendly to her, while by confining ourselves
within that limit we can not fail to obtain their well-merited
approbation. We must have peace on a frontier where we have been so long
disturbed; our citizens must be indemnified for losses so long since
sustained, and for which indemnity has been so unjustly withheld from
them. Accomplishing these great objects, we obtain all that is
desirable.
But His Catholic Majesty has twice declared his determination to send a
minister to the United States to ask explanations on certain points and
to give them respecting his delay to ratify the treaty. Shall we act by
taking the ceded territory and proceeding to execute the other
conditions of the treaty before this minister arrives and is heard? This
is a case which forms a strong appeal to the candor, the magnanimity,
and the honor of this people. Much is due to courtesy between nations.
By a short delay we shall lose nothing, for, resting on the ground of
immutable truth and justice, we can not be diverted from our purpose.
It ought to be presumed that the explanations which may be given to the
minister of Spain will be satisfactory, and produce the desired result.
In any event, the delay for the purpose mentioned, being a further
manifestation of the sincere desire to terminate in the most friendly
manner all differences with Spain, can not fail to be duly appreciated
by His Catholic Majesty as well as by other powers. It is submitted,
therefore, whether it will not be proper to make the law proposed for
carrying the conditions of the treaty into effect, should it be adopted,
contingent; to suspend its operation, upon the responsibility of the
Executive, in such manner as to afford an opportunity for such friendly
explanations as may be desired during the present session of Congress.
I communicate to Congress a copy of the treaty and of the instructions
to the minister of the United States at Madrid respecting it; of his
correspondence with the minister of Spain, and of such other documents
as may be necessary to give a full view of the subject.
In the course which the Spanish Government have on this occasion thought
proper to pursue it is satisfactory to know that they have not been
countenanced by any other European power. On the contrary, the opinion
and wishes both of France and Great Britain have not been withheld
either from the United States or from Spain, and have been unequivocal
in favor of the ratification. There is also reason to believe that the
sentiments of the Imperial Government of Russia have been the same, and
that they have also been made known to the cabinet of Madrid.
In the civil war existing between Spain and the Spanish Provinces in
this hemisphere the greatest care has been taken to enforce the laws
intended to preserve an impartial neutrality. Our ports have continued
to be equally open to both parties and on the same conditions, and our
citizens have been equally restrained from interfering in favor of
either to the prejudice of the other. The progress of the war, however,
has operated manifestly in favor of the colonies. Buenos Ayres still
maintains unshaken the independence which it declared in 1816, and has
enjoyed since 1810. Like success has also lately attended Chili and the
Provinces north of the La Plata bordering on it, and likewise Venezuela.
This contest has from its commencement been very interesting to other
powers, and to none more so than to the United States. A virtuous people
may and will confine themselves within the limit of a strict neutrality;
but it is not in their power to behold a conflict so vitally important
to their neighbors without the sensibility and sympathy which naturally
belong to such a case. It has been the steady purpose of this Government
to prevent that feeling leading to excess, and it is very gratifying
to have it in my power to state that so strong has been the sense
throughout the whole community of what was due to the character and
obligations of the nation that very few examples of a contrary kind
have occurred.
The distance of the colonies from the parent country and the great
extent of their population and resources gave them advantages which it
was anticipated at a very early period would be difficult for Spain to
surmount. The steadiness, consistency, and success with which they have
pursued their object, as evinced more particularly by the undisturbed
sovereignty which Buenos Ayres has so long enjoyed, evidently give them
a strong claim to the favorable consideration of other nations. These
sentiments on the part of the United States have not been withheld
from other powers, with whom it is desirable to act in concert. Should
it become manifest to the world that the efforts of Spain to subdue
these Provinces will be fruitless, it may be presumed that the Spanish
Government itself will give up the contest. In producing such a
determination it can not be doubted that the opinion of friendly powers
who have taken no part in the controversy will have their merited
influence.
It is of the highest importance to our national character and
indispensable to the morality of our citizens that all violations of
our neutrality should be prevented. No door should be left open for the
evasion of our laws, no opportunity afforded to any who may be disposed
to take advantage of it to compromit the interest or the honor of the
nation. It is submitted, therefore, to the consideration of Congress
whether it may not be advisable to revise the laws with a view to this
desirable result.
It is submitted also whether it may not be proper to designate by law
the several ports or places along the coast at which only foreign ships
of war and privateers may be admitted. The difficulty of sustaining the
regulations of our commerce and of other important interests from abuse
without such designation furnishes a strong motive for this measure.
At the time of the negotiation for the renewal of the commercial
convention between the United States and Great Britain a hope had been
entertained that an article might have been agreed upon mutually
satisfactory to both countries, regulating upon principles of justice
and reciprocity the commercial intercourse between the United States and
the British possessions as well in the West Indies as upon the continent
of North America. The plenipotentiaries of the two Governments not
having been able to come to an agreement on this important interest,
those of the United States reserved for the consideration of this
Government the proposals which had been presented to them as the
ultimate offer on the part of the British Government, and which they
were not authorized to accept. On their transmission here they were
examined with due deliberation, the result of which was a new effort to
meet the views of the British Government. The minister of the United
States was instructed to make a further proposal, which has not been
accepted. It was, however, declined in an amicable manner. I recommend
to the consideration of Congress whether further prohibitory provisions
in the laws relating to this intercourse may not be expedient. It is
seen with interest that although it has not been practicable as yet
to agree in any arrangement of this important branch of their commerce,
such is the disposition of the parties that each will view any
regulations which the other may make respecting it in the most friendly
light.
By the fifth article of the convention concluded on the 20th of October,
1818, it was stipulated that the differences which have arisen between
the two Governments with regard to the true intent and meaning of the
fifth article of the treaty of Ghent, in relation to the carrying away
by British officers of slaves from the United States after the exchange
of the ratifications of the treaty of peace, should be referred to
the decision of some friendly sovereign or state to be named for that
purpose. The minister of the United States has been instructed to name
to the British Government a foreign sovereign, the common friend to
both parties, for the decision of this question. The answer of that
Government to the proposal when received will indicate the further
measures to be pursued on the part of the United States.
Although the pecuniary embarrassments which affected various parts of
the Union during the latter part of the preceding year have during the
present been considerably augmented, and still continue to exist, the
receipts into the Treasury to the 30th of September last have amounted
to $19,000,000. After defraying the current expenses of the Government,
including the interest and reimbursement of the public debt payable to
that period, amounting to $18,200,000, there remained in the Treasury on
that day more than $2,500,000, which, with the sums receivable during
the remainder of the year, will exceed the current demands upon the
Treasury for the same period.
The causes which have tended to diminish the public receipts could not
fail to have a corresponding effect upon the revenue which has accrued
upon imposts and tonnage during the three first quarters of the present
year. It is, however, ascertained that the duties which have been secured
during that period exceed $18,000,000, and those of the whole year will
probably amount to $23,000,000.
For the probable receipts of the next year I refer you to the statements
which will be transmitted from the Treasury, which will enable you to
judge whether further provision be necessary.
The great reduction in the price of the principal articles of domestic
growth which has occurred during the present year, and the consequent
fall in the price of labor, apparently so favorable to the success of
domestic manufactures, have not shielded them against other causes
adverse to their prosperity. The pecuniary embarrassments which have so
deeply affected the commercial interests of the nation have been no less
adverse to our manufacturing establishments in several sections of the
Union.
The great reduction of the currency which the banks have been
constrained to make in order to continue specie payments, and the
vitiated character of it where such reductions have not been attempted,
instead of placing within the reach of these establishments the
pecuniary aid necessary to avail themselves of the advantages resulting
from the reduction in the prices of the raw materials and of labor, have
compelled the banks to withdraw from them a portion of the capital
heretofore advanced to them. That aid which has been refused by the
banks has not been obtained from other sources, owing to the loss of
individual confidence from the frequent failures which have recently
occurred in some of our principal commercial cities.
An additional cause for the depression of these establishments may
probably be found in the pecuniary embarrassments which have recently
affected those countries with which our commerce has been principally
prosecuted. Their manufactures, for the want of a ready or profitable
market at home, have been shipped by the manufacturers to the United
States, and in many instances sold at a price below their current value
at the place of manufacture. Although this practice may from its nature
be considered temporary or contingent, it is not on that account less
injurious in its effects. Uniformity in the demand and price of an
article is highly desirable to the domestic manufacturer.
It is deemed of great importance to give encouragement to our domestic
manufacturers. In what manner the evils which have been adverted to may
be remedied, and how far it may be practicable in other respects to
afford to them further encouragement, paying due regard to the other
great interests of the nation, is submitted to the wisdom of Congress.
The survey of the coast for the establishment of fortifications is
now nearly completed, and considerable progress has been made in the
collection of materials for the construction of fortifications in the
Gulf of Mexico and in the Chesapeake Bay. The works on the eastern bank
of the Potomac below Alexandria and on the Pea Patch, in the Delaware,
are much advanced, and it is expected that the fortifications at the
Narrows, in the harbor of New York, will be completed the present year.
To derive all the advantages contemplated from these fortifications it
was necessary that they should be judiciously posted, and constructed
with a view to permanence, The progress hitherto has therefore been
slow; but as the difficulties in parts heretofore the least explored
and known are surmounted, it will in future be more rapid. As soon as
the survey of the coast is completed, which it is expected will be done
early in the next spring, the engineers employed in it will proceed to
examine for like purposes the northern and northwestern frontiers.
The troops intended to occupy a station at the mouth of the St. Peters,
on the Mississippi, have established themselves there, and those who
were ordered to the mouth of the Yellow Stone, on the Missouri, have
ascended that river to the Council Bluff, where they will remain
until the next spring, when they will proceed to the place of their
destination. I have the satisfaction to state that this measure has
been executed in amity with the Indian tribes, and that it promises to
produce, in regard to them, all the advantages which were contemplated
by it.
Much progress has likewise been made in the construction of ships of war
and in the collection of timber and other materials for shipbuilding. It
is not doubted that our Navy will soon be augmented to the number and
placed in all respects on the footing provided for by law.
The Board, consisting of engineers and naval officers, have not yet
made their final report of sites for two naval depots, as instructed
according to the resolutions of March 18 and April 20, 1818, but they
have examined the coast therein designated, and their report is expected
in the next month.
For the protection of our commerce in the Mediterranean, along the
southern Atlantic coast, in the Pacific and Indian oceans, it has been
found necessary to maintain a strong naval force, which it seems proper
for the present to continue. There is much reason to believe that if any
portion of the squadron heretofore stationed in the Mediterranean should
be withdrawn our intercourse with the powers bordering on that sea would
be much interrupted, if not altogether destroyed. Such, too, has been
the growth of a spirit of piracy in the other quarters mentioned, by
adventurers from every country, in abuse of the friendly flags which
they have assumed, that not to protect our commerce there would be to
abandon it as a prey to their rapacity. Due attention has likewise been
paid to the suppression of the slave trade, in compliance with a law of
the last session. Orders have been given to the commanders of all our
public ships to seize all vessels navigated under our flag engaged in
that trade, and to bring them in to be proceeded against in the manner
prescribed by that law. It is hoped that these vigorous measures,
supported by like acts by other nations, will soon terminate a commerce
so disgraceful to the civilized world.
In the execution of the duty imposed by these acts, and of a high trust
connected with it, it is with deep regret I have to state the loss which
has been sustained by the death of Commodore Perry. His gallantry in a
brilliant exploit in the late war added to the renown of his country.
His death is deplored as a national misfortune.