WASHINGTON, _May 9, 1820_.
_To the Senate and House of Representatives of the United States_:
I communicate to Congress a correspondence which has taken place
between the Secretary of State and the envoy extraordinary and
minister plenipotentiary of His Catholic Majesty since the message
of the 27th March last, respecting the treaty which was concluded
between the United States and Spain on the 22d February, 1819.
After the failure of His Catholic Majesty for so long a time to ratify
the treaty, it was expected that this minister would have brought with
him the ratification, or that he would have been authorized to give
an order for the delivery of the territory ceded by it to the United
States. It appears, however, that the treaty is still unratified and
that the minister has no authority to surrender the territory. The
object of his mission has been to make complaints and to demand
explanations respecting an imputed system of hostility on the part of
citizens of the United States against the subjects and dominions of
Spain, and an unfriendly policy in their Government, and to obtain new
stipulations against these alleged injuries as the condition on which
the treaty should be ratified.
Unexpected as such complaints and such a demand were under existing
circumstances, it was thought proper, without compromising the
Government as to the course to be pursued, to meet them promptly and to
give the explanations that were desired on every subject with the utmost
candor. The result has proved what was sufficiently well known before,
that the charge of a systematic hostility being adopted and pursued by
citizens of the United States against the dominions and subjects of
Spain is utterly destitute of foundation, and that their Government in
all its branches has maintained with the utmost rigor that neutrality in
the civil war between Spain and the colonies which they were the first
to declare. No force has been collected nor incursions made from within
the United States against the dominions of Spain, nor have any naval
equipments been permitted in favor of either party against the other.
Their citizens have been warned of the obligations incident to the
neutral condition of their country; their public officers have been
instructed to see that the laws were faithfully executed, and severe
examples have been made of some who violated them.
In regard to the stipulation proposed as the condition of the
ratification of the treaty, that the United States shall abandon the
right to recognize the revolutionary colonies in South America, or to
form other relations with them when in their judgment it may be just and
expedient so to do, it is manifestly so repugnant to the honor and even
to the independence of the United States that it has been impossible
to discuss it. In making this proposal it is perceived that His
Catholic Majesty has entirely misconceived the principles on which
this Government has acted in being a party to a negotiation so long
protracted for claims so well founded and reasonable, as he likewise has
the sacrifices which the United States have made, comparatively, with
Spain in the treaty to which it is proposed to annex so extraordinary
and improper a condition.
Had the minister of Spain offered an unqualified pledge that the treaty
should be ratified by his Sovereign on being made acquainted with the
explanations which had been given by this Government, there would have
been a strong motive for accepting and submitting it to the Senate for
their advice and consent, rather than to resort to other measures for
redress, however justifiable and proper; but he gives no such pledge;
oil the contrary, he declares explicitly that the refusal of this
Government to relinquish the right of judging and acting for itself
hereafter, according to circumstances, in regard to the Spanish
colonies, a right common to all nations, has rendered it impossible for
him under his instructions to make such engagement. He thinks that his
Sovereign will be induced by his communications to ratify the treaty,
but still he leaves him free either to adopt that measure or to decline
it. He admits that the other objections are essentially removed and will
not in themselves prevent the ratification, provided the difficulty on
the third point is surmounted. The result, therefore, is that the treaty
is declared to have no obligation whatever; that its ratification is
made to depend not on the considerations which led to its adoption and
the conditions which it contains, but on a new article unconnected with
it, respecting which a new negotiation must be opened, of indefinite
duration and doubtful issue.
Under this view of the subject the course to be pursued would appear to
be direct and obvious if the affairs of Spain had remained in the state
in which they were when this minister sailed. But it is known that an
important change has since taken place in the Government of that country
which can not fail to be sensibly felt in its intercourse with other
nations. The minister of Spain has essentially declared his inability to
act in consequence of that change. With him, however, under his present
powers nothing could be done. The attitude of the United States must now
be assumed on full consideration of what is due to their rights, their
interest and honor, without regard to the powers or incidents of the
late mission. We may at pleasure occupy the territory which was intended
and provided by the late treaty as an indemnity for losses so long
since sustained by our citizens; but still, nothing could be settled
definitively without a treaty between the two nations. Is this the time
to make the pressure? If the United States were governed by views of
ambition and aggrandizement, many strong reasons might be given in its
favor; but they have no objects of that kind to accomplish, none which
are not founded in justice and which can be injured by forbearance.
Great hope is entertained that this change will promote the happiness of
the Spanish nation. The good order, moderation, and humanity which have
characterized the movement are the best guaranties of its success.
The United States would not be justified in their own estimation should
they take any step to disturb its harmony. When the Spanish Government
is completely organized on the principles of this change, as it is
expected it soon will be, there is just ground to presume that our
differences with Spain will be speedily and satisfactorily settled.
With these remarks I submit it to the wisdom of Congress whether it will
not still be advisable to postpone any decision on this subject until
the next session.