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15th Congress.]

No. 300.

[1st Session.

SPAIN—ILLEGAL ARMAMENTS, AND OCCUPATION OF AMELIA ISLAND.

COMMUNICATED TO CONGRESS, March 14, AND TO THE HOUSE OF REPRESENTATIVES, MARCH 26, 1818.

To the Senate and House of Representatives of the. United States: March 14, 1818.

In compliance with a resolution of the Senate of the 16th of December, and of the House of Representatives of the 24th of February last, I lay before Congress a report of the Secretary of State, and the papers referred to in it, respecting the negotiation with the Government of Spain. To explain fully the nature of the differences

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between the United States and Spain, and the conduct of the parties, it has been found necessary to go back to an early epoch. The recent correspondence, with the documents accompanying it, will give a full view of the whole subject, and place the conduct of the United States, in every stage and under every circumstance, for justice, moderation, and a firm adherence to their rights, on the high and honorable ground which it has invariably sustained.

JAMES MONROE.

Department of State, March 14, 1818.

The Secretary of State, to whom have been referred the resolutions of the Senate of 16th of December, and of the House of Representatives of 24th February last, has the honor of submitting to the President the correspondence between this Department and the Spanish minister residing here, since he received the last instructions of his Government to renew the negotiation, which, at the time of the last communication to Congress, was suspended by the insufficiency of his powers. These documents will show the present state of the relations between the two Governments.*

As in the remonstrance by Mr. de Onis, of the 6th of December, against the occupation by the United States of Amelia island, he refers to a previous communication from him, denouncing the expedition of Sir Gregor McGregor against that place, his note of 9th July, being the paper thus referred to, is added to the papers now transmitted. Its date, when compared with that of the occupation of Amelia by McGregor, will show that it was written ten days after that event; and the contents of his note of 6th December will show that measures had been taken by the competent authorities of the United States to arrest McGregor as soon as the unlawfulness of his proceedings within our jurisdiction had been made known to them by legal evidence, although he was beyond the reach of the process before it could be served upon his person. The tardiness of Mr. Onis's remonstrance is of itself a decisive vindication of the magistrates of the United States against any imputation of neglect to enforce the laws; for if the Spanish minister himself had no evidence of the project of McGregor, sufficient to warrant him in addressing a note upon the subject to this Department, until ten days after it had been accomplished, it cannot be supposed that officers whose authority to act commenced only at the moment of the actual violation of the laws, and who could be justified only by clear and explicit evidence of the facts in proof of such violation, should have been apprized of the necessity of their interposition, in time to make it effectual, before the person accused had departed from this country.

As in the recent discussions between Mr. Onis and this Department there is frequent reference to those of the negotiation at Aranjuez in 1805, the correspondence between the extraordinary mission of the United States at that period† and Don Pedro Cevallos, then the Minister of Foreign Affairs in Spain, will be also submitted as soon as may be, to be laid before Congress; together with the correspondence between Don Francisco Pizarro and Mr. Erving, immediately preceding the transmission of new instructions to Mr. Onis, and other correspondence of Mr. Onis with this Department, tending to complete the view of the relations between the two countries.

JOHN QUINCY ADAMS.

To the House of Representatives of the United States:

March 25, 1818.

I transmit to the House of Representatives, in compliance with their resolution of March the 20th, such information, not heretofore communicated, as is in the possession of the Executive, relating to the occupation of Amelia island. If any doubt had before existed of the improper conduct of the persons who authorized, and of those who were engaged in, the invasion and previous occupancy of that island, of the unfriendly spirit towards the United States with which it was commenced and prosecuted, and of its injurious effect on their highest interests, particularly by its tendency to compromit them with foreign Powers in all the unwarrantable acts of the adventurers, it is presumed that these documents would remove it. It appears by the letter of Mr. Pazos, agent of Commodore Aury, that the project of seizing the Floridas was formed and executed at a time when it was understood that Spain had resolved to cede them to the United States, and to prevent such cession from taking effect. The whole proceeding, in every stage and circumstance, was unlawful. The commission to General McGregor was granted at Philadelphia, in direct violation of a positive law; and all the measures pursued under it by him, in collecting his force and directing its movements, were equally unlawful. With the conduct of these persons I have always been unwilling to connect any of the Colonial Governments, because I never could believe that they had given their sanction either to the project in its origin, or to the measures which were pursued in the execution of it. These documents confirm the opinion which I have invariably entertained and expressed in their favor.

JAMES MONROE.

Don Luis de Onis to the Secretary of State.

Washington, January 2, 1817.

Sir:

The mischiefs resulting from the toleration of the armament of privateers in the ports of this Union, and of bringing into them, with impunity, the plunder made by these privateers on the Spanish trade, for the purpose of distributing it among those merchants who have no scruple in engaging in these piracies, have risen to such a height, that I should be wanting in my duty if I omitted to call your attention again to this very important subject.

It is notorious that, although the speculative system of fitting out privateers and putting them under a foreign flag, one disavowed by all nations, for the purpose of destroying the Spanish commerce, has been more or less pursued in all the ports of the Union, it is more especially in those of New Orleans and Baltimore where the greatest violations of the respect due to a friendly nation, and, if I may say so, of that due to themselves, have been committed: whole squadrons of pirates having been [fitted] out from thence, in violation of the solemn treaty existing between the two nations, and bringing back to them the fruits of their piracies, without being yet checked in these courses, either by the reclamations I have made, those of His Majesty's consuls, or the decisive and judicious orders issued by the President for that purpose.

The American privateer "Swift," which, as I mentioned to you in my note of the day before yesterday, had captured, under the name of the "Mongore," and the flag of Buenos Ayres, the Spanish polacre "Pastora," just

* For the correspondence relating to indemnities, Florida, and limits, see No. 311, under date of February 22, 1819.

† This correspondence will be found in Foreign Relations, vol. ii. p. 613.

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arrived at New Bedford, is now in Baltimore river; and her captain, James Barnes, who has so scandalously violated the laws of nations, the neutrality of this Government, and the existing treaty, has had the effrontery to make a regular entry of his vessel at the custom-house of Baltimore, declaring his cargo to consist of bales and packages containing silks, laces, velvets, and other valuable articles—all, as you may suppose, plundered from the Spaniards.

The three-masted schooner called the "Intrepid," lately arrived at New York from Montevideo, is, as His Majesty's consul there informs me, the Spanish vessel called the "Leona," captured off Cadiz by the schooner "Orb," of Baltimore, whose armament I denounced to you at the time, and communicated the positive information I had received that her object was to cruise against the subjects of the King, my master. This pirate (for that is the name by which both nations have agreed to consider a privateer of this description) was armed at Baltimore, manned by subjects of this republic, and commanded by a Portuguese called Almeyda, an American citizen.

The schooner "Leona," now at New York, under the name of the "Intrepid," and ostensibly owned by one Mifflin, at Philadelphia, had on board, when captured, thirty thousand dollars in specie, three hundred boxes of sugar, some grain, with other property belonging to Moreno, De Moro, and others, merchants at Cadiz; and had a cargo of jerked beef and other articles, belonging, as I have heard, to the merchants in Baltimore who furnished the funds for equipping the "Orb."

The consul at New Orleans informs me that the pirate Mitchell, with the vessels under his command, fitted out by different merchants at that port, of whom a Mr. Dupuy is supposed to be the principal, has lately taken several Spanish prizes to Galvezton, and that, from the proceeds of their sales, he has remitted to the said deputies one hundred and five thousand dollars, which he has deposited in the Bank of Louisiana, after deducting the shares of the captain and crew, amounting, as is supposed, altogether, to two hundred thousand dollars. The same consul adds, that two of the prizes, one from Campeachy and the other from Guatemala, were burnt, and their crews landed by that savage monster near Boquilla de Piedras, that they might be, as they actually were, put to death by his great friend Villapinto, a noted rebel ringleader, who, being pursued by the King's troops, had retreated to the seashore to make his escape. Of ninety men, composing these crews, only nine were saved.

The consul at Norfolk informs me of the arrival there of a privateer schooner from Buenos Ayres, one of several fitted out at Baltimore, and wholly owned there; that, from what he has been able to ascertain, among other vessels, she plundered a Spanish ship laden with a cargo of cochineal, indigo, and specie, to the amount of more than two hundred thousand dollars, and proceeded to Baltimore to divide the spoil among the concerned. The said consul, in the discharge of his duty, and the exercise of his rights, addressed an application to the collector of the customs, (copy of which is annexed, and also of the answer of the collector,) by which you will perceive that he declines this just reclamation. I could cite innumerable other cases, as well attested as those I have just stated, but I omit them, as their detail would fatigue you, without tending to demonstrate more effectually that they proceed from non-observance by the officers of this Government of the President's proclamation, and of the treaty of limits and navigation between the two Governments. Although His Majesty has too much confidence in the rectitude of the President to doubt that due compensation will be made for these injuries to his subjects, on the same principles as have been observed by His Majesty, on other occasions, towards the United States, yet I cannot omit requesting, in his royal name, that, in the mean while, the President may be authorized to take the most energetic measures required by the case, to put an end to these practices, and that he would be pleased to cause the vessels I have before mentioned to be confiscated, together with their cargoes, and security to be given by Mr. Dupuy for the amount of his deposite in the Bank of Louisiana, as being the proceeds of the Spanish prizes made by the pirate Mitchell; and that, as a general measure, every privateer coming into these ports under a flag not acknowledged be detained and sequestered, to be made responsible for the depredations committed by it.

I trust that the President will be the more disposed to accede to this request, as, in addition to its justice, it is strictly conformable to his friendly sentiments towards my sovereign, and the humane principles by which he is characterized.

I renew to you my respects, sir, and pray God to preserve you many years.

LUIS DE ONIS.

[Enclosure in Don Luis de Onis's letter of January 2, 1817.]

Spanish Consul's Office, Norfolk, December 16, 1816.

Sir:

On seeing an armed vessel in this harbor, in front of the town, displaying a flag unknown to me, and, I will venture to say, unknown to the United States, and, at any rate, not recognised by them; and there being no doubt that this vessel is one of those known to be committing great depredations at sea on the Spanish trade, and frequently also on ships of all other nations, not excepting those under the merchant flag of these States, I have thought it my duty to apply to you, to request you to give me some information respecting said armed vessel, her character and nationality, and under what authority she navigates the seas as a public or private ship of war, who commands her, and how she is manned, and in what light you view her in your official capacity?

In making these inquiries of you, I hope that you will only see a desire on my part to acquire information upon a question of vast importance to the commerce of Spain, as it affects materially the safety of her merchant ships: whether or not those sea plunderers are to find an asylum in the ports of the United States, which would so greatly increase the means of carrying on their spoliations. I am confident that it is not the wish of this Government to afford any sort of protection to a set of men (for the most part foreigners to the country they pretend to serve) who avail themselves of the dissensions which unfortunately prevail between Spain and some of her colonies, to exercise their merciless rapacity upon the inoffensive merchant, not only of Spain, but in many instances of other countries; and I am too well acquainted with your own character to suppose that you would be inclined to favor them. Indeed, the intentions and good disposition of this Government towards Spain are rendered manifest in the President's proclamation of the 1st September, 1815; and it is there forbidden to American citizens to take any part in the contentions between Spain and some of her distant possessions; and it is enjoined on all officers, civil and military, under the Government, to be vigilant in searching out and bringing to punishment all such citizens as shall act contrary to the intent of said proclamation: and there being a report in town that many of those composing the crew of the vessel in question are Americans, I have thought it necessary to call your attention to this point, not doubting that you will consider it as meriting your particular examination. I will conclude by availing myself of this opportunity to assure you of the great respect with which I remain, &c.

ANTONIO ARGOTE VILLALOBOS.

Charles K. Mallory, Esq.,

Collector of Norfolk and Portsmouth.

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[ANSWER.]

Collector's Office, Norfolk, December 16, 1816.

Sir:

I have had the honor to receive your note of this morning. In respect to the vessel which is the subject of it, I deem it only necessary to remark, that she is recognised in this office in no other character than that of any other foreign vessel arriving in our waters from a foreign port; that my duty does not require of me to request her flag, so far as to make it a criterion or condition of her admission into this port; and that I shall take care, in this, as in other cases, to see that the laws of the United States and other regulations of the Government, so far as they come within the sphere of my authority, be duly observed.

I reciprocate the sentiments of respect you express for me, and am, &c.

CHARLES K. MALLORY.

Don Antonio Argote Villalobos.

Don Luis de Onis to the Secretary of State.

Washington, January 15, 1817.

Sir:

On the 1st instant I informed you of the arrival, at New Bedford, of the Spanish polacre "Pastora," captured by the American privateer "Swift," under the name of the "Mongore," and the flag of Buenos Ayres, commanded by a Captain Barnes, a citizen of these States. Two days afterwards 1 addressed to you another note, stating the arrival, in the river and port of Baltimore, of the said privateer, with the booty piratically plundered from the subjects of the King, my master; and requesting that you would be pleased to obtain of the President such orders as would most effectually insure the confiscation both of the vessel and of the privateer, that they might be made answerable for the damages justly claimed by the owners of the property. Although I am persuaded that it is the multiplicity of business that has prevented your answering my notes, yet I cannot doubt that the President will have given the orders I requested in them. Notwithstanding this, and the application made by His Majesty's consul at Baltimore, in the discharge of his duty, to the attorney for that district, (a copy of which is annexed,) I regret to announce to you that the collector and the aforesaid attorney have thought fit to allow the said pirate to depart; and that, after having ascertained that fact, the said attorney wrote a note to His Majesty's consul, (copy of which is enclosed,) inviting him to call at his house to confer with him on the subject of his note.

It is not my wish to trespass on your attention with the reflections that are naturally produced by such notorious proceedings, nor pointedly to notice the incivility of the attorney for that State towards a consul of my nation; my only object is to bring to your view what has occurred in the case of the vessel that, by submitting it to the President, he may be convinced that the injuries sustained by the King's subjects in these ports, by the violation of the existing treaty between the two nations, which has the force of a law, are daily augmenting, and that, the more they are diffused, the more difficult will it be hereafter to adjust the indemnities due to His Majesty's subjects.

I trust, sir, that you will only see in the step I now take a continued proof of my desire to restore that good understanding and sincere sense of justice between the two countries which form the basis of real harmony in every society, and that you will therefore be induced to give this subject all the attention due to its importance.

I beg leave to renew the assurances of my perfect respect, and pray God to preserve you many years.

LUIS DE ONIS.

Don Luis de Onis to the Secretary of State.

Washington, January 16, 1817.

Sir:

I have just received information, from the King's consul at New Orleans, of the capture, within sight of the Balize of that port, and at little more than musket-shot from the land, of the Spanish schooner "Hipolita," Captain Don Buenaventura March, by the pirate "Jupiter," under the Margarita flag. To enable you fully to judge of the atrociousness of this capture, manifestly in violation of the territory of the United States, I have the honor to enclose the declaration of the captain of the said schooner, made before His Majesty's consul at the aforesaid port; by which it appears he was at anchor in the Pass of the Mississippi, and with Pratigue, from the Balize, on board, when he was boarded by the aforesaid pirate, and so inhumanly treated by him as, to be left weltering in his blood on the deck.

It would be superfluous to affect your sensibility by a detail of the multiplied injuries and outrages incessantly sustained by His Majesty's subjects in these ports; they have already been admitted by the President in his message to Congress, recommending the adoption of such measures as in their wisdom may appear best calculated to repress them; thereby offering to the King, my master, a pledge that his excellency admits the necessity of indemnifying them as far as possible. It is, however, with great regret that I have to remark on the delay in carrying such urgent measures into execution, and that the injuries complained of have not been prevented by a due observance of the laws of nations and of the existing treaty, which, by the constitution, has the force of a law in all the courts, in consequence of its ratification by the President and the Senate.

I pray you, sir, to accept the assurances of my perfect consideration.

God preserve you many years.

LUIS DE ONIS.

Don Luis de Onis to the Secretary of State.

Washington, January 16, 1817.

Sir:

I have just learned, with the greatest satisfaction, that the marshal of Baltimore has despatched a boat, with a picket of soldiers, in pursuit of the pirate Mongore, which has been brought back to that port, in conformity to the orders which I had flattered myself would have been issued by the President. I shall lose no time in giving an account to His Majesty of the friendly dispositions manifested by this Government; and add the hope that this evidence of it will be the forerunner of sentiments calculated to remove every shadow of misunderstanding between the two Governments.

I offer you, sir, the renewed assurances, &c, and pray God to preserve you many years.

LUIS DE ONIS.

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Mr. Onis to the Secretary of State.

February 10, 1817.

Sir:

In addition to the schooner Hipolita, which I informed you, in my note of the 16th of last month, had been captured by the pirate Jupiter, in the pass of the Balize of New Orleans, at anchor, within musket-shot of the land, I have just received official notice of the capture, by the same pirate, of the Spanish brig called "Reyna de los Angeles," proceeding from Campeachy. This vessel was also at anchor in the Balize, very near the land, and with the pilot on board to ascend the river; but no consideration was sufficient to restrain that pirate in his injustice. I am informed that Commodore Patterson, in consequence of the reclamation made by the consul of His Majesty in the said port, has despatched a vessel in pursuit of her, and there are appearances that he will succeed in rescuing the prizes, and placing them at the disposition of their owners; but you cannot but know that, if the perpetration of this crime go unpunished, as has been the case on other occasions, or if their escape be permitted, as has happened in Baltimore with the captain and crew of the pirate Mongore, neither the vassals of His Majesty will be able to obtain the evidence which might be drawn from their declarations, in order to reclaim their property, nor the crimes discovered that they may have committed, nor the number of these robbers be diminished, who so highly compromit the neutrality of the Government, robbing, indiscriminately, the vessels of all nations, confident that all the harm that can happen to them is, that they should be deprived of some of the proceeds of their piracies.

In proof of the solidity of these assertions, I ought to add that, at the time these captures took place at New Orleans, in violation of the territory of this republic, General Hubbert, the chief of a band of robbers, armed and equipped in the province of Louisiana, who had occupied Galvezton, had arrived at New Orleans to solicit provisions and munitions for that establishment. Not only have they been sent under the American flag, but the agent (Mr. de Souvinet) has bought a brig with the products of the robberies of these pirates, which are now deposited in the Bank of Louisiana, amounting to $180,000, as you will see by the annexed paragraph of the Gazette of New Orleans; and this vessel is preparing to carry more provisions and munitions to that establishment, and to take back to the United States the spoils of the Spaniards, which are not considered secure in that place.

In the port of Baltimore, the brig Peace, (Paz,) mounting sixteen guns, commanded by Captain Stafford, well known for having before commanded the privateer schooner Maria, which was confiscated in Port au Prince, has been lately bought for the purpose of cruising against the Spanish commerce. According to information which I have received, the brig called the Fourth of July has gone out of that port with the same object, commanded by Captain Watkins, and armed by order of the famous Thomas Taylor, commissioner of Buenos Ayres: finally, schooner Romp, whose outrages and piracies are of public notoriety, has again sailed for Norfolk, with the design of equipping there, to proceed again on her cruise.

I consider it my duty to make you acquainted with all these acts, which are in manifest contravention of the treaty existing between the two nations, to the end that the President, giving them the consideration which they deserve, may issue the orders that may appear to him best adapted to restrain them, until Congress determines to destroy them at the root, whereby the commerce of all nations may be secure.

I renew, &c.

LUIS DE ONIS.

Mr. Onis to the Secretary of State.

Washington, February 11, 1817.

Sir:

When I had the honor to communicate to you that, in virtue of the orders which the President had sent to the marshal at Baltimore, the pirate Mongore had been detained and embargoed in that port, I had a right to believe that the marshal, as well as the attorney of the United States, would have caused the captain and crew to be immediately arrested, to take from them the declarations which public vengeance and the interests of Spain, as well as of this Government, required, to ascertain the names of the vessels plundered by that pirate, the depository of the effects, and the fate of the Spanish crews.

You may consider what was my surprise on receiving positive information that the marshal has liberated the captain and crew of that pirate; that he has not proceeded to take from them any declaration; and has even permitted that the Mongore should go to sea again, under bond, to commit her piracies. The said vessel is yet in the river, stopped by the ice, and her captain (Barnes) very tranquil in his house, occupied in taking out of it, publicly, the effects plundered by him, which, it is calculated, exceed eighty thousand dollars in value, without any impediment being put to his proceedings by the authorities at Baltimore.

It is extremely painful to me to interrupt your attention so often, on such unpleasant subjects; but I should be wanting in my duty if I should delay to inform this Government of the manner in which the orders of the President are eluded in Baltimore, in order to heap injury upon injury on a friendly nation, and promote the revolution of its provinces. In vain will it be alleged, in order to cover this proceeding, that the laws are not sufficient to pursue, without a positive evidence, those citizens who commit hostilities against Spain. The treaty which exists between the two nations is a law of the republic; and no tribunal can decline its observance. The proofs of its infraction cannot be more manifest or decisive. The Spanish schooner captured by this same vessel, which is permitted to go out to sea, is now in a port of this Union; the effects on board of the one and the other belonging to the King's vassals. The seamen, the log-book of the respective vessels, and the captain himself, ought to give all the evidence that justice requires to decide. If these are not examined, on the equivocal pretext that they cannot be found, or that there is no evidence for proceeding against them, the consequence will be the continuation of an organized piracy for the robbery of all nations, that public vengeance will remain unsatisfied, and humanity exposed to all the horrors of such highway robbers.

I cannot do less than repeat my solicitation to the President, in the name of the King, my master, that the corsair Mongore may be secured; that the effects found on board may be deposited, as well as those which may have been already discharged from her; that the papers on board be examined, as well as the journals, crew, and captain; and that it be proposed to make all the investigations that would, under similar circumstances, be made in Spain, if a like case should occur to the United States, in order to remedy the damages and prevent their repetition.

I flatter myself that you cannot fail to find my solicitude just, and that the President will accede the more cheerfully to it, as it is agreeable to the sentiments of humanity and impartiality which characterize him, and to the desire which he has manifested to me to strengthen the bonds of friendship with my sovereign.

I renew, &c.

LUIS DE ONIS.

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The Minister of Spain to the Secretary of State.

Washington, February 12, 1817.

Sir:

After my official letters of the 10th and 11th of this month were written, I received advice from Baltimore that Captain John Chase was now there, and that it was understood that he had left the command of the privateer Potosi, (alias the Spartan, of Baltimore,) and likewise that there were in that city more than thirty officers and sailors who had belonged to the said privateer, and who had come there for the purpose of claiming from the said Chase their portion of the prize money from the Spanish ship "Ciencia," of which they had taken possession at sea, in the manner you will see detailed in the declarations of four of the sailors of the said privateer, copies of which are enclosed.

This, without doubt, is a case which merits all your attention, as it is proven, in the most positive manner, that a certain number of American citizens had armed and equipped a vessel in Baltimore, had gone to sea in her, and had committed an act of hostility against Spain, contrary to the laws of nations, and in violation of the fourteenth and of other articles of the treaty existing between the two nations; thus compromitting the dignity of the United States, who cannot but disapprove such conduct, and violating the rights of the King, my master.

The consul of His Majesty in Baltimore has, without loss of time, proceeded judicially against the before-mentioned John Chase, by soliciting his arrest; and at the same time is taking measures to attach, in the hands of Mr. Didier, merchant, of Baltimore, twenty odd thousand dollars, which it is known he has received from the said prize; but I see at once that all the efforts of the consul will be in vain, unless this Government interpose all their authority, by giving the proper orders for vindicating their own dignity, which has been compromitted by the atrocious conduct of these bad citizens. I do not deem it necessary to repeat to you the many observations I have had the honor to make to you, upon various occasions, on occurrences of this kind; and I therefore limit myself to asking of you to communicate this case to the President, who, I ought to expect, will take such measures as he may think best adapted to the correction of this disorder, and for doing justice to the aggrieved party.

I renew to you my respects, and pray God to preserve you many years.

LUIS DE ONIS.

Don Luis de Onis to the Secretary of State.

Washington, February 22, 1817.

Sir:

In confirmation of what I had the honor to state in my note to you of the 12th instant, I now enclose a list of the articles which Mr. Henry Didier, a merchant of Baltimore, has landed there, under the usual forms of the custom-house, from on board the American schooner "Remittance," Captain James Rogers, from Aux Cayes; they being the same which had been plundered from the Spanish ship "Ciencia" by the privateer "Potosi," Captain James Chase, by whom they were transhipped on board the said schooner, and consigned to the above-mentioned Didier.

In consideration of these proofs, I trust that you will be pleased to obtain from the President the necessary order to effect the delivery or security of this property, for the benefit of its lawful owners; and that you will have the goodness to advise me of the same for my Government.

I renew to you my respects, and pray God to preserve you many years.

LUIS DE ONIS.

Don Luis de Onis to the Secretary of State.

Washington, February 28, 1817.

Sir:

The session of Congress being within two days of closing, and the Senate not having given its assent to the bill passed by the House of Representatives for the purpose of putting a stop to the armaments making in different parts of the Union, in violation of the laws of nations and of the treaty existing between His Catholic Majesty and this republic, I have considered it my duty to represent to you the injuries resulting from this delay to Spain, and likewise to all the nations of Europe; to the end that, if the President sees fit, he may be pleased to cause this subject to be taken into serious consideration.

I renew to you my respects, and pray God to preserve you many years.

LUIS DE ONIS.

Don Luis de Onis to the Acting Secretary of State.

Washington, March 11, 1817.

Sir:

In an official letter, under date of the 11th of last month, which I had the honor to direct to the Secretary of State, I represented to this Government that, contrary to my expectation, I had just received positive information that the marshal at Baltimore had left at liberty the captain and crew of the pirate "Mongore," and had even permitted her to go to sea to renew her excesses, without having even so much as taken their declarations, which the public vengeance and the interests of both Governments demanded; I dwelt on the great injuries which would follow to my nation from the impunity and toleration which these highway robbers met with in this country; and requested that the President would give the correspondent directions for preventing this injury.

In my official letter of the 12th of the same month I took occasion again to call the attention of this Government to the same subject, though in a different case, in consequence of having received advice that Captain John Chase, who commanded the privateer "Potosi," alias the Spartan, of Baltimore, and more than thirty persons belonging to her crew, had arrived at Baltimore, of whom four had given very detailed declarations respecting the capture of the Spanish vessel the "Ciencia," of her halting place, and of the existence in Baltimore, in the possession of Mr. Henry Didier, [of articles] to the amount of more than $20,000; and requested that the Government would interpose its authority to give effect to the prosecution which the consul of His Majesty had set on foot against the person of Chase, and [to] the legal proceedings under which he has succeeded in attaching, in the hands of Mr. Didier, the said interests; and, under date of the 22d of same month, I enclosed a list of these effects, which were in the hands of Mr. Didier.

I have not, as yet, had the honor to receive an answer to any of the above-mentioned notes; and I have just understood that the authorities at Baltimore, contemning the evidence of the four witnesses who had presented

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themselves, and the entry in the custom-house, in the name of Didier, of the effects robbed from the Spanish, have permitted the said Captain Chase to go very tranquilly to Norfolk, to enjoy the fruits of his depredations; that, with universal scandal, and notwithstanding the character of Captain Barnes, as a pirate, was established by the decision of the court of the United States in Boston, which had declared as illegitimate his prize, the Spanish schooner "Pastora," and ordered that she should be restored to her owners, he has sailed from Baltimore, with his privateer "Mongore," as soon as the ice permitted, and gone down the bay, to go to sea, to repeat his cruellies, without its having been possible for the consul of the King to get the declaration of Barnes and his people taken as to what had been the lot of the crews of the Spanish vessels which they had captured; declarations which, not only by the laws of nations, but by the more sacred law of humanity, should have been taken, considering the vehement and well-founded suspicions there were that they had assassinated all the individuals who had had the misfortune to fall into their hands.

In consideration, then, of the excesses committed against the subjects of the King, my master, and of those which, from the impunity and toleration on the part of the authorities of this country, are in a state to be repeated, with vessels purchased, armed, manned, and equipped in the ports of these States, contrary to all the laws of nations, to the express stipulations of the treaty which exists between the two countries, and to the laws of humanity itself, I cannot do less, in discharging my obligation, than to represent and reclaim, in the name of my sovereign, the damages and injuries which have resulted, and may hereafter result, to his subjects, and to protest against the authors of all of them. At the same time, I cannot omit to beg you, with earnestness, to be pleased to inform me of the measures which this Government may have taken for the purpose of having restored to the Spanish owners the effects of which they have been robbed, and also to ascertain the fate of the unfortunate crews of the Spanish vessels which have been captured and destroyed by the two pirates above mentioned, as likewise by the other two, called the Orb and the Romp, that were, in like manner, armed in Baltimore.

I hope you will have the goodness to give me the information I ask, that I may bring it to the knowledge of the King, my master.

I renew to you my respects, &c.

LUIS DE ONIS.

Don Luis de Onis to the Secretary of State.

Washington, March 15, 1817.

Sir:

I had the honor to receive your note of the 13th instant, in which, by order of the President, you enclose a copy of the act passed by Congress on the 3d, entitled "An act more effectually to preserve the neutral relations of the United States," by which the President trusts that my Government will perceive a new proof on the part of the United States of a desire to cultivate just and friendly dispositions towards Spain.

I cannot but be highly gratified by all those occasions on which the Government of these States manifests a disposition corresponding with that entertained by the King, my master, to maintain and strengthen the amicable relations subsisting between the two nations; and I therefore hope that the President will cause the most effectual measures to be taken to enforce an observance of this law by the officers of this Government, with greater exactness than has hitherto been paid to the existing laws, and to the express stipulations of the present treaty between the two nations.

I shall embrace the first opportunity to transmit a copy of this act to my court, for the information of my sovereign; and, with renewed assurances of my respects, I pray God to preserve you many years.

LUIS DE ONIS.

Don Luis de Onis to the Secretary of State.

Sir: Washington, March 26, 1817.

I have just been informed that there have entered at Norfolk two pirates, under the flag of Buenos Ayres, the principal of which is called the "Independencia del Sud," armed with sixteen guns and one hundred and fifty men; her captain is the well-known pirate called Commodore Chaytor. The second is the schooner "Romp," which, to enter that port, has her name changed to that of "Altavela;" she has a crew of seventy men, and appeared to be commanded by a person called Grennolds. Both vessels were built and fitted out at Baltimore, belong to citizens of that place, and others in this republic, and their crews and captains are of the same. Their entrance into Norfolk has been public, to revictual and return to their cruise against the subjects of the King, my master; but their principal object is to place in safety the fruits of their piracies, which must be of great importance, if we attend to the information from Havana, which states that they have robbed a single Spanish vessel coming from Vera Cruz of ninety thousand dollars; and to the fact that, on the 21st of the present month, they had deposited sixty thousand dollars in the Bank of Norfolk, had landed a number of packages of cochineal, and had declared that they had taken to the amount of two hundred and ninety thousand dollars. I am informed that the person called Commodore Chaytor was about to set out for Baltimore, probably to settle accounts and divide his robberies with the persons interested in the outfit. It is a circumstance worthy of remark, that these two pirates saluted the fort at Norfolk, and that it returned the salute upon the same terms as would have been done with a vessel of war of my sovereign, or of any other nation acknowledged by all independent Powers.

It would be superfluous to take up much time in representing to you how sensible my sovereign, and likewise all maritime nations, must be, to see that their flags are treated on an equality with pirates in the territory of this Union. So obvious a reflection cannot be withheld from your knowledge and that of the President. I therefore do not doubt, that if, as I persuade myself, there has been a mistake in the honors paid to these pirates, you will be pleased to disapprove of the conduct of the commander of the fort, and give suitable orders to prevent its happening in future.

At the same time that I expect this measure from the justice of the President, I claim, in the name of the King, my master, that all steps be taken for the arrest of these pirates, whether they be at Norfolk, or that they repair, as is probable, to Baltimore, where their principal associates are; that they be proceeded against according to the act of Congress of the 3d instant, and to the stipulations of the treaty between His Majesty and this republic; that legal means be taken to ascertain all the captures made by them during their cruise, the fate of the Spanish crews that have fallen into their hands, and the places of deposite of the property taken from on board them, in order that, by attaching the same by the competent tribunals, it may be held for the disposal of the owners who may prove their property.

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This request, being moreover founded in justice, is supported by the friendly sentiments of this Government towards His Catholic Majesty, by the assurances which the President has given to me of his sincere desire to put an end to a piracy which, although in opposition to the sentiments of the administration, highly compromits the dignity and character of a people distinguished for their rectitude, morality, and refined virtue. I, therefore, cannot but confidently hope that you will enable me to inform my Government of the measures which may be taken in this matter.

LUIS DE ONIS.

Don Luis de Onis to the Secretary of State.

March 26, 1817.

Sir:

The pirate Orb, fitted out at Baltimore, under the name of the "Congreso," and flag of Buenos Ayres, commanded by Joseph Almeyda, a Portuguese, and a citizen of this republic, has had the audacity to return and enter the said port, there to deposite a part of his robberies. The piratical character of this vessel is as fully acknowledged, as it is proved that she was armed and manned with people of this country and of others in the above-mentioned port, and that she had made different prizes in the neighborhood of Cadiz and other points, since there now is in the port of New York the Spanish polacre, the "Leona," captured by her, whose cargo, consisting of two hundred thousand dollars, is concealed—where, it is not known; and in the same port of Baltimore, there are deposited the proceeds of the Spanish brig "Sereno "and her cargo, captured by the same vessel. No evidence can, in my judgment, be offered, which gives greater certainty to facts so notorious. If, by chance, any thing could he added thereto, it would be the acknowledgment of their atrocities. Nevertheless, I have the mortification to say, that neither this notoriety nor the reclamations of His Majesty's consul at that port have as yet been sufficient to produce those steps which are required by humanity, to secure the person of this notorious pirate, to take the declarations of the crew, and to prevent their enjoying their plunder to the prejudice of the lawful owners.

I think it my duty to bring this incident to your knowledge, and I doubt not that the President, when informed thereof by 3'ou, will take it into the serious consideration which it merits, and give the most positive orders that a suit be instituted against this pirate, that an attachment be laid on all his property and funds wheresoever they may be placed throughout this republic, and that they be held at the disposal of those owners who may prove their property.

As I propose to despatch a messenger in a few days to my Government, and it will be very agreeable to me to give to His Majesty an assurance that the United States are seriously disposed to put an end to the injuries resulting to Spain from the non-observance of the treaty between the two nations, I will thank you to inform me as speedily as possible of the measures which may be taken in this case, and in that on which I address you in a separate despatch of this date.

LUIS DE ONIS.

Department of State, March 28, 1817.

Sir:

I have had the honor to receive your two notes, dated the 26th of this month, stating that you have been informed that two armed vessels, which have been committing unauthorized depredations upon the commerce of Spain, have recently arrived at Norfolk, and that a third, liable to the same charge, has arrived at Baltimore; thus bringing themselves within the reach of those laws against which, in the above, and in other ways, it is alleged they have offended.

Conformably to the constant desire of this Government to vindicate the authority of its laws and the faith of its treaties, I have lost no time in writing to the proper officers, both at Norfolk and Baltimore, in order that full inquiry may be made into the allegations contained in your notes, and adequate redress and punishment enforced, should it appear that the laws have been infringed by any of the acts complained of.

I use the present occasion to acknowledge also the receipt of your note of the 14th of this month, which you did me the honor to address to me, communicating information that had reached you of other and like infractions of our laws within the port of Baltimore; in relation to which I have to state, that letters were also written to the proper officers in that city, with a view to promote every fit measure of investigation and redress. Should it prove necessary, I will have the honor to address you more fully at another time upon the subjects embraced in these several notes. In the mean time, I venture to assure myself, that in the readiness with which they have thus far been attended to, you will perceive a spirit of just conciliation on the part of this Government, as well as a prompt sensibility to the rights of your sovereign.

I pray you, sir, to accept the assurances of my distinguished consideration and respect.

RICHARD RUSH.

The Chevalier de Onis.

Don Luis de Onis to the Acting Secretary of State.

Washington, March 29, 1817.

Sir:

By your note of yesterday I am apprized that the President, on being informed, by the notes to which you have replied, of the audacity with which the pirates armed in this country introduce into it the fruits of their robberies, has been pleased to give suitable orders to the authorities at Norfolk and Baltimore that, having ascertained the facts which I have brought to his knowledge, they should duly proceed according to law against the violators of the laws of this republic. The district attorney for the United States at Baltimore has replied to the King's consul there that he has no evidence upon which he can proceed against Captain Almeyda; but if a witness should offer, who will depose to the facts referred to, he will proceed to order an embargo to be laid on his vessel. I am perfectly aware that good order, the personal security of individuals, and the prevention of any violence being committed upon them, require that suits should be instituted according to the rules of court: but when a crime is notorious to all, and is doubted by none; when the tranquillity and security of the state, the honor of the nation, and the respect that independent Powers owe to each other, are interested in putting a stop to crimes so enormous as those I have had the honor to denounce to you, it appears to me that the magistrates are authorized to collect a summary body of information, to inquire whether the public opinion is doubtful, and if there be ground to institute a suit. The collector of the customs cannot be ignorant that the three vessels which I have named to you were built and fitted out at Baltimore; that they were cleared at that custom-house as Americans; that their crews were, at their departure, composed of citizens of this Union, as were their captains; and that the effects which they

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have landed can only come from Spanish countries. What stronger testimony (if more is wanted) than their own declaration can be desired, to proceed against these pirates?

The ships' papers, the declarations of the crews, the log-book, are all testimony which can throw light upon the truth or falsehood of the crime alleged, and makes it unnecessary to trouble them, until it be ascertained that there is ground for proceeding judicially against them.

It must have been known to you, sir, that when the rebel Mina armed and equipped at Baltimore for the purpose of attacking the dominions of the King, His Majesty's consul presented two declarations, sworn to by two officers, who had accompanied him, setting forth all the plans and projects of this traitor, and the manner in which he had violated the laws of the republic; that, on another occasion, the same consul presented the declarations, on oath, of four sailors of the pirate Potosi, stating the prizes they had made, the merchants to whom were addressed the effects stolen from the vassals of the King, and that, in both cases, they were considered insufficient to proceed against these highway robbers, and to afford the vassals of His Catholic Majesty that protection which they had a right to expect of a friendly Power.

At this very moment I have received advice from His Majesty's consul at Norfolk, stating that a quantity of seroons of cochineal, indigo, and Jesuit's bark, brought in by the two privateers, the Independence of the South, Captain Chaytor, and the Altavela, alias Romp, Captain Grennolds, has been shipped at that port on board the packet which sailed on the 23d instant for New York, in order that, by changing place and appearing to be cleared out by other merchants, the vassals of His Majesty may be deprived of their property, and the pirates and merchants who have fitted them out become the owners of the booty. No one renders more justice to the rectitude of the President than I do, and to the sincere desire that he has to put a stop to practices so contrary to the virtue and good faith which characterize this republic; but it is that very cause which lays me under the necessity of exposing these practices, with an entire confidence that the President will only see in this communication my anxious desire to prevent any obstacles being thrown in the way of the friendly arrangement now pending between the two Powers. The treaty of limits and navigation existing between them establishes, in the most positive manner, that the two nations have agreed to consider as pirates all vessels fitted out in the two countries, respectively, manned and commanded by their respective subjects or citizens, acting in a hostile manner against one or the other of the two contracting parties under a foreign commission. The acts of Congress of the 5th of June, 1794, of the 14th of June, 1797, and the second section of that of the 30th of April, 1790, prescribe the punishment to be inflicted on these persons, and the steps to be taken on both sides to restore the property to its lawful owners.

I rely on your justice and friendly sentiments towards my Government for promoting with the President such orders as, in his wisdom and foresight, will seem to him best adapted to prevent the evasion of the laws, and the sacrifice of that portion of His Catholic Majesty's subjects who have been robbed by these pirates.

I renew, &c.

LUIS DE ONIS.

Don Luis de Onis to the Acting Secretary of State.

Washington, April 4, 1817.

Sir:

Although I have always made it a duty not to intrude on the attention of this Government by remonstrances which are not founded on incontestable facts, or at least on moral evidence, yet it appeared to me, in the conference which I had with you yesterday, that you were not satisfied with the complaints I lately addressed to you against the pirates Potosi, Mongore, Congreso, Independencia del Sud, and Altavela. I have now the honor to annex a copy of a letter from the owners of the Spanish ship Nuestra Señora de los Dolores, and of one from the consignee at Havana, by which you will be informed that the said vessel was captured near to Cadiz by the pirate Independencia del Sud, Captain James Chaytor,

I also enclose to you the declaration, on oath, of Joseph Ojeda, captain of the Spanish schooner Catalina, captured by the pirate Almeyda, commanding the Orb, alias the Congreso. By this declaration you will see the number of Spanish vessels he has plundered, those he has burnt, and those he has sent to other ports. I flatter myself that you will find in these documents, if not all the evidence required by the laws of the United States for the punishment of a man who has committed so many atrocious acts, at least sufficient to justify the detention, for the benefit of the lawful owners, of the property which he is endeavoring to introduce clandestinely into this country, in violation of the treaty of friendship, limits, and navigation now existing between the two Powers.

I hope, sir, that you will allow me to use the term pirates, in speaking of these banditti. My impression is, (and I found it upon the treaty of amity I have just referred to,) that every vessel built or fitted out within the jurisdiction of this republic, manned and commanded by citizens of the Union, which is navigated and commits hostilities under a foreign flag, is and must be deemed a pirate; that, as such, it is liable to confiscation, with all the property on board, that it may be afterwards restored to the lawful owners, although no one should present themselves to make the claim in their behalf, as would be done in the case of any known murderer, or of one against whom there existed strong suspicions of having committed a crime against society, and this for the purpose of satisfying the calls of public vengeance. I hope that you will have the goodness to inform me if I am mistaken in this conception, and, in case it should be that of the President, that you would be pleased to obtain such measures of him as, in his wisdom, he may deem most proper to prevent the vessels above mentioned, together with their captains, again putting to sea, and to afford that protection to His Majesty's subjects which they have a right to expect, from the close friendship existing between the two Governments, by laying an attachment on the property on board those vessels, that it may be delivered up when its owners are ascertained.

I renew, &c.

LUIS DE ONIS.

No. 1.

Havana, December 17, 1816.

Sir:

The foregoing is a copy of my last of the 4th instant, which I confirm. I am again obliged to trouble you by requesting you would be on the watch, if the ship called the Na. Sa. de los Dolores, alias the Primera, should put into any port of the United States; which vessel I despatched for Cadiz on the 10th of July, under the command of Captain Nicholas Larrea, with a cargo of sugar consigned to the owner, Don Juan Fsco. de Vergara, of the same place, who, under date of the 3d of September, informs me of her capture on the 27th of August, near Cape St. Vincent, by the privateer Independencia del Sud, Captain James Chaytor, and gives me authority to claim or ransom her, as you will see by a copy of his letter, enclosed. I therefore hope you will do me the favor to advise me of whatever may turn up in the affair, that the requisite orders may be promptly given.

FRANCO. DE PAULD DE MAURA.

Don Thomas Stoughton.

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No. 2.

Cadiz, September 3, 1816.

Sir:

On the 27th of August last, at the distance of twenty-two leagues from Cape St. Vincent, the ship Na. Sa. de los Dolores, alias Primera, Captain Nicholas Larrea, which sailed on the 10th of July of the present year, was captured by the insurgent schooner brig of Buenos Ayres, called the Independencia del Sud, commanded by James Chaytor. On being captured, Captain Larrea endeavored to ransom his vessel and cargo, and the commander of the privateer actually agreed to estimate the sale at $50,000, including therein $5,000 for the vessel, the ransom to be paid in Cadiz. When they were on the point of drawing up the necessary writings, the brig Golondrina, from Cumana, appeared in sight, which being likewise made prize of, she was afterwards liberated to carry to Cadiz the crew of the Primera, and on that account the ransom was not carried into effect. As it appears, by information, that the privateer which captured her was fitted out in North America, and commissioned by the insurgent Government of Buenos Ayres, she will be purchased for little or nothing. I understand that she will be ordered to the Cayes of St. Louis, St. Thomas, St. Bartholomew, North America, Jamaica, or some other English port. It will, therefore, be for my interest and that of your brother, Don Pascal, &c.

JUAN FSCO. DE VERGARA.

Don F. DE P. MORENA DE MAURA.

No. 3.

Baltimore County, State of Maryland, to wit:

Be it remembered that, on the 1st day of April, 1817, personally appeared before me, Daniel Rogers, notary public for this State, Diego José Ojeda, and, being first duly sworn according to law, deposes as follows: That he was captain of a Spanish schooner called the Nueva Catalina; that he was taken in the said schooner, on the coast of Cuba, by a privateer called the Congreso de Buenos Ayres, commanded by Joseph Almeyda; that, in the night of the same day, the 9th of February last, his said schooner was taken by the Spanish brig of war Campedor, and immediately afterwards taken again by the same privateer; when, having taken out all the provisions and best part of the sails, fire was put to the said schooner Catalina, and her crew put on board an American schooner, with the exception of the captain, the second mate, the cook, and two passengers; whom Captain Almeyda said he would not liberate until the same had been done with one of his officers and five men who had been taken prisoners there; during the deponent's stay on board of Almeyda's privateer he took the schooner Ardilla from Omoa with a cargo of sarsaparilla and $2,000; which sum was taken out and the schooner burnt.

On the 19th of February he captured two brigs, the San Antonio de Padua, from Vera Cruz, for the Havana, in ballast, and having some money on board; this vessel was also burnt. The other brig, San José, from Havana to Campeachy, with a cargo of brandy, wine, and other goods, was completely plundered, and the prisoners of the Ardilla and San Antonio, with the two passengers of the Catalina, were put on board of her, keeping a man of each vessel on board of the privateer; the San Jose was then allowed to proceed to Campeachy.

On the 24th he captured the Paz, bound from Sisal to Havana, on board of which vessel a prize-master and eight sailors were sent, as also the mate of the Catalina. She was then despatched for Galvezton. Her crew were put on shore at about eleven leagues from the port of Sisal; and this deponent further states that Almeyda made sail for this place, where the said deponent was not allowed to land until the 28lh of March last, when he was sent on shore without any of the papers of his vessel, Almeyda having taken possession of them.

In testimony whereof, the said deponent hath hereunto subscribed his name, and I, the said notary, have hereunto set my hand and affixed my notarial seal, the day and year first hereinbefore written.

DANIEL ROGERS, Notary Public, [l. s.] DIEGO OJEDA.

The foregoing is a copy of the original, transmitted under this date to the district attorney for the district of Maryland.

PABLO CHACON.

Don Luis de Onis to the Acting Secretary of State.

Washington, April 5, 1817.

Sir:

As nothing can be more flattering to me than to prove to you that all my reclamations bear the stamp of the most scrupulous exactness and truth, I have the honor to enclose the declaration, on oath, of two seamen of the Spanish brig San Antonio de Padua, captured by the pirate Almeyda, by which you will see that this pirate has not confined himself to taking and burning Spanish vessels, but has also detained and robbed an English vessel upon the high seas.

I hope that you will have the goodness to bring the said document to the knowledge of the President, as a corroboration and support to the reclamations which I have addressed to you, in order that the property plundered by that pirate, and by the Potosi, Independencia del Sud, Mongore, and Altavela, may be secured for the subjects of the King, my master, and that they may not be permitted to return to sea, to continue their depredations.

I renew my respects, &c.

LUIS DE ONIS.

Baltimore County, State of Maryland, to wit:

Be it remembered that, on the 4th day of April, in the year of our Lord 1817, personally appeared before me, a justice of the peace of said county, Lewis Falcone and Bernard Falcone, Italians, and, being first duly sworn according to law, depose as follows:

That they belonged to the crew of the Spanish schooner San Antonio de Padua, he, the said Lewis, being gunner thereof; that having sailed from St. Jago de Cuba, bound for Havana, on or about the 28th of January last, they were chased and captured the same day by a Buenos Ayres privateer, called the Congreso, commanded by one Jose Almeyda, who took the deponents on board his vessel, depriving them of fifty boxes of segars, four barrels and five bundles of Spanish tobacco, and a bag containing silk handkerchiefs; that, during their stay on board Almeyda's vessel, he took seven Spanish prizes, three of which he burnt; and on or about the 15th of March, near the port of Havana, he fell in with a British brig, chased her under Spanish colors, and, when sufficiently near, fired into her, hoisting at the same moment the Buenos Ayres flag. The brig, being armed, was defended by discharges of grape shot nearly the whole day, but, being boarded in the evening, was compelled to surrender: during the whole transaction the British ensign was at her main peak, and no other flag. Her crew were taken on board the Congreso, and the vessel plundered of several valuable articles of gold and silver. She was given up and

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allowed to proceed. Her mate received a musket-shot through the head, of which wound it was almost impossible he could recover. And these deponents further state, that Almeyda after this proceeded to the United States, and arrived at Baltimore on or about the 28th of March last.

LEWIS FALCONE,

BERNARD FALCONE, his X mark.

Sworn to and subscribed before me, by Anthony Canno,

THO. W. GRIFFITH.

The Chevalier de Onis to the Acting Secretary of State.

Washington, April 18, 1817.

Sir:

By the information which has been transmitted to me by His Majesty's consul at Baltimore, in relation to the legal steps taken by him for the seizure of the pirate "Congreso," Captain Almeyda, and the attachment of her cargo, it appears that the court of Baltimore county has declared its incompetency to take cognizance of this cause, on the plea that the Congress had not the power to alter the mode pointed out by the constitution, in which similar causes are heard and decided in the Supreme Court of the United States; from which decision it follows that no State judge, or justice of the peace, has power to arrest any individual for a violation of the laws of this republic. I will not permit myself [to indulge in] any reflection upon the form of law which may be laid down for cases of this nature, nor upon the powers which are, or are not, within the competency of the Legislature; but I cannot the less express to you my surprise that the States' attorney has not given the direction recommended by the laws to an affair which, in addition to the justice due to the subjects of His Catholic Majesty, so essentially interested the honor of the United States, by the violation of its statutes, its treaties, and its neutrality with foreign nations.

The result of all which is, that the pirate Almeyda is at full liberty; that his vessel, the "Congreso," is released from attachment; and that he is free to land, and place in safety, the fruits of his piracies; that, during several weeks, he has had thirty hands at work upon his vessel, sheathing her with copper, making new sails, and giving her a thorough repair; and that there is an appearance that he will profit by the first favorable wind to put to sea, and continue with greater fury his atrocities and piracies, before the suit can be instituted in the court which is now designated, if effectual measures be not taken to prevent him.

I therefore hope that you will be pleased to lay the foregoing subject before the President; and I doubt not that, animated by his desire to preserve the friendship which happily subsists between Spain and this republic, he will adopt those measures which appear to him most suitable to prevent the evasions employed to obstruct the course of justice, and burden the United States with an indemnification for injuries of such magnitude, occasioned to the subjects of the King, my master, by reason of the non-observance of the treaty which exists between the two nations.

LUIS DE ONIS.

The Chevalier de Onis to the Acting Secretary of State.

Washington, April 19, 1817.

Sir:

Although I was persuaded that the act of Congress of the 3d of March, relative to the preservation of the neutrality of the United States, in addition to the treaty of friendship, limits, and navigation, existing between Spain and this republic, and to the act of 1797, which prescribes the mode of pursuing the violators of the laws of this republic, would exempt me from again calling your attention, by new reclamations, to the injuries which the subjects of the King, my master, incessantly experience from the privateers armed in the ports of this Union, the annexed copies of notes which His Majesty's consul at Norfolk has addressed to the States' attorney, and to the collector of the customs, and the answer which he received from the latter, will show you that nothing is sufficient to put a stop to the evil of which I have so often complained to this cabinet.

By these documents you will see, notwithstanding the proofs presented by Don Antonio Argote Villalobos, that the pirates "Independencia del Sud" and "Altavela" were both fitted out at Baltimore; that their captains, Chaytor and Grennolds, are American citizens, as well as their crews; that both the one and the other have received commissions, and cruised under a foreign flag, against the Spanish commerce; that they were then strengthening their armament and increasing their crew; and, finally, that the same collector, who acknowledges they bring no manifest (registro) of the articles they have on board from any authority or port, known or unknown, thereby evidently proving that they were stolen on the high seas, refused to arrest this property, unquestionably stolen, to hold it at the disposal of the owners, who might prove their claims; and to detain the vessels, which, in manifest violation of the laws of this republic, and, above all, of the act of Congress of the 3d of March, are there preparing to return to their cruise.

I shall abstain from fatiguing you further upon a subject to which I have so often claimed your attention and that of the President. I flatter myself that the transmission of the proceedings, such as they have been transmitted to me, and the elucidation afforded by the annexed copies, will be sufficient to induce the President to acknowledge the urgency of adopting measures really effectual, at once to put an end to these piracies; otherwise His Majesty will not be able to see, in a continuance of these excesses, a confirmation of the assurances which the President has given me of his desire amicably to adjust, by means of a treaty, all the differences pending between the two Governments, and to strengthen the friendly relations with His Majesty by new arrangements mutually advantageous to both states; nor the pledge which I have already given him, that if the above-mentioned act of the 3d of March did not repair the evils suffered by his subjects until that period, it would at least prevent those by which they were threatened in future.

I renew to you, &c.

LUIS DE ONIS.

No. 1.

Spanish Consul's Office, Norfolk, April 10, 1817.

Sir:

I found it my duty, on a former occasion, to make an official application to you, in the case of the armed schooner "Potosi," Captain Chase, said to be acting under a commission from the pretended Government of Buenos Ayres, (where, by the by, she had never been,) but which had been fitted out, armed, and equipped in the port of Baltimore, to cruise against the subjects of Spain, contrary to the law of nations, and in violation of the neutrality

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of the United States, their laws, and stipulations in the existing treaty between the two nations, concluded on the 27th October, 1795, and in opposition to the intentions of the Government, manifested in the President's proclamation of the 1st September, 1815, and since more fully displayed by the act of Congress passed on the 3d March ultimo, entitled "An act more effectually to maintain the neutral relations of the United States."

I do not doubt, sir, but that you participate in the indignation which every honest man feels at the lawless proceedings, the greedy rapacity, and, in many instances, horrid cruelties of this set of sea depredators, who, being for the most part citizens of the United States, are a disgrace to this country; but still, you did not think yourself authorized to interfere, though in your reply, dated the 16th of December ultimo, you expressed that you would take care in that, as in other cases, to see that the laws of the United States and other regulations of the Government are duly observed.

Impelled again by duty, and relying on the assurance (just quoted) in your said letter of the 16th of December ultimo, I do myself the honor of addressing you the present letter, to request you to interpose your authority for the purpose of detaining the armed brig "Independencia del Sud," alias the "Mammoth," commanded by James Chaytor, and the schooner "Altavela," alias the "Romp," Captain Grennolds; both which vessels have been armed and equipped in this country, in violation of the law of nations, the neutrality, laws, explicit stipulations, and professed intentions of the Government of the United States, and are commanded, and principally manned, by citizens thereof.

As these violators of all law pretend to shield their conduct under a commission from a Government the existence of which is not acknowledged by this or any other civilized country, it becomes necessary for me to call your attention to the fourteenth article of the treaty existing between Spain and this country, by which you will find that it is expressly forbidden to the citizens and subjects of either nation, respectively, to take any commission from any prince or state with which the other nation shall be at war; and such as will take such a commission are punishable as pirates. Upon the strength of this article, and in vindication of the laws and honor of the United States, I must solicit you to put a stop to the further proceedings of these freebooters, and to deter them from going on in their criminal course to the great detriment of the commerce of Spain, a nation in amity with this country, and to the annoyance of the peaceable commercial subjects of all other nations. I must further solicit you to stop these vessels, on the ground that they have in this port improved their equipment and considerably augmented their crews, by enlisting several individuals, contrary to the said act of Congress of the 3d of March ultimo; which enlistment is the more aggravating, because most of the individuals so enlisted are known to be citizens of this country. I also solicit you to stop and keep in your possession certain stolen goods, namely, cochineal and indigo, which I am told are now in the custody of the custom-house under your direction, reserving to myself to prove hereafter the true owners of this property. I must add the request to be furnished with a copy of the entry or manifest of the goods or articles of merchandise imported by, and landed at this port from, the said cruisers.

In closing this letter, I cannot forbear expressing a hope that you will give to this application all the attention which the nature of the case requires, and that you will not delay your answer, from the tenor of which I shall regulate my conduct, so as to acquit myself of that duty to my King and country imposed upon me as well by my office as by my personal feelings.

With great respect, I remain, &c.

ANTONIO ARGOTE VILLALOBOS.

Charles K. Mallory, Collector of Norfolk and Portsmouth.

No. 2.

Spanish Consul's Office, Norfolk, April 10, 1817.

Sir:

The enclosed is a copy of an official letter which I have addressed this day to the collector of the customs of this port.

As there is no question but that the Government of the United States are bound to punish such of their citizens as, in defiance of all law, have committed hostilities against a friendly nation, and also to arrest them in their progress when they are seen within their jurisdiction preparing to continue their nefarious course; and as it is in your province, as district attorney, to see that the laws of the Union are duly enforced, both in the punishment of crimes and in the prevention of them, I make the same application to you that I have made to the collector, requesting you, in the name of my Government and the suffering subjects of Spain, to issue such process as will deter James Chaytor and Captain Grennolds, their officers and crews, mostly American citizens, from going out of this port to renew their depredations on Spanish commerce; at the same time that I leave it to your discretion to institute any further proceedings that the nature of the offences already committed may admit of, and of which I shall furnish proofs in due time. I must also request you to secure, in behalf of the true owners of the stolen property which can be come at, namely, a parcel of cochineal and indigo, landed by these privateersmen at this port, and said to be now in the custody of the custom-house.

I hope, sir, that you will see the propriety of my applying to you in the present instance, and that you will do me the favor to answer this letter, apprizing me of the course you mean to adopt, for my information, and to enable me to give proper intelligence to my minister.

I remain, &c.

ANTONIO ARGOTE VILLALOBOS.

William Wirt, Esq., District Attorney of the United States, Richmond.

No. 3.

Collector's Office, Norfolk, April 11, 1817.

Sir:

I had the honor to receive your note of yesterday, in relation to the two armed vessels now lying in this port, under the flag of the Government styling itself "the United Provinces of the river Plate," the one called "Independencia del Sud," and the other "Altavela." You require me to detain these vessels upon the grounds that, in violation of the law of nations, the neutrality, laws, explicit stipulations, and professed intentions of the Government of the United States, they have been armed and equipped "in this country, and are commanded and principally manned by citizens thereof;" that, under the fourteenth article of the treaty between Spain and this country, they are pirates; and that, in violation of the act of Congress of the 3d March last, "more effectually to preserve the neutral relations of the United States," "they have in this port improved their equipment, and considerably augmented their crew, by enlisting several individuals." In reply to which, I conceive it proper only to

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remark, that these vessels have not been unnoticed by me, and that, in my conduct towards them, I shall endeavor, as I have done, to observe that course which my official duties appear to me to have prescribed. In pursuing which, that 1 may have the aid of every light to guide me which facts can afford, and the allegations thus made by you in an official form must be presumed to be bottomed on positive facts, which have come to your knowledge, you will have the goodness, I trust, to furnish me, with as little delay as possible, with the evidence of their existence in your possession.

In respect to the merchandise landed from these vessels, and deposited in the public store, which you request me to retain in my custody for proofs to be obtained by you as to the owners of it, I have to observe, that the circumstances of the case, as far as they are at present known to me, do not seem to require that I should take upon myself the responsibility; on the contrary, that these goods should be regarded as the property of those who deposited them, subject to be delivered to them, on complying with all the requisites of the laws for the protection of the public revenue.

There was no regular manifest or entry of these articles, or a copy of it should be furnished to you, according to your request; but simply a memorandum of them, and a receipt of the keeper of the public store, from which it appears that there were ninety-two bales or packages of cochineal, jalap, and vanilla, consisting chiefly of the first-mentioned article.

I am, &c.

CHARLES K. MALLORY.

Don Antonio Argote Villalobos, His Catholic Majesty's Consul, Norfolk.

No. 4.

Sir: Spanish Consul's Office, Norfolk, April 12, 1817.

I have the honor to acknowledge the receipt of your letter of yesterday, in answer to mine of the day before, soliciting you to detain the privateers "Independencia del Sud" and "Altavela," on the grounds that those vessels have been originally armed and equipped in this country, and are now commanded and principally manned by citizens of the United States, and because they have in this port improved their equipment, and augmented their crews by enlistment; and further, soliciting you to retain in your possession, and not to re-deliver to those privateersmen, certain articles of stolen goods now under your custody; in reply to which you are pleased to observe, that those vessels have not been unnoticed by you, and that you shall endeavor to observe, with regard to them, that course which you think your official duties prescribe to you; requesting me, at the same time, to furnish the evidence to prove the facts that I have set forth, in order that you may have the aid of every light to guide you; and, finally, you observe that, from the circumstances of the case, you do not think you ought to take upon yourself to retain possession of the property above mentioned, of which you give a description in general terms.

With regard to the evidence you require, I will not hesitate to say that, as the facts I have stated are matter of public notoriety, known to every body, and I had no reason to suppose that you were ignorant of them, I did not deem it incumbent upon me to add any proof to the simple narration of them; and I was confident that, by going on to point out to you the stipulations and laws which are infringed in consequence of those facts, you would think yourself authorized to interfere in the manner requested.

I will assert, sir, as a known fact, that the brig, now called Independencia del Sud, is the same vessel which was formerly known under the name of the Mammoth privateer, belonging to Baltimore, armed and equipped in that port, from which she sailed under the command of the same Chaytor who still commands her; that the very same James Chaytor was necessarily then, and cannot have ceased since to be, a citizen of the United States; is settled, and has a family in Baltimore, whence his wife came down a few days ago in the packet Walter Gray, and is now in this town on a visit to her husband; that he has enlisted men in this port, many of whom are not so obscure as not to be generally known. I will mention, as an example, Mr. Young, of Portsmouth, who is now acting as first lieutenant on board the said brig. I will assert as a fact that the Altavela is the very schooner known before under the name of the Romp, the same that underwent a trial for piracy before the federal court in this State; that her present commander, Captain Grennolds, is a native of one of the neighboring towns, and very well known in this place; and, finally, that this vessel has been at one of the wharves altering her copper, which I call an improvement in her equipment.

If these public facts, falling within the knowledge of every individual, require more proof than the public notoriety of them, I must request to be informed as to the nature of that proof; and, also, whether you are not warranted to act upon just grounds of suspicion, without that positive evidence which is only necessary before a court of justice.

Respecting the property which I have solicited you to stop, as you seem not to think yourself authorized so to do, I must observe to you that, by the law in general practice in this and other countries, property in suspicious hands is frequently stopped; and I will go further, and assert that there is no doubt of the goods in question being stolen goods, or what, by way of softening the expression, are called prize goods; and all such property hitherto brought into this country by this sort of cruisers has been adjudged by the federal courts stolen, property, and has been ordered to be restored to the rightful owners. I do, therefore, most solemnly lay claim to this property in behalf of the lawful owners, who, I am confident, will, at no distant period, come forward themselves to demand it; and I hereby reserve to them their rights unimpaired, to sue and recover from whomsoever they may be entitled to claim under the law of nations, and in conformity to the sixth and ninth articles of the treaty between Spain and this country, concluded on the 27th of October, 1795, and under any other law that may make in their favor.

I will now conclude by expressing a hope that, upon a thorough view of the subject, you will consider it consistent with the duties of your office to accede to my solicitation for the relief of the injured subjects of Spain, and to prevent a number of bad citizens of this country from committing further depredations on their commerce.

I remain, &c.

ANTONIO ARGOTE VILLALOBOS.

Charles K. Mallory, Esq.

No. 5.

Collector's Office, Norfolk, April 14, 1817.

Sir:

I have had the honor to receive your letter of the 12th instant, and have bestowed upon it all the attention which the limited time allowed me would admit of.

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From the view I have taken of the facts, as now stated by you, which it is to be presumed are to be regarded as specifications under the more general charges set forth in your letter of the 10th instant, I must really confess I do not at present see grounds sufficient to justify the steps you require me to take against the armed vessels now in this port, and the merchandise which has been permitted to be landed from them, and deposited in the public store.

You assert, as known facts, that the brig now called the "Independencia del Sud" is the same vessel that was formerly known under the name of the Mammoth privateer, belonging to Baltimore, armed and equipped in that port, from which she sailed under the command of the same James Chaytor who still commands her. That this very same James Chaytor was necessarily then, and cannot have ceased since to be, a citizen of the United States; is settled, and has a family in Baltimore, whence his wife came down a few days ago in the packet Walter Gray, and is now in this town on a visit to her husband. That he has enlisted men in this port, many of whom are not so obscure as not to be generally known; and you mention, as an instance, Mr. Young, of Portsmouth, who you allege is now acting as first lieutenant on board the brig. You further assert as a fact, "that the Altavela is the very same schooner which was known under the name of the Romp, the same that underwent a trial for piracy before the federal court in this State; that her commander, Captain Grennolds, is a native of one of the neighboring towns, and is very well known in this place." And, finally, that this vessel has been at one of the wharves altering her copper, which you call an improvement in her equipment.

Now, sir, supposing these facts to be what you affirm they are, matter of too great public notoriety to require any thing like demonstration; do they prove so clearly that the brig now called Independencia del Sud was originally fitted out in this country to aid the United Provinces of the river Plate in their struggle for independence? that James Chaytor, a citizen of the United States, assumed the command of her with that intention, under a commission from that Government, in the port of Baltimore? and that he commenced his cruise against the vessels of the subjects of His Catholic Majesty, with whom the United States are in amity, from that port? On the contrary, do they not, with equal or greater certainty, tend to show that this brig, which you acknowledge was formerly the Mammoth privateer, belonging to Baltimore, was fitted out during the late war between this country and Great Britain, to cruise against the vessels of the subjects of His Britannic Majesty; that she was then under the command of, and probably owned in whole or in part by, the said James Chaytor; that on the termination of that war, the owners of the said vessel, having a right to dispose of her wheresoever and to whomsoever they thought fit, may have sent her under the command of the said James Chaytor, from Baltimore to Buenos Ayres, where she may have been purchased by the Government of that place, and put upon their naval establishment, and that the same James Chaytor might then and there have accepted the commission appointing him to the command of her? I wish not to be understood as contending that this was the case, but that it is an inference which may be fairly deduced from the facts as specified by you. The log-book and other documents which I have in my possession seem, moreover, to corroborate this view of the subject. It appears from them that she is a public armed vessel, not a privateer, and commenced her cruise from Buenos Ayres under the orders of that Government (be it whatever you may please to term it) in May, 1816. Whether the said James Chaytor had the right, under such circumstances, to accept the commission or not; or whether, when he sailed from Baltimore, being then a citizen of the United States, he cannot have since ceased to be one, appears to me plainly and simply the question: has a citizen of the United States the right to expatriate himself, and enter the service of a foreign Power not at war with his native country? A question which it is not my province to discuss, but about which, I apprehend, there can be but little doubt in this country, whatever be the antiquated notions prevailing upon the subject in the old Governments of Europe. His having a wife in Baltimore, and her coming to see him here, does not appear to me to affect the case at all; inasmuch as nothing is more common than for foreigners to have wives here, natives of the country; an illustrious instance of which might be given.

With respect to the facts assumed by you, of the enlistment of men in this port, of which you mention Mr. Young as an evidence, suffice it to say, that from intimations I had received anterior to the date of your letter, I had determined to make the proper inquiries, and to be satisfied upon this point before those vessels are permitted to sail, and shall be governed by the result; although it does not appear altogether perfectly certain that such an augmentation of their force is interdicted by the act of Congress of the 3d of March last, which, being a law highly penal in its nature, will admit of no latitude of construction. Permit me to observe, "en passant," that this Mr. Young is by birth an Englishman, served several years in the British navy, several in ours, and, I suppose, has now an equal right, provided it be not done in a manner to violate the laws of the United States, to enter into the service of the Government calling itself the "United Provinces of the river Plate," or any other Government that will receive him.

With respect, also, to the vessel called the Altavela, asserted by you to be the very schooner formerly known by the name of the Romp, and tried for piracy, I proceed to remark, that this vessel furnishes a strong argument against you; for, after a full investigation of all the charges against her, supported, as I believe they were, by some of her own crew, she was acquitted, as well as the commander of her, Squire Fish, who had previously been an officer in the navy of the United States. The same remark will apply with equal force to her present commander, Captain Grennolds.

Upon the subject of the fact lastly stated by you, of the improvement in the equipment of this vessel at one of our wharves, I have to observe that, on the arrival here of these vessels, I had them examined, and an inventory of their armament, equipment, &c. taken; and before their departure I shall cause a re-survey to be made, with a view to ascertain whether they have undergone, in any respect, any alterations prohibited by the laws of the United States. I cannot agree with you, however, that a mere alteration of her copper, rendered necessary, perhaps, by some damages which I understand were sustained in the bottom of the vessel, can be considered as an improvement "in her equipment."

As for the merchandise which you "most solemnly lay claim to," in behalf of those whom you term the lawful owners, which you assert "there is no doubt of being stolen, or what, by way of softening the expression, are called prize goods," I can only say, that I neither officially nor individually have any claim to it whatsoever. It is only deposited in the public store for safe-keeping, to guard against injury, as in other cases, which might result to the revenue of the United States; and I see no reason, from any thing you have advanced, to change the opinion expressed in my last upon the subject. I know of no decisions, such as you speak of, in the federal courts, adjudging prize goods to be "stolen property, and ordering it to be restored to the rightful owners." If there be any such decisions, they only go to show that it is by such authority only, and not by any that I possess, that the articles in question can be detained or restored.

Having thus, sir, gone through the different topics presented by you for my consideration, I shall conclude by assuring you it did not require any thing you have pointed out to me to remind me of any duty which the circumstances of this case have rendered, or may render, it incumbent on me to perform.

I am, &c.

CHARLES K. MALLORY.

Don Antonio Argote Villalobos, His Catholic Majesty's Consul.

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No. 6.

Spanish Consul's Office, Norfolk, April 15, 1817.

Sir:

I have received the letter which, in answer to mine of the 12th instant, you did me the honor to address to me yesterday.

Without denying any of the facts, on the strength of which I requested your interposition to prevent two armed vessels now in this port, commanded and principally manned by citizens of the United States, from sallying forth to renew their depredations upon the commerce of Spain, you state that you do not see sufficient grounds for stopping those vessels, or the merchandise landed from them, and now in deposite in the public storehouse in this place.

I do not mean to enter, on the present occasion, into a minute discussion of the several reasons you assign for the line of conduct which you think proper to pursue in this case, because I think it sufficient for me to transmit copies of my correspondence with you to my Government, through the channel of the minister plenipotentiary of His Catholic Majesty in this country. Still, you will permit me to advert to that part of your argument, purporting that it is not so clearly proved that Chaytor's views on leaving Baltimore with the armed vessel under his command, were to cruise against the subjects of Spain under a commission from the pretended Government of the river Plate; upon which I will remark, that it is no longer necessary to form conjectures about the probable intentions of men, when facts and overt acts have already fully developed their evil purposes. Thus, whether James Chaytor, in going out of Baltimore with the armed vessels still under his command, had hostile views against the subjects of Spain, a nation in amity with this country, is sufficiently solved by the hostilities which he has already committed, and still intends to commit, in the same vessel, against the said subjects.

1 must also be allowed to notice that part of your argument, "that, whatever may be the antiquated notions prevailing upon the subject in the old Governments of Europe, there is little doubt in this country about the question whether a citizen of the United States has a right to expatriate himself, and enter the service of a foreign Power not at war with his native country." In this you certainly appear to me to have set up a mere speculative opinion in opposition to a positive law, namely, the stipulations in the fourteenth article of the treaty with Spain, by which the United States have solemnly pledged themselves not to permit their citizens to accept commissions from any prince or state at war with Spain, for the purpose of cruising against her subjects, and to punish as pirates such of their said citizens as will act contrary to that stipulation.

With regard to the schooner Altavela, formerly the Romp, which vessel, you say, "furnishes a strong argument against me," because, although tried for piracy, she was not actually condemned, I cannot avoid remarking, that since the time when she escaped merited condemnation, and her commander and crew condign punishment, she has been out cruising with the armament and commission she took out from this country; (it is pretty well ascertained that she has never been at Buenos Ayres;) and that, in every respect, she is evidently a pirate, under the true meaning and intent of the said fourteenth article of the treaty with Spain; and that her said commander and crew are actually engaged in piratical pursuits, in which course it behooves the constituted authorities of this country to stop them when within their jurisdiction and completely in their power.

Nor can I forbear to observe, before I dismiss the subject, that the self-styled Government of the United Provinces of the river Plate will gain very little "in their struggle for independence" by commissioning such a gang of greedy freebooters, the scum of this and other countries, who, caring little for the fate of that deluded people, excite, by their voracious appetite for plunder, the indignation not only of the people of Spain, but of the honest and good of all other nations.

I will now conclude, sir, by repeating my solicitations and assertions contained in my letters of the 10th and 12th instant, and by solemnly protesting, in the name of my sovereign, against permitting a number of citizens, now within their jurisdiction, and under their control, to go out to cruise against the commerce of Spain, and to renew their hostilities against her subjects; and I do also protest against delivering back to them certain articles of merchandise, described by you in general terms in your letter of the 11th instant, which articles of merchandise are obviously taken from Spanish subjects, contrary to law, and especially contrary to the fourteenth article of said treaty with Spain, and which, from the tenor of the sixth and ninth articles of the same treaty, ought to be retained in behalf of the lawful owners.

I am, &c.

ANTONIO ARGOTE VILLALOBOS.

Charles K. Mallory, Esq., Collector of Norfolk and Portsmouth.

No. 7.

Collector's Office, Norfolk, April 15, 1817.

Sir:

I have been honored with your letter of to-day, in answer to mine of yesterday, and am perfectly pleased that our correspondence has issued in a determination on your part to transmit copies of it to your Government, through its minister in this country.

I have nothing further to add on my part, but assurances of the respect with which I am, &c.

CHARLES K. MALLORY

Don Antonio Argote Villalobos, H. C. M. Consul, Norfolk.

Mr. Rush to the Chevalier de Onis.

Department of State, April 22, 1817

Sir:

By direction of the President, I have the honor to ask whether you have received instructions from your Government to conclude a treaty for the adjustment of all differences existing between the two nations, according to the expectation stated in your note to this Department of the 21st of February. If you have, I shall be happy to meet you for that purpose. If you have not, it is deemed improper to entertain discussions of the kind invited by your late notes. This Government, well acquainted with and faithful to its obligations, and respectful to the opinion of an impartial world, will continue to pursue a course in relation to the civil war between Spain and the Spanish provinces in America, imposed by the existing laws, and prescribed by a just regard to the rights and honor of the United States.

I have the honor to be, &c.

RICHARD RUSH.

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Don Luis de Onis to the Acting Secretary of State.

Washington, April 23, 1817.

Sir:

I have received your letter of yesterday's date, in which you are pleased to inform me, by order of the President, that, if I have received the instructions which I expected, to conclude a treaty for the arrangement of all the differences pending between the two nations, you are authorized to enter into that negotiation with me; but, if not, you consider it improper to entertain discussions on the subjects treated of in my last notes.

In reply to these points, I have to inform you, with respect to the first, that (my conjectures being confirmed) my instructions have been intercepted by the pirates which infest the seas, whereby their arrival is so much delayed. I have despatched my secretary, Don Luis Noeli, in order that, by informing His Majesty of this unexpected event, he may cause them to be renewed to me. As to what relates to the second point, I refer to what I stated to you in my letter of the 21st of February, that I would entirely conform to the wishes of the President, to wait the discussion of those points until the arrival of the instructions.

In the same note you have been pleased to add, in reply to the different notes which I have addressed to you on the subject of the armament of privateers in this country for the purpose of cruising against the subjects of the King, my master, that this Government, faithful to its obligations, and respectful to the opinion of the impartial world, will continue to pursue a course, in relation to the civil war between Spain and the Spanish provinces in America, imposed by the existing laws, and prescribed by a just regard to the rights and honor of the United States.

As all my notes have been directed to this single object, and as I have, in conformity to your intimations, given correspondent orders to His Majesty's consuls to require of the tribunals the execution of those same laws, there is nothing left for me to do but to transmit to His Majesty this new assurance of the President, and to continue on my part to inform this Government of every thing which may contribute to maintain unalterable the relations of friendship which exist between the two nations, until the arrival of the instructions which I have requested, and further to strengthen them by a treaty which may put an end to all pending discussions.

I have the honor, &c.

LUIS DE ONIS.

Don Luis de Onis to the Secretary of State.

Philadelphia, September 2, 1817.

Sir:

The viceroy of New Spain informs me, in several despatches which I have lately received, of the frequent cases which have occurred of American vessels, both merchantmen and armed ships, which, in running along the coasts of those parts of the dominions of His Catholic Majesty, enter their bays, roads, and harbors, sometimes for the purpose of exploring the country and examining the state of things there, and at others for that of assisting the rebels with provisions, arms, and warlike stores, and of landing adventurers and other dangerous persons, whose object is to join the insurgents. The viceroy states that the American Colonel Perry had joined the traitor Mina with five hundred men; and Savary, the commandant of the mulattoes, with another body, having gone from New Orleans to incorporate their force with that of Mina and Aury at Galvezton, a place within the Spanish dominions; that American vessels are continually sailing from New Orleans with supplies of arms, ammunition, and provisions, for those banditti; that the American schooner "Saeta," from New Orleans, entered the harbor of Tampico, under the pretence of stress of weather, but, without any manner of doubt, for the purpose of examining the country; and that the privateer or pirate "Jupiter" had captured two Spanish vessels off the bar of the Mississippi, very near to several American vessels, &c. The viceroy concludes by saying, that he cannot possibly think that so many acts of hostility and violation of the laws of nations and of the existing treaty can be permitted or tolerated by the Government of the United States; and that, being desirous to contribute on his part to the maintenance of the amicable relations subsisting between this Government and that of His Catholic Majesty, he had treated the American vessels and citizens, even in the cases of hostility and violation referred to, with unexampled kindness; but that now he left it to my zeal to endeavor to obtain of this Government effectual remedies against these excesses; that, in the mean time, he had given orders to the governors, commandants, and other officers, at the most suitable places within his viceroyalty, neither to admit nor tolerate any American vessel, or of any other foreign nation, without the requisite passport and license; and that he would exercise the rigor of the laws against those who should disturb the good order and tranquillity of the King's dominions.

In consequence, therefore, of this request of the viceroy, I add this reclamation to those which I have already had the honor to address to the President, through the medium of the Department committed to you, on similar cases, and in the name of the King, my master; and I trust that, on your laying the whole before his excellency, he will cause the most effectual measures to be adopted to prevent the continuation of these excesses, and to enforce the due observance of the general principles of the laws of nations, and of the treaty which governs between Spain and the United States.

I renew, &c. LUIS DE ONIS.

Don Luis de Onis to the Secretary of State.

Philadelphia, September 19, 1817.

Sir:

A complaint having been laid before His Catholic Majesty's Government, by a part of the crew of the Spanish polacre "Santa Maria," captured on her passage from Havana to Cadiz by the pirate called the "Patriota Mexicano," commanded by José Guillermo Estefanos, manned with citizens of these States, and covered by their flag, under which he chased and brought to the said polacre, until, having ascertained her capture, he hoisted the insurgent flag. I have received the commands of the King, my master, to request of the President, through your medium, the most decisive measures for putting an end to the abuses practised in the ports of this Union, by arming privateers to cruise against the Spanish trade; thus prostituting the flag of the United States by these predatory acts, and trampling under foot, with unparalleled audacity, national rights and the existing treaty between Spain and these States.

I, therefore, now renew those urgent reclamations which, on former occasions, I have submitted to the President, through your Department, on this important point; and I trust that the numerous instances of these abuses and horrible depredations will induce his excellency to adopt energetic measures to restrain these excesses, which so deeply compromit the neutrality of the United States in the eyes of all nations, and are wholly repugnant to the friendship and good understanding happily subsisting between them and His Catholic Majesty.

I renew, &c.

LUIS DE ONIS.

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The Chevalier de Onis to the Secretary of State.

Philadelphia, November 2, 1817.

Sir:

His Majesty's consul at New York has transmitted to me a copy of his correspondence with the United States attorney for that district, whereby he requests that, in conformity with the act of Congress of the 3d of March last, he would oblige a certain armed brigantine to give security, or cause her to be seized; the said vessel having arrived at that port from Norfolk, under the flag of Venezuela, and recruited men to increase her crew, in order to proceed afterwards to Amelia island, there to join the adventurer McGregor, and to co-operate in his nefarious plans against the possessions of my sovereign and against the Spanish trade.

I have the honor to enclose a copy of the said correspondence, on the contents of which I think it entirely superfluous to make any comment; leaving it to you, sir, to decide whether the solicitude of His Catholic Majesty's consul at New York has been in conformity with the laws and the above-mentioned act of Congress, and whether the attorney for that district will rightfully have conformed thereto, by his strict observance of them, in obliging the owner or captain of the said armed brigantine to give the requisite security that he will commit no hostilities against the subjects of His Catholic Majesty, and in preventing him from proceeding freely to sea to commit new depredations.

It is very disagreeable to me to have to repeat to you, sir, what, unfortunately, I have been several times under the necessity of submitting to the President, through the medium of your predecessors, namely, that the act of Congress of the 3d of March, 1817, has in nowise lessened the abuses by which the laws are evaded, and render entirely illusory the laudable purposes for which they were enacted. From the greater part of the ports of these States there frequently sail a considerable number of vessels, with the premeditated intention of attacking the Spanish commerce, which carry their armament concealed in the hold. It rarely happens that they can be arrested, inasmuch as the collectors of the customs say that they have not at their disposition the naval force necessary to effect it; on the other hand, armed vessels, under the flag of the insurgents, enter into the ports of the Union, and not only supply themselves with all necessaries, but also considerably increase the means they already have of destroying the trade of Spain, as has recently been the case at New York, whereby the (so called) privateers of His Majesty's revolted provinces, which are in reality nothing more than pirates, manned by the scum of all countries, enjoy greater privileges than the vessels of independent Powers.

I request you, sir, to lay particularly before the President the case which now obliges me to trouble you, in order that his excellency, being made fully acquainted therewith, may be pleased to take such measures as are within his reach to cause the provisions of the laws of this republic to be carefully fulfilled, to preserve the observance of the neutrality with other Powers, and prevent the infraction of the treaty existing between the two nations; and thus avoid not only the serious evils that the said pirates cause to the subjects of His Catholic Majesty, but the increase of the difficulties which the two Governments are endeavoring to overcome, for the purpose of establishing their relations upon a more friendly and permanent footing.

I flatter myself that you will honor me with your answer; and, reiterating my respects, &c.

LUIS DE ONIS.

No. 1.

[Enclosed in Don Luis de Onis's letter of November 2, 1817.]

Consulate of Spain, New York, September 16, 1817.

Sir:

Some days ago there arrived in the port of New York an armed brig proceeding from Norfolk, which, I have been very credibly informed, is a vessel pretending to have a commission from Venezuela, but whose object, in coming to this port, was to procure an additional supply of men wherewith to commit hostilities against the subjects and possessions of the King of Spain. A few days ago I presented to the collector of the port of New York, an affidavit of a man named John Reilley, stating that he had been requested to enlist on board of a vessel, which was represented to him to be the privateer schooner Lively, bound to Amelia island, to join General McGregor, to invade the territories of His Catholic Majesty.

I am now informed that the brig above mentioned is the vessel alluded to, Reilley having either been mistaken in the name, or designedly deceived by the agents of the privateer. I now enclose the affidavit of John Finegan, by which you will perceive that the officers of the above brig (whose name is the Americana Libre, commanded by Captain Barnard) are enlisting, and have enlisted, men in this port to proceed against the Spanish possessions. I have caused application to be made to the collector, who doubts the extent of his authority in interfering with this vessel. Now, as there must be provisions in the laws and treaties of the United States vesting an authority in some of its officers to prevent the equipment of vessels and the enlistment of men in the United States to proceed against a foreign nation at peace with the United States, I make this application to you, most urgently requesting you to take whatever measures may be necessary immediately, in order to prevent the departure of the above vessel, at least until she shall give bonds that she will not commit hostilities against Spanish subjects. The vessel, it is said, will sail to-morrow morning.

Indeed, if an inquiry were instituted, I am induced to believe that the above brig would be found to be a pirate.

I have the honor, &c.

THOMAS STOUGHTON.

J. Fisk, Esq., District Attorney General of the United States.

Copy: LUIS DE ONIS.

No. 2.

[Enclosed in Don Luis de Onis's letter of 2d November, 1817.]

State of New York, ss:

John Finegan, at present in the city of New York, being duly sworn, saith: That he was requested by a man, who is represented to be the commissary of the vessel next mentioned, to go out in the patriot brig now lying at the quarantine ground; that the destination of the said vessel is to fight against the Spaniards; that the deponent was told, that, on his arrival in the Spanish possessions, he was to join the land service of the patriots; that deponent knows of five persons who have been engaged in like manner, who are about to proceed on board said brig; that

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deponent was told, that, as soon as he gets on board, he will receive his advance; that officers are at present employed in the city of New York, in looking out for men, and endeavoring to enlist them to proceed in the said vessel.

JOHN FINEGAN, his x mark.

Sworn this 16th day of September, 1817, before me,

SAMUEL B. ROMAINE.

Es copia: THOMAS STOUGHTON. Es copia: LUIS DE ONIS.

No. 3.

[Enclosed in Don Luis de Onis's letter of 2d November, 1817.]

Consulate of Spain, New York, September 17, 1817.

Sir:

I enclose the deposition of John Reilley, relating to the privateer brig, about which I yesterday had the honor to address you. You will perceive, by the affidavit, that officers belonging to that brig are openly employed in this city in recruiting and enlisting men to join with General McGregor, and invade the possessions of the King of Spain.

I need not remind you that, by the existing laws of the United States, these enlistments are unlawful, and that not only the vessel on board of which they are to embark is liable to seizure and forfeiture, but that the captain and the officers thereof, who are engaged in this business, are liable to a heavy fine and imprisonment. As these are flagrant violations of the laws of the United States, and calculated to produce serious injury to the property and to the possessions of His Majesty's subjects, I flatter myself that you will take, without delay, such steps as may be necessary to put a stop to these proceedings.

I have the honor, &c.

THOMAS STOUGHTON.

J. Fisk, Esq., District Attorney General of the United States.

Copy: LUIS DE ONIS.

No. 4.

[Enclosed in Don Luis de Onis's letter of 2d November, 1817.]

State of New York, City of New York, ss:

John Reilley, at present of the city of New York, mariner, being duly sworn, saith: That some days ago, deponent was requested to embark on board of a vessel which was said to be lying at the Narrows, in the bay of New York, for the purpose of going to join General McGregor, and to fight against the Spaniards; that, after he arrived at Amelia island, he might either join the land service or the naval service; that deponent would be paid as soon as he got on board; that several persons were engaged in looking out for recruits to proceed upon the same service, and many men were spoken to for the purpose. Deponent was then informed that the vessel was the privateer schooner "Lively," but has since learned that it was a mistake, and that the vessel in question is the patriot brig "Americano Libre," Captain Barnard, which is lying at quarantine ground, and is armed with several large guns, and many men; that several persons, who are officers, captains, lieutenants, and so forth, are at present employed in recruiting men to join that service, and proceed in the said brig to Amelia; that many hands have already been bespoken, and are now waiting for money, which has been promised to them; that the offers made to them are to give them eight dollars a month, and clothing, together with ten or twelve dollars advance. Deponent supposes that the officers above mentioned were in treaty with about twenty persons, who were to go on board as soon as their advance was paid to them, and which the said officers told them would be during the course of the day; among the officers there is one who is called a general. That the above men were told, in deponent's presence, by the officers who were enlisting them, that they were principally wanted to join the land service against the royalists. And further the deponent saith not.

JOHN REILLEY.

Sworn this 16th day of September, 1817, before me, FRANCIS R. TILLON, Notary Public.

Es copia: THOMAS STOUGHTON. Es copia: LUIS DE ONIS.

No. 5.

[Enclosed in Don Luis de Onis's letter of 2d November, 1817.]

New York, September 17, 1817.

Sir:

I have duly received your notes of yesterday evening and of this day, and have referred to the statutes providing for the punishment of the offences stated. It is not a case, from the evidence mentioned, that would justify the collector in detaining the vessel; the aggression is to be punished in the ordinary mode of prosecuting those who are guilty of misdemeanors. Oath is to be made of the facts by the complainant, who enters into a recognizance to appear and prosecute the offenders, before any process can issue. This oath being made, and recognizance taken, the judge of the circuit court will issue a warrant to apprehend the accused, and bring them before him, to be further dealt with according to law. When apprehended, it is the province of the attorney of the United States to conduct the prosecution to judgment. I have no authority to administer an oath, or to issue a warrant, nor have I the power to issue any process to arrest and detain the vessel in question, unless by the direction of an executive officer of the United States. By the reference you have furnished, the parties complained of are to be prosecuted either under the fourth section of the act of Congress passed on the 3d March, 1817, or under the second section of the act passed 5th June, 1794. By adverting to these statutes, it will be seen that the vessel is not liable to seizure for the act of any person enlisting himself to go on board, or for hiring or retaining another person to enlist. The punishment is personal to the offenders; and those who disclose the fact, on oath, within thirty days after enlisting, are protected from prosecution. The offenders are to be arrested and prosecuted in the manner I have stated. I beg

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you to be assured, sir, that it is not from a disposition either to shrink from the performance of my duty, or to decline interfering to defeat any illegal enterprise against the subjects or possessions of a Power with whom the United States are at peace, that I have stated to you the embarrassments I must encounter in attempting a compliance with your request upon any information with which I am furnished. If it is in your power to procure the names of the parties, and the evidence upon which a prosecution for a misdemeanor can be founded, I will readily co-operate with the proper authorities in having every offender arrested and brought to justice. It is impracticable for me, or any other officer of the United States, to take any legal measures against aggressors upon the indefinite statement of certain persons being concerned in an illegal transaction. Since the receipt of your notes, I have had an interview with the collector, and we are unable to discover any other legal course of proceeding in this case than that adopted in the ordinary cases of misdemeanor.

I have the honor to be, &c.

JONATHAN FISK.

Thomas Stoughton, Esq.

Es copia: THOS. STOUGHTON.

Copy: LUIS DE ONIS.

No. 6.

[Enclosed in Don Luis de Onis's letter of 2d November, 1817.]

Sir: Consulate of Spain, New York, September 19, 1817.

I have the honor to acknowledge having received yesterday your letter dated the 17th instant, in reply to mine of the 16th and 17th, wherein you mention that the case whereof I informed you in those communications was not one which would justify the collector in detaining the vessel; that the aggression is to be punished in the ordinary mode of prosecuting those who are guilty of misdemeanors; that oath is to be made of the facts by the complainant, who enters into a recognizance to appear and prosecute the offenders before any process can issue; that this oath being made, and recognizance taken, the judge of the circuit court will issue a warrant to apprehend the accused and bring them before him, to be further dealt with according to law; and that, when apprehended, it is the province of the attorney of the United States to conduct the prosecution to judgment; that you have no authority to administer an oath or to issue a warrant, nor have you the power to issue any process to arrest and detain the vessel in question, unless by the direction of an executive officer of the United States.

In reply, permit me to request that you will take this subject again into your serious reflection. I do not urge it for the present occasion, because, even though you should upon consideration adopt a different opinion from that which you have communicated to me, it is now too late, since the vessel in question sailed from this port this morning. But, sir, can it be possible that the doctrine can be correct which you lay down in your letter, and which forms your reason for declining to proceed against the persons who were enlisting men in this city, with the open and avowed design of taking them in a privateer under the Venezuela flag to join with McGregor, and commit hostilities against the Spanish possessions? I furnished you with the affidavits of two persons stating the fact, and you will excuse me in saying that I cannot think the laws of the United States render it incumbent upon me to present myself before a judge of the circuit court, and enter into bonds to appear and prosecute the offenders. On the contrary, sir, the thirty-fifth section of the judiciary act imposes upon the attorney of the United States for each district the duty of prosecuting all delinquents for crimes and offences cognizable under the authority of the United States. I conceive, therefore, that as soon as the attorney of the United States receives information of the infraction of the laws, it becomes his duty to take such measures as may be necessary to bring the offenders to justice; he is the person who must take the witnesses before a judge or magistrate; he must become the informer; he must prosecute; that is, he must take, or cause to be taken, the steps which are necessary to arrest the offenders and bring them to punishment. I am the more confirmed in this belief, because the thirty-third section of the judiciary act directs that offenders may be imprisoned by a judge or magistrate, at the expense of the United States, and leaves it discretionary to the witnesses to appear and testify. That act does not require that the informer should enter into bonds to appear and prosecute. The offence of which I have complained is of a most serious nature. The United States should not afford means to one nation at peace with them to annoy and invade another nation also at peace with them. And it becomes the duty of all the officers of the United States, as they value the reputation and the interest of their country, to discharge with alacrity and zeal those duties assigned to them, which can preserve the neutrality of their country, and prevent its becoming the centre of reunion for the enemies of Spain, and to prevent their own citizens joining in measures of hostility and aggression. It is a matter of notoriety that the insurgent Governments of South America all have their agents in tin's country; that swarms of privateers are fitted out, armed, and equipped for war in the United States; and all the injuries and desolation committed by them upon the Spanish commerce emanate from the facilities which they find in the United States to prepare for themselves these outrages. And, sir, Congress having passed laws rendering these acts illegal, I cannot admit that individuals must undertake the task of informing against and prosecuting the offenders. These offences are against the dignity of the country; they affect the community at large. I cannot, therefore, bring myself to believe that it is the province of individuals to bind themselves to prosecute offenders, any more than I can think that it is the duty of an individual who gives information that a murder has been committed to enter into bonds to prosecute the murderer. No, sir; the laws must have confided this odious but necessary task to its public officers; they must see that offenders are brought to punishment; and, sir, I do further consider that this duty has by law been devolved upon you: Regretting, therefore, that this expedition has been permitted to proceed unmolested, notwithstanding the information which I communicated to you, you will excuse me if, on all future occasions of a similar nature, I should renew my application to you to prevent a new aggression.

I beg you to be assured, &c.

THOMAS STOUGHTON.

J. Fisk, Esq., District Attorney General of the United States.

Es copia: LUIS DE ONIS.

The Chevalier de Onis to the Secretary of State.

Philadelphia, November 2, 1817.

Sir:

I have just received a statement, dated the 14th of July, addressed to me by the directors of the Royal Philippine Company at Madrid, informing me of the unfortunate fate of two ships belonging to the said company, the one named "Nuestra Senora del Buen Suceso," alias "La Esperanza," and the other "El Triton," captured,

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the first on the 8th of June last, the day on which she sailed from Cadiz for Calcutta and Manilla, by the pretended insurgent privateers "La Independencia del Sud," commanded by James Chaytor, of 18 guns and one traversing 42-pounder; and the Mangore, under the orders of the same Chaytor, of 14 guns and one traversing 36-pounder; and the ship "Triton," from Calcutta and the coast of Coromandel, which was captured off the Cape de Verd islands, after a gallant defence of two hours and a half, in which she lost twenty killed, and sprung her foremast, by a privateer (of the same description as the two above mentioned) called the Regent, alias Trepacamara, commanded by one Manson, who, when seventeen days out from Baltimore, fell in with the "Triton," and conducted her as a prize to Buenos Ayres, where she arrived on the 2d of April last, according to the advices received by the underwriters at Lloyd's from their agent at Buenos Ayres.

The directors of the Royal Philippine Company, in giving me an account of these distressing events, inform me that they have understood, by the advices which I have given to the principal Secretary of State of the King, my master, that Captain James Chaytor, of the piratical vessel "La Independencia del Sud," kept depending a demand made at the instance of the Spanish consul at Norfolk, relative to the safe-keeping of certain Spanish property deposited in the custom-house of that port by the above-named pirate, and one called the "Altavela;" whence it is incontestably proven that the armament of "La Independencia del Sud" is made in the ports of these States, and that the captain, officers, and the greater part of her crew, are likewise subjects of the same States. From presumptive causes and circumstances, they suppose that the other privateer may be the "Regent," alias "Trepacamara," Captain Manson, which vessel sailed from Baltimore seventeen days previous to his capturing the "Triton."

I have repeatedly found myself under the painful necessity of representing to the President, through the medium of your predecessors, that the fourteenth article of the treaty between His Catholic Majesty and the United States establishes the most positive right of reclamation on the Government and those citizens who have taken or do take part in the numerous armaments of privateers which have taken place in the ports of this republic, under cover of the pretended commissions so profusely circulated by the insurgents of the revolted provinces of the King, my master, to attack openly and in a barefaced manner the subjects and commerce of Spain; and that the same article declares those to be pirates who engage in these horrid cruises, and consequently obliges the contracting parties to punish them as such, as a just atonement for their offences. On the 2d and 15th of January, and on the 29th of March last, I officially addressed your immediate predecessor, and remonstrated against the robberies and outrages committed by various privateers, and, among others, by those called "Independencia del Sud" and "Mangore," the captains of which, James Chaytor and Barnes, are citizens of these States. In the note transmitted to the Secretary on the 4th of March, [14th March,] I found myself under the necessity, in consideration of the excesses committed against the subjects of the King, my master, and of those which, through the impunity and toleration of some of the authorities of this country, were about to be repeated by vessels bought, armed, manned, and equipped in the ports of this republic, in violation of the laws of nations, of the express stipulations of an existing treaty, and of the rights of humanity; and in discharge of my duty, I was laid under the necessity, I say, of representing and remonstrating, in the name of my sovereign, on the subject of the injuries and losses which had already resulted, and might further result, to his subjects; and, at the same time, of protesting against the authors of the same. The capture of the ship "Esperanza" has been one of the fatal consequences of allowing the privateer "Independencia del Sud" to proceed freely to sea from Norfolk, after His Catholic Majesty's consul, Don Antonio Argote Villalobos, had made proof of the illegal conduct and atrocious acts of her captain, James Chaytor; and that of the ship "Triton" proceeds likewise from toleration granted in this country of arming and equipping against the trade of Spain; under which supposition, I cannot refrain from stating to you, in order that you may be pleased to communicate the same to the President, that the aforesaid Royal Company of the Philippines have an incontestable right to claim of this republic full compensation for the value of the said ships and cargoes, by reason of the armament of the privateers which captured them having been made in its ports.

I have the honor to enclose, for the suitable purposes, a note of the articles shipped on board the "Esperanza," at Calcutta and Manilla, for the account of the Royal Philippine Company, and of the return cargo of the "Triton," from Bengal and the coast of Coromandel to Cadiz; which sums united, amount, according to the invoice, to that of seven hundred and one thousand nine hundred and eighty dollars; to which is to be added an interest of fifteen per cent. on the disbursement of the amount of the cargo of the "Triton," for the period of one year and a half, and of six per cent. in Europe on the cargo of the "Esperanza."

I hope you will take into consideration the contents of this note, and be pleased to call the attention of the President to the interesting subject treated of in it, that His Catholic Majesty may adopt such measures as his wisdom may dictate to him, for the purpose of collecting, as far as it may be possible, any parts of the two prizes above named, for the benefit of their owners, and at the same time giving orders to the competent authorities in the ports of this republic to discover such effects as may arrive, making part of the same.

I therefore hope this from your established zeal, and the well-known rectitude of the President, deferring to my return to the seat of Government the verbal communication of a plan which I have meditated, from a desire to settle amicably an affair of such importance.

I avail myself, &c.

LUIS DE ONIS.