recorded on the page of history in letters of blood. With weapons in their hands, the quarrels of members of the same family should not be contested or adjusted: let us, therefore, lay them aside, in order to avoid desperation, and the risk of oppression and hatred. The whole Nation entertains this wish, and will give me the means of overcoming, without the use of force, the obstacles which have stood in the way of our happiness, during the period of domestic calamity. We have adopted a system more general in its principles, and in unison with the one which you have yourselves laid down: let the distinguishing feature of our character be to observe reciprocally a frank and loyal conduct, rejecting the maxims and suggestions of that erring and crooked policy, which the false combinations of fortune may perhaps have once smiled upon with ephemeral favour. The Parent State sets you the example; follow it, Americans, for upon this depends your present and future happiness. Give to the Mother Country a day of joy, at a period so productive of calamitous events; and let the love of order, and the general good, unite our wishes and render uniform our opinions.

The Cortes, whose name alone is to all Spaniards a sweet memorial of portentous events, are about to assemble. Your Brethren of the Peninsula are anxiously waiting, with open arms, the arrival of those who may come deputed by you to confer with them, as their equals, upon the measures required by the misfortunes of their Country, and of your own in particular. The security of their persons has for its guarantee the National honour, and that long wished for Code to which, in the face of the World, I have sworn, and which I will religiously observe. The Fathers of their Country, the wise and chosen favourites of the People, will, united, save the State, and fix for ever the destinies of both Hemispheres; and, as a reward of their wisdom, their Cotemporaries will prepare the immortal Crown to be bestowed upon them by the gratitude of posterity. What happiness, what blessings will this desired union produce! Commerce, Agriculture, Industry, and the Arts and Sciences, will fix their most brilliant seats in this fortunate Country, which is considered, and not without reason, the greatest prodigy of Nature; and, under the auspices of continued peace, the precious fruit of concord, which prudence unceasingly requires, and sound policy recommends, and of a Constitutional Government, common to all, which can now no longer be arbitrary or unjust, you will raise yourselves to the highest pinnacle of prosperity hitherto known to mankind. But, if you will not listen to the prudent counsels which come from the innermost recesses of my heart, and if you do not catch and grasp the faithful and friendly hand held out to you by your affectionate Country, that Country which gave birth to so many of your fathers, who, were they alive, would authoritatively enjoin you to it,-dread all the evils which are produced by the fury of civil War ;-the confusion and uncertainty which attend upon all Governments that are

deprived of their wonted solidity and legitimacy;-the fatal conse quences of allowing yourselves to be seduced by ambitious men, who encourage anarchy, in order to wrest away, and fix in their own hands, the sceptre of command;-the robberies caused by the insolent cupidity of unknown Adventurers ;-the dangers of Foreign influence, which craftily awaits the opportunity to light up the torch of discord, with a view to divide opinion, and foment dissentions, in order to gain the ascendancy, and to rule for the purpose of satiating itself with spoils;-and finally, dread all the horrors and convulsions which are experienced in the violent crises of States, when, amidst the effervescence of the passions, political principles are unfolded without wisdom, and fanaticism prevails. You will then feel the terrible effects of the indignation of a People whose Government has been insulted; a Government already strong and powerful, because it is supported by the People, who move and act according to its principles. Oh! may the fatal hour of such inconsiderate obstinacy never arrive! Never!-that I may not experience the cruel sorrow of ceasing, even for a short time, to call myself your tender Father. FERDINAND.

MESSAGE of the President, on the Opening of the Congress of The United States.-7th December, 1819.

FELLOW CITIZENS OF THE SENATE, AND OF THE HOUSE OF REPRESENTATIVES,

THE public buildings being advanced to a stage to afford accommodation for Congress, I offer you my sincere congratulations on the recommencement of your duties in the Capitol.

In bringing to view the incidents most deserving attention, which have occurred since your last Session, I regret to have to state, that several of our principal Cities have suffered by sickness; that an unusual drought has prevailed in the middle and western States; and that a derangement has been felt in some of our monied Institutions, which has proportionably affected their credit. I am happy, however, to have it in my power to assure you that the health of our Cities is now completely restored; that the produce of the year, though lessabundant than usual, will not only be amply sufficient for home consumption, but afford a large surplus for the supply of the wants of other Nations; and that the derangement in the circulating paper medium, by being left to those remedies which its obvious causes suggested, and the good sense and virtue of our Fellow-citizens supplied, has diminished.

Having informed Congress, on the 27th of February last, that a Treaty of Amity, Settlement, and Limits, had been concluded, in this City, between The United States and Spain,* and ratified by the * See Vol. 1820, 1821. Page 524.

competent Authorities of the former, full confidence was entertained that it would have been ratified by His Catholic Majesty with equal promptitude, and a like earnest desire to terminate, on the conditions of that Treaty, the differences which had so long existed between the 2 Countries. Every view which the subject admitted of, was thought to have justified this conclusion. Great losses had been sustained by Citizens of The United States from Spanish Cruizers, more than 20 years before, which had not been redressed. These losses had been acknowledged and provided for by a Treaty, as far back as the year 1802, which, although concluded at Madrid, was not then ratified by the Government of Spain, nor since, until the last year, when it was suspended by the late Treaty, a more satisfactory provision to both Parties, as was presumed, having been made for them. Other differences had arisen, in this long interval, affecting their highest interests, which were likewise provided for by this last Treaty. The Treaty itself was formed on great consideration, and a thorough knowledge of all circumstances, the subject matter of every Article having been for years under discussion, and repeated references having been made by the Minister of Spain to his Government, on the points respecting which the greatest difference of opinion prevailed. It was formed by a Minister duly authorized for the purpose, who had represented his Government in The United States, and been employed in this long protracted Negotiation several years, and who, it is not denied, kept strictly within the letter of his Instructions. The faith of Spain was therefore pledged, under circumstances of peculiar force and solemnity, for its Ratification. On the part of The United States, this Treaty was evidently acceded to in a spirit of conciliation and concession. The indemnity for injuries and losses, so long before sustained, and now again acknowledged and provided for, was to be paid by them, without becoming a charge on the Treasury of Spain. For Territory ceded by Spain, other Territory of great value, to which our claim was believed to be well founded, was ceded by The United States, and in a quarter more interesting to her. This cession was, nevertheless, received as the means of indemnifying our Citizens, in a considerable sum, the presumed amount of their losses. Other considerations, of great weight, urged the cession of this Territory by Spain. It was surrounded by the Territories of The United States, on every side, except on that of the Ocean. Spain had lost her authority over it, and falling into the hands of Adventurers connected with the Savages, it was made the means of unceasing annoyance and injury to our Union, in many of its most essential interests. By this cession, then, Spain ceded a Territory, in reality of no value to her, and obtained concessions of the highest importance, by the settlement of long standing differences with The United States, affecting their respective claims and limits, and likewise relieved herself from the obligation of a Treaty,

relating to it, which she had failed to fulfil, and also from the responsibility incident to the most flagrant and pernicious abuses of her rights, where she could not support her authority.

It being known that the Treaty was formed under these circumstances, not a doubt was entertained that His Catholic Majesty would have ratified it without delay. I regret to have to state, that this reasonable expectation has been disappointed; that the Treaty was not ratified within the time stipulated, and has not since been ratified. As it is important that the nature and character of this unexpected occurrence should be distinctly understood, I think it my duty to communicate to you all the facts and circumstances in my possession, relating to it.

Anxious to prevent all future disagreement with Spain, by giving the most prompt effect to the Treaty which had been thus concluded, and particularly by the establishment of a Government in Florida, which should preserve order there, the Minister of The United States, who had been recently appointed to His Catholic Majesty, and to whom the Ratification, by his Government, had been committed, to be exchanged for that of Spain, was instructed to transmit the latter to the Department of State, as soon as obtained, by a public Ship, subjected to his order for the purpose. Unexpected delay occurring, in the Ratification, by Spain, he requested to be informed of the cause. It was stated, in reply, that the great importance of the subject, and a desire to obtain explanations on certain points, which were not specified, had produced the delay, and that an Envoy would be dispatched to The United States, to obtain such explanations of this Government. The Minister of The United States offered to give full explanation on any point, on which it might be desired; which proposal was declined. Having communicated this result to the Department of State, in August last, he was instructed, notwithstanding the disappointment and surprise which it produced, to inform the Government of Spain, that, if the Treaty should be ratified and transmitted here, at any time before the meeting of Congress, it would be received, and have the same effect, as if it had been ratified in due time. This order was executed; the authorised communication was made to the Government of Spain, and by its answer, which has just been received, we are officially made acquainted, for the first time, with the causes which have prevented the Ratification of the Treaty, by His Catholic Majesty. It is alleged by the Minister of Spain, that this Government had attempted to alter one of the principal Articles of the Treaty, by a declaration, which the Minister of The United States had been ordered to present, when he should deliver the Ratification by his Government in exchange for that of Spain, and of which he gave notice, explanatory of the sense in which that Article was understood. It is further alleged that this Government had recently tolerated, or protected, an Expedi

tion from The United States, against the Province of Texas. These two imputed acts, are stated as the reasons which have induced His Catholic Majesty to withhold his Ratification from the Treaty, to obtain explanations, respecting which, it is repeated, that an Envoy would be forthwith despatched to The United States. How far these allegations will justify the conduct of the Government of Spain, will appear, on a view of the following facts, and the evidence which supports them.

It will be seen by the Documents transmitted herewith, that the declaration mentioned relates to a Clause in the VIIIth Article,concerning certain grants of Land, recently made by His Catholic Majesty, in Florida, which it was understood, had conveyed all the Lands, which, till then, had been ungranted. It was the intention of the Parties to annul these latter Grants, and that Clause was drawn for that express purpose and for none other. The date of these Grants was unknown, but it was understood to be posterior to that inserted in the Article: indeed, it must be obvious to all, that if that provision in the Treaty had not the effect of annulling these Grants, it would be altogether nugatory. Immediately after the Treaty was concluded and ratified by this Government, an intimation was received that these Grants were of anterior date to that fixed on by the Treaty, and that they would not, of course, be affected by it. The mere possibility of such a case, so inconsistent with the intention of the Parties, and the meaning of the Article, induced this Government to demand an explanation on the subject, which was immediately granted, and which corresponds with this statement. With respect to the other act alleged, that this Government had tolerated, or protected, an. Expedition against Texas, it is utterly without foundation. Every discountenance has invariably been given to every such attempt from within the limits of The United States, as is fully evinced by the acts of the Government, and the proceedings of the Courts. There being cause, however, to apprehend, in the course of the last summer, that some Adventurers entertained views of the kind suggested, the attention of the constituted Authorities in that quarter was immediately drawn to them, and it is known that the project, whatever it might be, has utterly failed.

These facts will, it is presumed, satisfy every impartial mind, that the Government of Spain had no justifiable cause for declining to ratify the Treaty, A Treaty, concluded in conformity with instructions, is obligatory, in good faith, in all its Stipulations, according to the true intent and meaning of the Parties. Each Party is bound to ratify it. If either could set it aside without the consent of the other, there would be no longer any rules applicable to such transactions between Nations. By this proceeding, the Government of Spain has rendered to The United States a new and very serious injury. It has been stated, that a Minister would be sent, to ask certain explanations of this Government. But, if such were desired, why were they