MESSAGE from the President of The United States to Congress, relative to Applications from certain Independent Governments of South America, to have Ministers accredited to them from The United States.—29th January, 1819.

Washington, 29th January, 1819.

I TRANSMIT to the House of Representatives, in compliance with their Resolution of the 14th of this month, a Report from the Secretary of State, concerning the Applications which have been made, by any of the Independent Governments of South America, to have a Minister or Consul-General accredited by the Government of The United States, with the Answers of this Government to the Applications addressed to it.

JAMES MONROE.

The Hon. the Speaker of the House of Representatives.

Report of the Secretary of State.

Department of State, Washington, 28th January, 1819.

THE Secretary of State, to whom has been referred the Resolution of the House of Representatives, of the 14th instant, requesting of the President information, whether any Application has been made by any of the Independent Governments of South America, to have a Minister or Consul-General accredited by the Government of The United States, and what was the Answer given to such Application,—has the honor of submitting Copies of Applications made by Don Lino de Clemente, to be received as the Representative of the Republic of Venezuela; and of David C. De Forest, a Citizen of The United States, to be accredited as Consul-General of The United Provinces of South America; with the Answers respectively returned to them. The Reply of Mr. De Forest is likewise enclosed, and Copies of the Papers, signed and avowed by Mr. Clemente, which the President considered as rendering any communication between this Department and him, other than that now enclosed, improper.

It is to be observed, that, while Mr. Clemente, in March, 1817, was assuming, with the name of Deputy from Venezuela, to exercise within The United States, powers transcending the lawful authority of any Ambassador, and while, in January, 1818, he was commissioning, in language disrespectful to this Government, Vicente Pazos, in the name of the Republic of Venezuela, to "protest against the invasion of Amelia Island, and all such further acts of the Government of The United States, as were contrary to the rights and interests of the several Republics, and the Persons sailing under their respective Flags, duly commissioned,” he had himself, not only never been received by the Government of The United States, as Deputy from Venezuela, but had never presented himself to it in that character, or offered to exhibit

any evidence whatsoever of his being invested with it. The issuing of Commissions, authorizing acts of war against a Foreign Nation, is a power which not even a Sovereign can lawfully exercise within the Dominions of another in amity with him, without his consent. Mr. Pazos, in his Memorial to the President, communicating the Commission signed by Mr. Clemente, at Philadelphia, and given to General M'Gregor, alleges, in its justification, the example of the illustrious Franklin, in Europe; but this example, instead of furnishing an exception, affords a direct confirmation of the principle now advanced. The Commissions issued by the Diplomatic Agents of The United States, in France, during our Revolutionary War, were granted with the knowledge and consent of the French Government, of which the following Resolution from the Secret Journal of Congress, of 23rd December, 1776, is decisive proof:

"Resolved, That the Commissioners (at the Court of France,) be authorized to arm and fit for War any number of Vessels, not exceeding 6, at the expense of The United States, to War upon British Property; and that Commissions and Warrants be for this purpose sent to the Commissioners; provided the Commissioners be well satisfied this measure will not be disagreeable to the Court of France."

It is also now ascertained by the express declaration of the Supreme Chief, Bolivar, to the Agent of The United States at Angostura, that "the Government of Venezuela had never authorized the Expedition of General M‘Gregor, nor any other enterprize against Florida or Amelia." Instructions have been forwarded to the same Agent to give suitable explanations to the Government of Venezuela, of the motives for declining further communication with Mr. Clemente, and assurances that it will readily be held with any Person not liable to the same or like objection.

The application of Mr. De Forest, to be accredited as ConsulGeneral of the United Provinces of South America, was first made in May last his Credential was a Letter from the Supreme Director of Buenos Ayres, Pueyrredon, announcing his appointment, by virtue of Articles, concluded in the name of the United States of America, and of the United Provinces of Rio de la Plata, between Persons authorized by him, and W. G. D. Worthington, as Agent of this Government, who neither had, nor indeed pretended to have, any power to negotiate such Articles. Mr. De Forest was informed, and requested to make known to the Supreme Director, that Mr. Worthington had no authority whatsoever to negotiate, on the part of The United States, any Articles to be obligatory on them, and had never pretended to possess any Full Power to that effect. That any communication interesting to the Supreme Director, or to the People of Buenos Ayres, would readily be held with Mr. De Forest, but that the recognition of

him, as a Consul-General from the United Provinces of South America, could not be granted, either upon the Stipulation of supposed Articles, which were a nullity, or upon the Commission or Credential Letter of the Supreme Director, without recognizing thereby the Authority from which it emanated, as a Sovereign and Independent Power.

With this determination, Mr. De Forest then declared himself entirely satisfied. But, shortly after the commencement of the present Session of Congress, he renewed his solicitations, by the Note dated the 9th of December, to be accredited as the Consul-General of the United Provinces of South America, founding his claim on the Credentials from his Government, which had been laid before the President last May.

A conversation was shortly afterwards held with him, by direction of the President, in which the reasons were fully explained to him, upon which the formal acknowledgment of the Government of Buenos Ayres, for the present, was not deemed expedient. They were also, at his request, generally stated in the Note, dated the 31st of December.

It has not been thought necessary, on the part of this Government, to pursue the Correspondence with Mr. De Forest any further; particularly as he declares himself unauthorized to agitate or discuss the question, with regard to the recognition of Buenos Ayres as an Independent Nation. Some observations, however, may be proper, with reference to circumstances alleged by him, as arguing that a Consul-General may be accredited, without acknowledging the Independence of the Government from which he has his Appointment. The Consul of The United States, who has resided at Buenos Ayres, had no other Credential than his Commission. It implied no recogni tion by The United States of any particular Government; and it was issued before the Buenos Ayrean Declaration of Independence, and while all the Acts of the Authorities there, were in the name of the King of Spain.

During the period while this Government declined to receive Mr. Onis as the Minister of Spain, no Consul received an Exequatur under a Commission from the same Authority. The Consuls who had been received, before the contest for the Government of Spain had arisen, were suffered to continue the exercise of their functions, for which no new recognition was necessary. A similar remark may be made, with regard to the inequality, alleged by Mr. De Forest to result, from the admission of Spanish Consuls, officially, to protect before our Judicial Tribunals, the rights of Spanish Subjects generally, while he is not admitted to the same privileges with regard to those of the Citizens of Buenos Ayres. The equality of rights to which the 2 Parties to a Civil War are entitled, in their relations with Neutral Powers, does not extend to the rights enjoyed by one of them, by virtue of Treaty

UNITED STATES AND BUENOS AYRES.

Stipulations contracted before the War; neither can it extend to rights, the enjoyment of which essentially depends upon the issue of the War. That Spain is a Sovereign and Independent Power, is not contested by Buenos Ayres, and is recognized by The United States, who are bound by Treaty to receive her Consuls. Mr. De Forest's Credential Letter, asks that he may be received by virtue of a Stipulation, in supposed Articles concluded by Mr. Worthington, but which he was not authorized to make; so that the reception of Mr. De Forest, upon the Credential on which he founds his claim, would imply a recognition, not only of the Government of the Supreme Director, Pueyrredon, but a Compact, as binding upon The United States, which is a mere nullity.

Consuls are, indeed, received by the Government of The United States from acknowledged Sovereign Powers, with whom they have no Treaty. But the Exequatur for a Consul-General, can obviously not be granted, without recognizing the Authority from whom his Appointment proceeds, as Sovereign. "The Consul," says Vattel, (Book 2. chap. 2, § 34,)" is not a Public Minister; but, as he is charged with a Commission from his Sovereign, and received in that quality by him, where he resides, he should enjoy, to a certain extent, the protection of the Law of Nations."

If, from this state of things, the Inhabitants of Buenos Ayres cannot enjoy the advantage of being officially represented before the Courts of The United States, by a Consul, while the Subjects of Spain are entitled to that privilege, it is an inequality resulting from the nature of the contest in which they are engaged, and not from any The recognition of denial of their rights, as Parties to a Civil War. them as such, and the consequent admission of their Vessels into the Ports of The United States, operate with an inequality against the other Party to that contest, and in their favor.

It was stated in conversation, to Mr. De Forest, and afterwards in the Note of 31st December, that it would be desirable to The United States to understand, whether Buenos Ayres, itself, claims an entire, or only an imperfect, Independence. That the necessity of an explanation upon this point, arose from the fact, that in the Negotiation of the supposed Articles with Mr. Worthington, the Supreme Director had declined contracting the engagement, though with the offer of reciprocity, that The United States should enjoy at Buenos Ayres the advantages and privileges of the most favored Nation. That the reason given by him for refusing such an engagement was that, Spain having claims of Sovereignty over Buenos Ayres, the right must be reserved, of granting special favors to her for renouncing them, which other Nations, having no such claims to renounce, could not justly expect to obtain: Without discussing the correctness of this principle, it was observed that The United States, in acknowledging Buenos Ayres as independent, would expect, either to be treated on the footing of the most

favored Nation, or to know the extent and character of the benefits which were to be allowed to others, and denied to them; and that, while an indefinite power should be reserved, of granting to any Nation advantages to be withheld from The United States, an acknowledgment of independence must be considered premature.

Mr. De Forest answers, that this reservation must appear to every one contrary to the inclination, as well as interest, of the Government of Buenos Ayres; that it must have been only a proposition of a temporary nature, not extending to the acknowledgment by The United States of the independence of South America; which he is confident would have rendered any such reservation altogether unne. cessary, in the opinion of the Government of Buenos Ayres, who must have seen they were treating with an unauthorized Person, and have suggested the idea, from an opinion of its good policy; and, he adds, that Portugal is acknowledged by The United States as an Independent Power, although their commerce is taxed higher in the Ports of Brazil than that of Great Britain.

It had not been intended to suggest to Mr. De Forest, that it was in any manner incompatible with the independence or sovereignty of a Nation, to grant commercial advantages to one Foreign State, and to withhold them from another. If any such advantage is granted for an equivalent, other Nations can have no right to claim its enjoyment, even though entitled to be treated as the most favored Nations, unless by the reciprocal grant of the same equivalent. Neither had it been meant to say, that a Nation forfeited its character of acknowledged Sovereignty, even by granting, without an equivalent, commercial advantages to one Foreign Power, and withholding them from another. However absurd and unjust the policy of a Nation, granting to one, and refusing to another, such gratuitous concessions, might be deemed, the question whether they affected its independence, or not, would rest upon the nature of the concessions themselves. The idea meant to be conveyed was, that the reservation of an indefinite right to grant hereafter special favors to Spain for the renunciation of her claims of Sovereignty, left it uncertain whether the independence of Buenos Ayres would be complete or imperfect, and it was suggested with a view to give the opportunity to the Supreme Director of explaining his intentions in this respect, and to intimate to him that, while such an indefinite right was reserved, an acknowledgment of independence must be considered as premature. This caution was thought the more necessary, inasmuch as it was known that, at the same time that the Supreme Director was insisting upon this reservation, a mediation between Spain and her Colonies had been solicited by Spain, and agreed to by the 5 principal Powers of Europe, the basis of which was understood to be a compromise between the Spanish claim to Sovereignty, and the Colonial claim to Independence.