in the pursuit of their rightful Commerce, if it should involve no other consequences to them. You will avail yourselves of every proper opportunity to represent to the Parties how desirable it is to put an end to the War, and with what satisfaction The United States would see the blessings of Peace restored. And it will occur to you, whilst remonstrating against any belligerent practices which are not strictly warranted, to draw from the fact of the Brazilian Blockade fresh support to the great maritime principles to which you have been instructed to endeavour to obtain the sanction of the American Nations. I have the honour to be, &c. Richard C. Anderson and John Sergeant, Esgrs.

(2) Mr. Clay to Messrs. Sergeant and Poinsett.

GENTLEMEN,

H. CLAY.

Department of State, Washington, 16th March, 1827.

By the appointment of Mr. Poinsett, made by and with the advice and consent of the Senate as one of the Ministers of The United States to the Congress of the American Nations, expected to assemble at Tacubaya, you have become associated in that Mission. Mr. Poinsett, it is therefore anticipated, will be disposed cordially to co-operate in the performance of those duties which have been enjoined by the Instructions heretofore addressed to Mr. Anderson and Mr. Sergeant, or to either of them, so far as they remain to be executed. And the President relies with great confidence on the zeal and ability of both of you to promote, in this important service, the interests of our Country.

The Instructions addressed to Messrs. Anderson and Sergeant have been sufficiently explicit as to the nature of the Assembly. According to our views, it is to be considered as entirely Diplomatic. No one of the represented Nations is to be finally bound by any Treaty, Convention, or Compact, to which it does not freely consent according to all the forms of its own particular Government. With that indispensable qualification, the mode of conducting the Conferences and deliberations of the Ministers is left to your sound discretion, keeping in view the observations which have been made in your General Instructions. I am induced again to advert to this topic, in consequence of a Letter from the Colombian Minister, under date the 20th of November last, (a Copy of which is herewith transmitted) from the tenour of which it might probably be inferred, as his opinion, that a majority of voices in the Assembly, on any given proposition, is to be decisive. We have not yet obtained Copies of the Treaties concluded at Panama, which are mentioned in that Note. To these we have a right, and we shall continue to expect them.

We have no later information than that contained in Mr. Sergeant's Despatch under date of the 19th of January last, and its accompaniments, as to the probable time of the convention of the Ministers of

the several Powers. The course which he adopted, of announcing himself to such of them as had arrived in Mexico, is approved. From the answers he received to his Note, it appears that 8 months, from the 15th of July last, were specified as the period within which the Treaties concluded at Panama were to be ratified, and when it was expected the Congress would again meet. That term expired on the 15th instant. It is probable, therefore, that about this time the Ministers of the various Powers will assemble at Tacubaya. But if they should not meet before the 1st of June next, Mr. Sergeant may, after that day, return to The United States without further detention. In the event of his return, Mr. Poinsett will consider the duties of the joint Mission as devolving on him alone; and should the Congress assemble subsequent to that period, and Mr. Sergeant should avail himself of the permission now given him to leave Mexico, Mr. Poinsett will attend the Congress in behalf of The United States.

The intelligence which has reached us from many points, as to the ambitious projects and views of Bolivar, has abated very much the strong hopes which were once entertained of the favourable results of the Congress of the American Nations. If that intelligence be well founded (as there is much reason to apprehend), it is probable that he does not look upon the Congress in the same interesting light that he formerly did. Still the objects which are contemplated by your Instructions are so highly important, that the President thinks their accomplishment ought not to be abandoned, whilst any hope remains. Their value does not entirely depend upon the forms of the Governments which may concur in their establishment, but exists at all times, and under every form of Government.

You will, in all your conversations and intercourse with the other Ministers, endeavour to strengthen them in the faith of Free Institutions, and to guard them against any ambitious schemes and plans, from whatever quarter they may proceed, tending to subvert liberal Systems.

Mr. Rochester having been appointed Chargé d'Affaires to Guatemala, Mr. John Speed Smith, of Kentucky, formerly a Member of the House of Representatives, is appointed Secretary to your Mission. In the event of his acceptance (of which advice has not yet reached the Department) he is expected to proceed from Kentucky, by the way of New Orleans, to join you.

You are at liberty to detain the Bearer of this Letter a reasonable time, to convey any Despatches you may wish to forward to this Government. If you should not wish him to remain at Mexico for that purpose, after stopping about 2 weeks to recover from the fatigues of the journey and voyage, he will return to The United States with such Despatches as you may confide to him. I am, &c. John Sergeant and J. R. Poinsett, Esqrs.

H. CLAY.

TREATY of Commerce between Bavaria and Wirtemberg. Signed at Munich, 18th January, 1828.

(Translation.)

Treaty, concerning the Imposts to be levied at the Custom Houses, between Bavaria and Wirtemberg.

His Majesty the King of Bavaria, and His Majesty the King of Wirtemberg, induced by the same sentiments and views which caused them to ratify the previous Treaty, concluded on the 12th April, 1827, at Munich, for reciprocally facilitating the Commerce and Trade between both States, for the object which is stated in the 2d Article of the said Treaty,-the improvement and completion provided by the established agreement concerning the Imposts,-have allowed further negotiations to be opened, and for this purpose have named as their Plenipotentiaries: viz.

His Majesty The King of Bavaria, the Minister of State of the Royal House, and of Foreign Affairs, and Justice, The Councillor of the Kingdom, Frederick Baron von Zentner, Capitular of the Royal House Order of Holy Hubert, Grand Cross of the Civil Order of Merit of the Bavarian Crown, Member of the Cross of Honour of the Royal Bavarian Order of Louis, Grand Cross of the Royal Austrian Order of Leopold, of the Royal Prussian Order of the Red Eagle, and of the Grand Ducal Hessian House Order.

His Majesty the King of Wirtemberg, the Ambassador Extraordinary and Minister Plenipotentiary to the Royal Bavarian Court, Philip Moritz, Baron von Schmitz-Grollenburg, Councillor of State and Commander of the Royal Order of the Wirtemberg Crown; and the Supreme Councillor of Finance, Mr. Christoph Ludwig von Herzog, Knight of the Royal Order of the Wirtemberg Crown;

Which Plenipotentiaries on both sides, subject to the Ratification of their High Courts, have agreed upon the following Articles.

ART. I. The Kingdoms of Bavaria and Wirtemberg unite together. in conformity with the Treaty concluded at Munich on the 12th of April, 1827, to establish a common system of Imposts, and a line of Custom Houses, which shall embrace the lands of both their States bordering on each other.

II. In conformity with the Treaty concluded with the Crown of Wirtemberg, and also with the Act of Accession executed by them, the Principalities of Hohenzollern-Hechingen and Hohenzollern-Sigmaringen accede to this Union.

III. The Bavarian Circle of the Rhine is, till further notice, excepted from the common agreement concerning the Impost Regulation; the admission of it however is reserved until either a similar System of Imposts shall be adopted there with respect to the Union, or this Circle be placed in immediate relation with the Territory of the Union. Until then the productions and manufactures of the Circle shall be admitted

into the Territories of the United Powers, with the same impost indulgences which they have hitherto enjoyed in the old Circles of the Kingdom of Bavaria, or which may still further be accorded to it by the two Governments.

IV. The possessions of the United Powers which lie without the common line of Custom Houses shall be (without prejudice however to the regulations contained in Article III. for the Circle of the Rhine) in regard to these Custom Houses, treated as foreign land.

V. In pursuance of the stipulations of Article I. the actually existing places for the collection of the Customs along the common territorial limits, shall be abolished by an especial Treaty for that purpose, and Custom Houses for import, export and transit, shall be erected in the places for receiving the duties on the borders and in the interior, for the joint account of the United Powers: nevertheless, it remains permitted to each of the two Governments to place watchhouses and protective guards on the common Line of Boundary within their Dominion, such as they may find necessary, to prevent the contraband trade in salt and malt, or any other fraud as regards their indirect imposts.

VI. The Governments of the United Powers renounce all Regulations and Treaties made by either Party, which refer to the Custom House relations, with other States not belonging to the Union; and should one or the other of the Parties be placed in the situation of being unable, with propriety, to refuse particular favours to a third State, they shall be bound to give to the Union an equivalent for the pecuniary decrease or increase thereby created.

Moreover the Two High Contracting Parties will unite their endeavours, to the end that other neighbouring States may join this CustomHouse union.

VII. The common Custom House Duties shall be levied according to the Custom House Ordinance and Tariff, which the two High Contracting Parties agree to regulate upon the basis of the Bavarian Custom House Ordinance and Tariff, and which shall be published in the usual manner, in each of the Territories of the United Powers, for observance.

VIII. The Balance of the common Duties which remains, after the deduction of the expenses of levying, iuspection, and administration, as well as of all other outlays which fall to the share of the Union, shall be divided between The United Powers, according to the proportion of their respective population. The extent of the population of the United Powers shall be ascertained every 3 Years, by means of an appropriate Census; and the actual state of it shall always be calculated from the 1st of October of the third Year.

IX. The inferior Places for the collection and inspection of Custom

House duties, shall be ordered, settled and arranged by the United Powers, according to uniform organic regulations.

X. For the accommodation of the chief Custom House Authority, a particular and substantial superior Custom House shall exist in the Territory of each of the United Powers.

The formation of this superior Custom House, and the regulation of its business, shall be left to the Government of the State which it immediately concerns: the circle of operation, however, of the same, in so far as it is not already pointed out in the Fundamental Treaty, and the common Custom House Regulations, shall be more partienlarly defined by means of a particular regulation.

XI. The Superior Custom House Authority of each of the United Powers shall be controuled by a Plenipotentiary General of the other United Power. The following powers shall belong to the said Plenipotentiary General, or his Representative:

(a) Every order and instruction which the said Superior Custom House Authority, or his Delegate, despatches to the Inferior Custom House Authorities, shall be subject to his visa, as well in the rough Draft as in the fair Copy; and the absence of such visa shall render the instruction non-effective.

(b) Although he must never refuse this visa, he can, nevertheless, at the time of giving it, add a protest thereto, should he apprehend that, by the execution of the order, detriment might ensue to the Union. This Protest must be placed before hand on the rough Draft, stating the reasons for it; and he must, if required, also give a Certificate of the same.

(c) In consequence of the said Protest, should the aforesaid Government of the State, to which the Superior Custom House Authority belongs, not be able to apply a seasonable remedy, the Plenipotentiary General may have recourse to the General Congress (the formation and sphere of action of which are more particularly established by Articles XXXVI. XXXVII. and XXXVIII). Should the General Congress find that, in consequence of the absence of the instruction in question, a loss has in reality been occasioned to the Union, the Government to which the Administration belongs which was the cause of it, shall make compensation for such loss.

(d) In cases of urgency, he can order the Authorities for levying the Custom House Duties of his Government, and the Superintend ing Authorities or Preventive Guards established by them, to execute those measures which the Superior Administration to which he belongs may think essential, and on a requisition they must give the said orders; without prejudice, however, to the Regulations contained in the IId and IIId Articles.

(e) He can send officers belonging to his Government, to the