pamphlet, being a translation of the article on Mexico published in the American Quarterly Review. I am, with great respect, sir, your obedient servant, To the Hon. HENRY CLAY, Secretary of State, Washington. J. R. POINSETT. No. 128. Mr. Poinsett to Mr. Clay. [Extract.] MEXICO, June 4, 1828. I send you, herewith, copies, marked A and B, of my further correspondence with this Government on the subject of neutral flags covering the property of belligerants. A. Mr. Cañedo to Mr. Poinsett. [Translation.] PALACE OF THE FEDERAL GOVERNMENT, Mexico, May 13, 1828. MOST EXCELLENT SIR: The most excellent President has thought proper to extend, through the Minister of the Army and Navy, a general order, that when commissions for privateers properly authorized are granted, security shall be exacted from those who have kept them out, and such other formalities as are provided for by the laws respecting privateering, passed in 1797, which are still in force. In order that, in the ports where they are fitted out, there may be persons responsible for excesses, which may call for repayment or punishment, and be subject likewise to all precepts of the law, for which purpose, and in order that they may not plead ignorance, they will be compelled to carry with them on their cruises one copy at least of this law; which, if they have not already in their possession, they will have printed correctly. His excellency has likewise resolved, that whenever vessels of war, or national privateers, meet with effects belonging to enemies on board. neutral vessels, they shall be taken with their invoices and other papers, the freight being paid either in money or in the aforesaid merchandise, according to their value, discreetly ascertained by common consent, in order that the neutral vessel may proceed to its place of destination, without interrupting its voyage or causing the least extortion. His excellency has likewise determined that the effects aforesaid shall be deposited in a manner to insure that they shall not be damaged or lost, and without being condemned until it shall be ascertained whether our enemies (Spain) acknowledge and observe the immunity of the neutral flag. This determination shall not apply to such neutral vessels as may have on board officers, troops, arms, articles of war, and naval stores, for enemies' ports, or which shall be ascertained to belong to enemies. These provisions, which the Government judges to be of the highest importance, will be strictly observed, so as to avoid all reclamations which otherwise privateers might produce if they were not complied with. I have the honor to communicate this for the information of your excellency, and, at the same time, to reiterate the distinguished consideration of which I have the honor to be your excellency's obedient servant, JUAN DE DIOS CAÑEDO. To H. E. Don J. R. POINSETT, Minister Plenipotentiary of the United States of America. B. Mr. Poinsett to Mr. Cañedo. LEGATION OF THE UNITED STATES OF AMERICA, Mexico, June 3, 1828. MOST EXCELLENT SIR: I have the honor to acknowledge the receipt of your excellency's note of the 13th of May, in which your excellency is pleased to inform me of the wise and necessary precautions adopted by this Government, in order to prevent the excesses which might be committed by the private armed vessels of this republic. Your excellency further informs me that the most excellent President of these States has resolved, that whenever effects belonging to the enemies of Mexico shall be found on board neutral vessels, the freight shall be paid, and the goods transferred on board the Mexican captor, to be brought to one of the ports of the republic, there to be kept in deposite until it be ascertained whether Spain acknowledges and observes the principle of neutral flags covering enemies' property. I had the honor to remark to your excellency, on a former occasion, that this order of the Government of Mexico, being predicated upon the laws and ordinances of Spain, which govern the subject of cruisers, does not apply to the vessels of the United States of America; inasmuch as the same rule makes the treaties in existence between the United States of America and Spain binding upon the Mexican Government, in preference to all other laws whatsoever; the provisions of existing treaties being paramount to all other laws of the country. Spain by treaty is not bound to respect the property of Mexican citizens found on board of American vessels; because, in the treaty of Washington, there is an express provision by which the principle of free ships making free goods is made to apply to such nations as recognise this principle, and to none other. I have the honor to transmit, herewith, copies of the treaties above alluded to, for the information of the most excellent President. I avail myself of this opportunity to renew to your excellency the assurances of my most profound respect. J. R. POINSETT. To H. E. Don JUAN DE DIOS CANEDO, Secretary of State and of Interior and Exterior Relations of the Republic of Mexico. Mr. Poinsett to Mr. Cañedo. LEGATION OF THE UNITED STATES OF AMERICA, Mexico, June 3, 1828. MOST EXCELLENT SIR: I am instructed by my Government to request the surrender of four persons, who are accused of having committed a most atrocious murder in the State of Tennessee, and who have fled from justice, and taken refuge in the State of Texas and Coahuila. These persons, whose names are Benjamin F. Hardin, Benjamin W. Hardin, William Hardin, and Augustine B. Hardin, fled from justice after a true bill of indictment had been found against them by a grand jury on the 21st of December, 1825. By the enclosed correspondence between the person who traced and followed them to Nacogdoches and the military commandant of that port, your excellency will perceive that an application was made to that officer in March, 1827, to surrender the accused, and very properly referred by him to the General Government of Mexico. My Government is aware that it has no right to demand the surrender of these men; but it is an act of comity between civilized nations to surrender murderers and counterfeiters on the request of a friendly Power. Situated as the respective countries are relatively to each other, crimes of the blackest dye may be committed in our territories with impunity, if the criminal has only to pass the border in order to escape punishment. In one of the articles of the treaty of amity, navigation, and commerce, provision is made for the reciprocal delivery of fugitives who have committed the crime of murder. And although this treaty has not yet been. ratified, still, as the article alluded to makes no exception as to murders committed prior to its conclusion, none, perhaps, ought to be made to its immediate practical operation. I indulge, therefore, a confident hope that this Government, moved by a sense of justice, and actuated by the disposition which it has hitherto manifested to preserve good neighborhood, will direct that these persons shall be surrendered to the officers of the United States. I avail myself with great satisfaction of this opportunity to repeat to your excellency the assurances of my profound respect. To H. E. Don JUAN DE DIOS CAÑEDO, J. R. POINSETT. Secretary of State and of Interior and Exterior Relations Mr. Cañedo to Mr. Poinsett. [Translation.] PALACE OF THE FEDERAL GOVERNMENT, MOST EXCELLENT SIR: The most excellent President having been informed of your excellency's request to have surrendered Benjamin F. Hardin, Benjamin W. Hardin, William Hardin, and Augustine B. Hardin, citizens of the United States of America, accused of having committed an atrocious murder in the State of Tennessee, and who have taken refuge in the State of Texas and Coahuila, in this republic, has determined that your excellency's communication, together with the enclosed documents, shall be transmitted by me to the Governor of the said State, in order that he may cause the accused to be arrested and surrendered in the manner your excellency solicits. This will be done by this mail, and I have the honor to communicate it to your excellency, for your information, and to reiterate the sentiments of distinguished consideration with which I have the honor to be your excellency's very obedient servant, To his Excellency JOEL R. POINSETT, Minister Plenipotentiary of the U. S. of America. CAÑEDO. Mr. Poinsett to Mr. Cañedo. LEGATION OF THE UNITED STATES OF AMERICA, The undersigned has the honor to transmit to his excellency Don Juan de Dios Cañedo a petition from the foreign merchants residing in the port of Matamoras, addressed to the most excellent President of this republic, and setting forth the inconveniences they already experience from the operation of the new tariff., The undersigned avails himself of this opportunity to renew to his excellency Don Juan de Dios Cañedo the assurances of his profound consideration and respect. To H. E. Don JUAN DE DIOS CAÑEDO, J. R. POINSETT. Secretary of State and of Interior and Exterior Relations of the Republic of Mexico. Mr. Cañedo to Mr. Poinsett. [Translation.] PALACE OF THE FEDERAL GOVERNMENT, Mexico, June 27, 1828. MOST EXCELLENT SIR: As soon as his excellency the President was informed of the order given by the Government of the State of San Luis Potosi, fixing the departure of the caravan of precious metals from that capital every four months, in place of every forty days, as has been heretofore the practice, with the various remonstrances of foreign merchants, he was pleased to direct such communications to be made to that Government as would prevent said order from being carried into effect. In consequence, the above-named Government has advised his excellency that on the 21st instant they repealed the order in question, and have ordained that merchants may send from the State coined money, their property, at any time. By the direction of his excellency, I have the honor to inform you of this determination, in reply to the note you were pleased to address me on the 14th instant, and at the same time to repeat that I am your excellency's very obedient servant, To his Excellency J. R. POINSETT, JUAN DE D. CAÑEDO. Minister Plenipotentiary of the U. S. of America. No. 130. Mr. Poinsett to Mr. Clay. MEXICO, July 12, 1828. SIR: I have the honor to transmit, herewith, translations of a note from the Secretary of State of this Government, and of a private letter from the Governor of the State of Coahuila and Texas, on the subject of the arrest of the persons who are accused of having committed murder in the State of Tennessee, and who we supposed to have taken refuge in that of Coahuila and Texas. I am, respectfully, sir, your obedient servant, To the Hon. HENRY CLAY, Secretary of State, Washington. J. R. POINSETT. Mr. Cañedo to Mr. Poinsett. [Translation.] PALACE OF THE FEDERAL GOVERNMENT, Mexico, July 11, 1828. MOST EXCELLENT SIR: In consequence of the communication made to the Government of Coahuila and Texas, for the apprehension and delivery of the assassins requested by your excellency, concerning which I had the honor to speak in my note of the 7th June last, the said Government replies, under date of the 30th instant, that strict orders had been given to the commander of the Department of Bejar to that effect, and that information would be given of the result. His excellency the President directs me to communicate this for |