President's Proclamation-Spain. that, for this purpose, they are fitting out and arm- which I have the honor of enclosing to you a ing vessels in the Western waters of the United translated copy. The extreme publicity given to States, collecting provisions, arms, military stores, said Message, as well as to the documents relaand means, are deceiving and seducing honest tive to the above-mentioned article, sent to Conand well-meaning citizens, under various pre-gress, some time after, caused me to hope that tences, to engage in their criminal enterprises, are Government, from the ostensible purity of its inorganizing, officering, and arming themselves for tentions, would have tended to present the affairs the same, contrary to the laws in such cases made in question under their true point of view. I have and provided: I have, therefore, thought proper to been waiting in silence, for more than forty days, issue this my PROCLAMATION, warning and enjoin-in expectation of this act of justice, but I have ing all faithful citizens, who have been led without waited for it in vain; and as no hopes any longer due knowledge or consideration to participate in remain of seeing it verified, I have thought it my the said unlawful enterprises, to withdraw from duty, sir, to transmit you a copy of this document, the same without delay; and commanding all for the information of your Court, with the obpersons whatsoever, engaged or concerned in the ject that, whatever may have been the light under same, to cease all further proceedings therein, as which the President of the United States may they will answer the contrary at their peril, and have thought proper to present the conduct of incur prosecution with all the rigors of the law. Spain, it may be known that the King my masAnd I hereby enjoin and require all officers, civil ter, in his political relations with the United and military, of the United States, or of any of States, has always manifested that good faith, so the States or Territories, and especially all Gov- well known, which is the true character of his ernors, and other Executive authorities, all judges, Government, acting toward them always with justices, and other officers of the peace, all milita- justice, and very often with generosity. ry officers of the army or navy of the United States, or officers of the militia, to be vigilant, each within his respective department, and according to his functions, in searching out, and bringing to condign punishment, all persons engaged or concerned in such enterprise, in seizing and detaining, subject to the disposition of the law, all vessels, arms, military stores, or other means provided or providing for the same, and, in general, in preventing the carrying on such expedition or enterprise, by all lawful means within their power; and I require all good and faithful citizens, and others, within the United States, to be aiding and assisting herein, and especially in the discovery, apprehension, and bringing to justice of all such offenders, in preventing the execution of their unlawful designs, and in giving information against them to the proper authorities. In testimony whereof I have caused the seal of the United States to be affixed to these [L. S.] presents, and have signed the same with my hand. Given at the City of Washington, on the twenty-seventh day of November, one thousand eight hundred and six, and in the year of the sovereignty of the United States the thirty-first. By the President: TH. JEFFERSON. JAMES MADISON, Secretary of State. SPAIN. Accept, sir, the sentiments of high consideration with which I have the honor to be, your most obedient humble servant, MARQUIS OF CASA YRUJO. P. S. I authorize you, sir, to give copies not only of my note, but even of the present letter. PHILADELPHIA, Jan. 21, 1805. TRANSLATION. SIR: The zeal with which I have endeavored to preserve the harmony and good understanding between Spain and the United States, has caused me to read with particular regret the article of the President's Message, sent to Congress the 3d instant, respecting the political relations between the United States and the King my master. As in the exposition to which I allude, there exist, in my opinion, several mistakes of a delicate and important tendency, although I render to the President due justice in regard to the motives which may have caused this apparent want of correctness, yet my character imposes on me the task of entering into an examination of some of his assertions, and of demonstrating that, either from the want of exact information, or owing to defective translations, they appear, in some cases, not altogether correct. In the article of the President's Message, relative to Spain, after mentioning that the negotiations for the settlement of the existing differences had not had a satisfactory issue, he says: "Spo'liations during the former war for which she A translation from the French of the Marquis de Casa had formally acknowledged herself responsible, Yrujo's Circular, addressed to the different foreign have been refused to be compensated, but on conMinisters, accredited near the United States. 6 ditions affecting other claims in no wise connectSIR: The want of correctness, which appearsed with them. Yet the same practices are reto prevail throughout the article, relative to Spain, of the Message which the President of the United States sent to Congress on the 3d instant, compelled me to transmit on the sixth of said month, to the Secretary of State, the note of newed in the present war, and are already of great amount." It is very well known that, in a state of war, there exists and will probably ever exist, a certain degree of force, confided to subaltern hands. Even the United States themselves Relations with Spain. have not been an exception to this general rule, and during the short period of hostilities with France, in the year 1798, notwithstanding no privateers were armed, and that their protecting forces consisted only of a small number of frigates, neutrals experienced from them many injuries, well authenticated by the numerous claims on this Government by the injured Powers, principally on the part of Denmark and Sweden. take good care to conceal; besides, on this head, the citizens of the United States would receive that justice which they have already experienced on the same subject in virtue of the Treaty of 1795. I cannot but observe that, although I had the honor of communicating to you, sir, two months ago, that the strictest injunctions had been given by the King, my master, not to interrupt the navigation of American citizens, when employed in lawful trade, no mention is made by the President of this circumstance, as highly im portant in its effects toward the American commerce, as it is necessary to demonstrate his just and pacific intentions. Without any view to recrimination, I find it necessary to observe that, although the violations of the rights of neutrals are infinitely more frequent and extensive on the part of England, whose vessels of the Royal navy have almost continually blockaded the ports of the United States, and, what is more, when this Power daily establishes new principles on the rights of neutrals, which, in reality, tend to undermine and annihilate them-the name of Great Britain is nowhere to be found in the columns of the President's Message. Probably there might have existed last war some abuses of this nature, although very rare, on the part of the Royal navy of Spain; but the King, my master, animated by that love of justice which characterizes him, authorized his principal Secretary of State to sign a convention with the American Minister near his person, in which were stipulated reciprocal compensations for the damages and injuries their respective subjects and citizens might have sustained from officers or individuals of either, contrary to the rights and laws of nations. This stipulation, similar to that of the same nature in the Treaty of Friendship, Navigation, and Limits, concluded in 1795, and scrupulously complied with by my Sovereign, would now have had the same effect by the ratification of the Convention, had not an article been inserted therein tending to impose on Spain the obligation of a responsibility both detrimental and important in its result, as well as unsupported by reason and justice under the existing circumstances. My Court has, in a direct manner, as well as through me, repeatedly manifested to the American Government its readiness to carry the said stipulation into effect, whenever the article in the same convention relative to the abovementioned responsibility, should either be suppressed or altered in a manner more conformable to justice, and has been so far from refusing to satisfy said compensations on account of other claims in no wise connected with them, that it was precisely because they are connected that the said convention has not been carried into ef-merce, passing through that river, continues to fect, as was and still is the wish of the King my master. It is true that the two subjects by their nature are not connected with each other in themselves, but it is also true, that this connexion is very great, when we consider that an endeavor is made to form out of these two things, distinct in themselves, component parts of the same whole, thereby placing the King, my master, under the disagreeable dilemma of either refusing to ratify a stipulation which he conceives to be just, and therefore wishes to fulfil, or else of taking on himself a responsibility, more or less direct, in favor of the United States, to which it is well proved they have no right to pretend. These circumstances, in themselves, would not authorize any animadversions on my part, were it not for a more essential one, which immediately affects the interests of the King, my master. I allude to the many American sailors, violently forced from the shelter of the flag which ought to protect them, and compelled to fight on board of British ships of war, against the subjects of the King, my master. I cannot but call the attention of the Government of the United States toward such a conduct, that, in their wisdom, they may adopt the necessary measure to correct an abuse, which, at the same time that it violates their neutrality, is extremely prejudicial to Spain. The President adds: On the Mobile, our com be obstructed by arbitrary duties and vexatious 'searches." Although this assertion is not accompanied by any observation whatever which might cause it to be viewed as a national offence, I must observe that, according to my information, the duties on imports and exports are very moderate, only six per cent.,* that every Power has a right to regulate, as they please, these objects within the boundaries of their jurisdiction, *NOTE.-It is necessary to remark that the navigation of the Mobile, which appears to furnish the President a motive of complaint, is enjoyed by the Americans, in consequence of the gracious indulgence on the part of Spain; as no right does yet exist, to In regard to what concerns the new spoliations, navigate the waters of that river within the boundaries I can assure you, sir, few are those that can strictly of Spain, who holds exclusively that right grounded on merit this denomination on the part of Spanish brated civilians, and supported by the very principles sovereign possession, on the opinions of the most celevessels, as many of the captures, which so fre-established by the American Government, through the quently figure in the American papers, arise either from acts of contraband, or from a want of having on board the documents required by the Treaty of 1795, or even from other circumstances which the captains and owners of the said prizes will medium of their Attorney General, Bradford, in the case of the prize Grange, taken on the waters of the Delaware. After this, it is necessary to confess, that the animadversions of the President upon this head are as unjust as they are impolitic. Relations with Spain. and that this exercise of sovereignty is practised tion of the contracting parties, it is not permitby the American Government at Fort Stoddert: ted to turn their words to a contrary meaning. that is, within their lines, without any pretension The intention sufficiently known furnishes the on the part of Spain to interfere in their regula-true matter of the convention, of what is promtions. But, even admitting it may be troublesome,ised and accepted, demanded and granted. To it never surely can be pretended as a national เ offence. He afterward says: "Propositions for adjusting amicably the boundaries of Louisiana have not been acceded to." This assertion is not strictly correct; for it is, and always has been, the wish as well as the intention of Spain, to adjust amicably the limits of Louisiana; but however friendly (amicable) may have been her disposition toward it, she cannot sacrifice thereto either the dignity or rights of her Crown; so that it was not, as the President supposes, owing to the want of a desire of adjusting amicably, that this business was not concluded; but rather from the nature of the proposals, which were in themselves inadmissible. The paragraph continues: "While 'the right is unsettled, we have avoided to change the state of things, by taking new posts, or strengthening ourselves in the disputed Territories, in the hope that the other Power would not, by a contrary conduct, oblige us to meet their example, and endanger conflicts of authority, 'the issue of which may not easily be controlled; 'but, in this hope, we have now reason to lessen 6 เ violate the treaty, is to go contrary to the inten'tion sufficiently manifested, rather than against the terms in which it is conceived; for the terms are nothing without the intentions throughout to dictate them." According to this, the position taken by the President, in the said paragraph of his Message, that the right (no doubt alluding to the Territorial right) was doubtful or unsettled, is inadmissible, and of course all the inductions and consequences he draws from this supposition, fall completely to the ground. Besides, whatever alteration or change might have taken place in the territories of His Catholic Majesty could never have been, as I had the honor to inform you, sir, but the effects of new plans of frontiers, which the retrocession of Louisiana would of course render necessary, or else it might proceed from the circumstance of Spain's being engaged in a war with England, but never with a view to disturb the peace and good understanding between Spain and the United States. The President continues, saying: "Inroads have recently been made into the Territories of Orleans and the Mississippi; our citizens have been parts of the former, which had actually been delivered up by Spain, and this by the regular our confidence." In truth, I cannot comprehendseized and their property plundered in the very what the President can call unsettled right; and still less, if he wishes to apply it to that part of West Florida comprehended within the Missis-officers and soldiers of that Government." sippi, Iberville, the Lakes, and the river Perdido. The right of this Territory cannot be considered as unsettled or doubtful; for, independent of that right arising from actual possession and from the treaty of retrocession of Louisiana to France, there is another conclusive circumstance, well known to the American Government, which ought and must dissipate every doubt, if any could ever exist on this subject. The most distinguished civilians agree, that the true interpreters of a treaty doubtful in any of its clauses or expressions, are the contracting parties themselves, when this can be obtained. Spain and France, who were the contracting parties in the treaty of retrocession, on which is founded that of sale, of the 30th of April, from whence the pretensions of the American Government emanate, have explained it in the manner already known to you, sir: namely, that it was not the intention of Spain to cede to France more than she had received from her, as the title and word "retrocession" made use of therein clearly imply; and that France would never have pretended or hoped to obtain one inch of land east of the Mississippi, and the Lakes. The true intention of the contracting parties being thus expressly manifested, I shall content myself by copying a single paragraph from Vattel, among many other similar ones, which I could produce from other civilians, in support of the rights of the King, my master, on this subject. In paragraph 274 of "The Interpretation of Treaties," Vattel says: "When we manifestly 'see what is the sense that agrees with the inten Although I have not on this subject more than that received through the American newspapers, whose accounts cannot be supposed very impartial, nevertheless supposing them correct in all their extent, from those I have read, it is neither proved, nor do I think it possible to believe, that the officers and soldiers of the King, my master, have crossed the American line, to commit within the jurisdiction of the United States, the pretended insults. The first example of these inroads was given by several American citizens, who, in August, 1804, penetrated through the territory of Baton Rouge, and, aided by the brothers Kempers, and other malcontents of the Spanish side, made an attempt to surprise, and render themselves masters of the fort of Baton Rouge, and actually arrested some magistrates and other persons of note. On this subject I had the honor of speaking and writing to you, sir, in due time, but I am hitherto without the least answer. If the seizing of American citizens ("our citizens have been seized") has any reference to the arrest of the Kempers, I must in the first place declare, that, according to my late information, these Kempers are not American citizens, because when they settled themselves in the Spanish territory, they became subjects of the King, and, of course, had lost their rights as American citizens; and, in the second, that the arrest of these persons, according to a letter from Natchez, of the eighth of October last, published in the United States Gazette, of Philadelphia, was effected by negroes and mulattoes, and American citizens, who, no Relations with Tripoli. the treaty and the Message concerning the same, and are now with them in possession of the Senate. doubt, expecting some recompense, delivered them within the Spanish lines, from whence it appears some Spanish soldiers took charge of them to conduct them to Baton Rouge. It is true that it So much of these papers has been extracted has also been said that a part of a company of and communicated to the House of Representacavalry, commanded by a certain Captain Jones, tives, as relates to the principles of the co-operahad entered another part of the line and had con- tion between the United States and Hamet Carducted themselves in a violent and improper amalli, which is the subject of a joint Message to manner toward two families; but, should this ac- both Houses of Congress, bearing equal date with count be true, I can assure you, sir, that the Gov- the present; and, as those now communicated to ernment of the United States shall receive due the Senate comprehend the whole of that matter, satisfaction from Spain, the reputation of whose I request that they may be considered as comprisGovernment is too well established to believe it ing the documents stated in that Message as accan in any manner be privy to, or approve of acts companying it. Being mostly originals or sole as far beneath its character as they are useless in copies, a return of them is requested at the contheir effects. Incidents of this nature may hap-venience of the Senate. pen on the frontiers of every country, and they only deserve attention when they receive the sanction of the Government of the aggressors, or when, in such cases, due satisfaction is refused. We have no letter from Mr. Lear respecting Tripoline affairs of later date than that of July 5, which was transmitted to the Senate with the treaty, nor, consequently, any later information of what steps have been taken to carry into effect the stipulation for the delivery of the wife and children of the brother of the reigning Bashaw of Tripoli. TH. JEFFERSON. JANUARY 13, 1806. To the Senate and House of Representatives of the United States: I lay before Congress the application of Hamet Caramalli, elder brother of the reigning Bashaw of Tripoli, soliciting from the United States attention to his services and sufferings in the late war against that State; and, in order to possess them of the ground on which that application stands, the facts shall be stated according to the views and information of the Executive. that Hamet Caramalli, elder brother of the reignDuring the war with Tripoli, it was suggested ing Bashaw, and driven by him from his throne, that a concert in action with us was desirable to meditated the recovery of his inheritance, and him. We considered that concerted operations by those who have a common enemy were entirely justifiable, and might produce effects favorable to both, without binding either to guaranty the objects of the other. But the distance of the scene, the difficulties of communication, and the uncertainty of our information inducing the less confidence in the measure, it was committed to our agents as one which might be resorted to, if it promised to promote our success. To the Senate of the United States: According to the request of the Senate, of December 30, I now lay before them the correspond- Mr. Eaton, however, our late Consul, on his ence of the naval commanders Barron and Rodg- return from the Mediterranean, possessing perers, and of Mr. Eaton, late Consul at Tunis, sonal knowledge of the scene, and having confirespecting the progress of the war with Tripoli, dence in the effect of a joint operation, we authorantecedent to the treaty with the Bey and Re-ized Commodore Barron, then proceeding with gency of Tripoli, and respecting the negotiations his squadron, to enter into an understanding with for the same; and the commission and instruc- Hamet, if he should deem it useful; and, as it was tions of Mr. Eaton, with such other correspond-represented that he would need some aid of arms ence, in possession of the offices, as, I suppose, may be useful to the Senate in their deliberations upon the said treaty. The instructions which were given to Mr. Lear, the Consul General at Algiers, respecting the negotiations for the said treaty, accompanied and ammunition, and even of money, he was authorized to furnish them to a moderate extent, according to the prospect of utility to be expected from it. In order to avail him of the advantages of Mr. Eaton's knowledge of circumstances, an occasional employment was provided for the lat Relations with Tripoli. ter as an agent for the navy in that sea. Our ex- even secure a sanction, where the error is not too pectation was that an intercourse should be kept injurious. Should it be thought by any that the up between the ex-Bashaw and the Commodore; verbal instructions said to have been given by that, while the former moved on by land, our squad- Commodore Barron to Mr. Eaton, amount to a ron should proceed with equal pace, so as to arrive stipulation that the United States should place at their destination together, and to attack the com- Hamet Caramalli on the throne of Tripoli, a stipmon enemy by land and sea at the same time. ulation so entirely unauthorized, so far beyond The instructions of June 6, to Commodore Barron, our views, and so enormous, could not be sancshow that a co-operation only was intended, and tioned by our Government; or should Hamet by no means an union of our object with the for- Caramalli, contrary to the evidence of his letters tune of the ex-Bashaw; and the Commodore's of January 3, and June 29, be thought to have letters, of March 22 and May 19, prove that he left the position, which he now seems to regret, had the most correct idea of our intentions. His under a mistaken expectation that we were, at all verbal instructions, indeed, to Mr. Eaton, and events, to place him on his throne, on an appeal Captain Hull, if the expressions are accurately to the liberality of the nation, something equivacommitted to writing by those gentlemen, do not lent to the replacing him in his former situation limit the extent of his co-operation as rigorously might be worthy its consideration. A nation, by as he probably intended, but it is certain, from establishing a character of liberality and magthe ex-Bashaw's letter of January 3, written when nanimity, gains, in the friendship and respect of he was proceeding to join Mr. Eaton, and in which others, more than the worth of mere money. This he says, "your operations should be carried on by appeal is now made by Hamet Caramalli to the sea, mine by land," that he left the position in United States. The ground he has taken being which he was with a proper idea of the nature of different, not only from our views, but from those the co-operation. If Mr. Eaton's subsequent con- expressed by himself on former occasions, Mr. vention should appear to bring forward other Eaton was desired to state whether any verbal objects, his letter of April 29 and May 1 views communication passed from him to Hamet, which this convention but as provisional, the second had varied what we saw in writing. His anarticle, as he expressly states, guarding against swer of December 5, is herewith transmitted, and any ill effect, and his letter of June 30 confirms has rendered it still more necessary that, in prethis construction. In the event it was found, senting to the Legislature the application of that, after placing the ex-Bashaw in possession Hamet, I should present them at the same time of Derne, one of the most important cities and an exact statement of the views and proceedings provinces of the country, where he had resided of the Executive through this whole business, that himself as Governor, he was totally unable to com- they may clearly understand the ground on which mand any resources, or to bear any part in co- we are placed. It is accompanied by all the paoperation with us. This hope was then at an pers which bear any relation to the principles of end, and we certainly had never contemplated, the co-operation, and which can inform their nor were prepared to land an army of our own, judgment in deciding on the application of Hamet or to raise, pay, or subsist an army of Arabs, to Caramalli. TH. JEFFERSON. march from Derne to Tripoli, and to carry on a land war at such a distance from our resources. Our means and our authority were merely naval; and, that such were the expectations of Hamet, his letter of June 29 is an unequivocal acknowledgment. Whilst, therefore, an impression from the capture of Derne might operate still at Tripoli, and an attack on that place from our squadron was daily expected, Colonel Lear thought it the best moment to listen to overtures of peace, then made by the Bashaw; he did so; and, while urging provisions for the United States, he paid attention also to the interests of Hamet, but was able to affect nothing more than to engage the restitution of his family; and even the persevering in this demand suspended for some time the conclusion of the treaty. In operations at such a distance, it becomes necessary to leave much to the discretion of the agents employed; but events may still turn up beyond the limits of that discretion. Unable in such a case to consult his Government, a zealous citizen will act as he believes that would direct him, were it apprized of the circumstances, and will take on himself the responsibility. In all these cases, the purity and patriotism of the motives should shield the agent from blame, and FEBRUARY 4, 1806. To the Senate of the United States : I now transmit the letters desired by the resolution of the Senate of January 20, so far as they exist in the offices, to wit. Extract of a letter from the Department of State, to Mr. Eaton of May 20, 1801. The letter from Mr. Cathcart to Mr. Eaton, dated Leghorn, June 15, 1801, is not in the offices, but the substance of it is supposed to be recited in those of Mr. Cathcart to the Secretary of State, of August 15, 1802, and July 2, 1801, extracts of both of which are transmitted. The letter of Mr. Eaton, of September 5, 1801, supposed to be that intended by the Senate, as it answers their description: there is no letter of his of September 15. Extract of a letter from William Eaton to the Extract of a letter from Mr. Cathcart to the Extract of a letter from Mr. Morris, to the Secretary of the Navy, March 30, 1803. |