you state that what I propose is inadmissible; but I have received orders from my sovereign to insist on this point, and to claim of your Government such measures as are imperiously called for by the very nature of these abuses and violations, as they not only contravene the existing treaty, but are in direct opposition to the most respectable compacts founded on international and public law.

Whatever may be the forecast, wisdom, and justice conspicuous in the laws of the United States, it is universally notorious that a system of pillage and aggression has been organized in several ports of the Union against the vessels and property of the Spanish nation; and it is equally so that all the legal suits hitherto instituted by His Catholic Majesty's consuls, in the courts of their respective districts, for its prevention or the recovery of the property, when brought into this country, have been, and still are, completely unavailing. The artifices and

evasions by means of which the letter of the law has on these occasions been constantly eluded are sufficiently known, and even the combination of interests in persons who are well known, among whom are some holding public offices. With a view to afford you and the President more complete demonstration of the abuses, aggressions, and piracies alluded to, I inclose you correct lists, extracted from authentic documents deposited in the archives of this legation, exhibiting the number of privateers, or pirates, fitted out in the United States against Spain, and of the prizes brought by them into the ports of the Union, as well as of those sent to other ports, together with the result of the claims made by the Spanish consuls in the courts of this country. Among them you will find the case of two armed ships, the Horatio and Curiazo, built at New York, and detained by His Majesty's consul there, on the ground of their having on board thirty pieces of cannon concealed, with their carriages, and a crew of one hundred and sixty men. On which occasion it was pretended that it could not be proved that these guns were not an article of commerce, and they finally put to sea without them, the extraordinary number of officers and crew passing for passengers. The number of privateers, or pirates, fitted out and protected in the ports of this republic, as well as of the Spanish prizes made by them, far exceeds that contained in the within lists, but I only lay before your Government those of which I have certain and satisfactory proofs. The right of Spain to an adequate indemnity for all the spoliations committed by these privateers, or pirates, on the Crown and subjects of His Catholic Majesty, is undeniable; but I now submit it to your Government only to point out the extreme necessity of putting an end to these continued acts of hostility and depredation, and of cutting short these enormous and flagrant abuses and evils, by the adoption of such effectual precautions and remedies as will put it out of the power of cupidity or ingenuity to defeat or elude them. In vain should we endeavor amicably to settle and accommodate all existing differences, and thus establish peace and good understanding between the two nations, if the practice of these abuses, and the course of these hostilities and piracies on the commerce and navigation of Spain should, as heretofore, continue uninterrupted in the United States. From the tenor of the documents now inclosed, and of the reflections suggested by the very nature and state of things, the President cannot hesitate to assent to my proposal on this subject; and, as the Congress is now in session, I feel assured that the proper opportunity is afforded for the adoption of the necessary measures I have alluded to, and which I solicit as an essential basis of securing and maintaining a mutual friendship and good understanding between the two nations.

List of vessels armed or equipped in the ports of the United States, or within their jurisdiction, agreeably to documents deposited in the archives of His Catholic Majesty's minister, under my charge, to wit:

[Inclosure 2 in No. 34.]

(Signed)

WASHINGTON, November 16, 1818.

LUIS DE ONIS.

Summary statement of money and property taken out of Spanish vessels known to have been brought into the United States in American vessels, and the privateers by which they were plundered; exhibiting the result or present state of the claims to obtain restitution thereof,

to wit:

[Translation.]

At New Orleans-restoration of seventy slaves of the cargo of the bark Volador, clandestinely conveyed there by the piratical captors; claimed and. obtained by Don Vincente Ordozoiti, of Pensacola.

At the same place-certain property found on board a vessel abandoned by the American troops to the Barataria pirates; claimed by Don Diego Morphy, vice-consul; ordered to be delivered to him.

At the same place-restoration of certain Spanish property brought there in the PetitMilan privateer; claimed and obtained by the same consul.

At the same place-restoration of certain property brought there by the Presidente privateer; claimed and obtained by the same consul, for account of the lawful

owners.

At the same place-restoration of thirteen casks of clothing brought there by the American brig Alonzo from Galveston, and two hundred and eighty-five pieces of Madras handkerchiefs; claimed by His Majesty's consul, Don Felips Fatio; both still pending.

Claim by the same consul of thirty boxes of sugar, brought to New Orleans from Galveston; result yet unknown.

Claim by the same, of sundry merchandise brought to New Orleans on board the Mount Vernon; not decided on.

At Charleston-claim of property saved from the Spanish prize-brig Jupiter, lost after capture by pirates at the entrance of that river; order for its restoration yet unknown.

In the year 1812, the Anglo-American privateer Revenge, Captain Butler, after having committed numerous acts of piracy, boarded, under English colors, the Spanish ship Iris, bound from Havana, or Carthagena, in South America, to Spain, with a cargo of $55,000 in specie, of provincial money, silver in bars, and other valuable articles. There exists almost positive proof that the captain of the Revenge, not satisfied with robbing the Spaniards of their money, endeavored to choke the pumps and sink the ship, with all the crew. The captain and some of the crew were arrested and confined in jail at Charleston; but, notwithstanding the satisfactory evidence produced by His Majesty's consul on the trial, he was liberated, and only a thousand and some odd dollars, found on board the privateer, recovered. Don Felipe Aldaytarriaga, agent for the Iris, had recourse afterward to the courts at Philadelphia, which confirmed the sentence of the court at Charleston, for the liberation of Captain Butler and his crew, freed the owners of the Revenge from all responsibility to the owners of the Iris, and even ordered the money found on board the Revenge to be restored to the crew. official representation of this transaction was made to the President, but without effect.

An

Don Antonio Argoto Villalobos, consul at Charleston, and vested with full powers, claimed and obtained an attachment on 120 boxes of sugar, 55 barrels of coffee, and 4 packages of white wax, brought there by the Amelia Island pirates, through Saint Mary's, in Georgia, which claim is still pending.

Toward the close of the last year, the same consul, through the medium of an agent dispatched to St. Mary's, had an attachment laid on certain Spanish property brought there from Amelia Island, amounting to $100,000, among which was a quantity of snuff and cigars, public property, shipped on board the Spanish ship Union Carmelita, Captain Fs. Roura, captured by the insurgents; this case still pending.

At Norfolk-claim by Don Pablo Chacou, consul there, of money and property brought there by the privateer Potosi, alias the Spartan, of Baltimore, Captain John Chase, supposed to belong to the Spanish ship Ciencia, captured by the privateer on her passage from Havana to Cadiz; failed for want of evidence.

At the same place-claim by Don Antonio Argote Vallalobos, when consul there, of a large sum of money, and 87 ceroons of cochineal, mostly belonging to the Spanish vessels the Santander and the Sma. Trinidad, alias the Manso, captured by the privateers Independencia del Sud, and the Atrevida, alias the Romp, Captains Chaytor and Grinnolds, on their passage from Vera Cruz to Havana; still pending.

At the same place-claim by Don Pablo Chacou, of the restitution of 193 ceroons of bark, 28 cases of extract of Brazil, and 13 bags of cotton, on board the Venezuela privateer the America Libre, alias the Neptuno, Captain Bernard, arrived from Margarita; restitution not obtained, as well from want of proof to identify the property as the refusal of the authorities at Norfolk to attach it, agreeably to the demand of the consul.

Don Pablo Chacou claimed and obtained an attachment on 47 boxes of white Havana

sugar, arrived at Norfolk on board the American schooner Atlantic, Captain Butler, from Port-au-Prince, the said sugar having been taken from on board the Spanish brig San Antonio, by the pirate called the Invincible; this suit still pending.

At Baltimore--claim by Don Pablo Chacou, when consul there, of the restitution of two cases of thread, two boxes of oil, and two cases of silks, declared to have been taken on the high seas, and two boxes of lace, brought in by the piratical schooner Mangore, Captain Barnes; failed for want of proof.

The American schooner Remittance, Captain Rogers, arrived at Baltimore from Portau-Prince, with the following property taken by the pirate Potosi, Captain John Chase,

from on board the Spanish ship Ciencia, captured on her voyage from Havana to [134] Cadiz, namely: three cases of wrought *plate, one of jewelry, thirty-three

bundles of cochineal, three of jalap, and various other valuable articles; claim by Mr. Chacou of the restitution of this property to the lawful owners still pending. At the same port of Baltimore, arrived the brig Hibernia, with several bags of cotton and some coffee on board, taken by the pirate Patrioto, Captain Thomas Taylor, from a Spanish boat going to Saint Jago de Cuba. Powers sent by the owners to a merchant at Baltimore, who lodged a claim without delay, but as yet obtained no decision in the case.

Into the same port of Baltimore the following property was brought on board the American schooner the Evening Post, Captain Williams, from Galveston, having been transshipped on board that vessel from the Spanish polacre Santa Maria, Captain José Fort y Blanch, captured by the pirate Patriota, Captain Stafford, to wit: 138 boxes of lump-sugar, 83 ditto white, 5 half-boxes of ditto, 9 packages of cotton, and 120 pieces of Campeachy wood. This property was immediately secreted by the consignee, Mr. John Laborde, and escaped the search of the consul, Don Joaquim Zamoramo, who took the necessary steps to have an attachment laid on it.

At the same port there arrived another schooner, the Amatea, Captain Forbes, from Galveston, with 54 boxes of white sugar, 73 ditto lump, and 359 hides, taken from on board the polacre Santa Maria, by the pirate Stafford, and consigned to the said John Laborde, who, in consequence of the dilatory proceeding of the marshal of the district, found time to secrete them and evade the attacement granted at the request of Mr. Consul Zamoramo.

The pirate Patriota, Captain Taylor, arrived in the Chesapeake, and privately landed about $22,000 in gold, together with five slaves, taken from on board the Spanish schooner San Miguel, Captain Juan Velasquez, bound from Maracaibo to Saint Jago de Cuba; and notwithstanding every exertion used by Don J. Zamoramo to discover the place of deposit of the money and slaves, his search proved fruitless. The same pirate, the Patriota, commanded by Captain Stafford, attempted on another occasion of his arriving in the Chesapeake, privately to land 500 boxes of sugar, taken from on board the polacre Santa Maria; but was able to land only 45, which were seized and condemned by the custom-house at Baltimore. The efforts of the consul to stop the privateer Patriota were rendered abortive by the misconduct of the marshal of the district.

No. 35.

Proclamation of the President of the United States, promulgating the treaty of amity, settlement, and limits, between the United States and Spain, of the 22d February, 1819.— Washington, 22d February, 1821.

BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

Whereas a treaty of amity, settlement, and limits, between the United States of America and His Catholic Majesty, was concluded and signed between their plenipotentiaries, in this city, on the 22d day ofFebruary, in the year of our Lord 1819, which treaty, word for word, is as follows:

Treaty of 1819.

Treaty of amity, settlement, and limits, between the United States of America and His Catholic Majesty.

The United States of America

Tratado de amistad, arreglo de diferencias y limites, entre Su Magestad Católica y los Estados Unidos de America.

Deseando Su Magestad Católica