^W^,^ _J'^ '^'^ ^'^;^.- c^. /- ^^ c^^' .^^ ^^. '^^.^'b^ '-, '^c •H', ^-<. - - ■<'^- <^'' .. \-/ %■ '? %' ^Nv^ .-^ .^N ,0 o v^- <' ^r-- ^'«fe i^ ^ ^^■- >* :& v^-^ '% : ^^.^^^ \^:^s- , 'U ^-.^^^^' A^ •^^ .# ^v ', -. .^^ .^^i J, Q '^v/' C' ,- /V^ •. -^ V-. .-^^ ^^• :#^\ ,.^ •% i^.' ■,^''% ■j.-^ ..■ o ' ^ X'. /^. ^- .,./^"^.. .0^ \^''^ \> . i 1 • ^ s^'^/^-^O ^0. ' .x\' ,,kV -;^ , >■ " -if ..-^' UPOX THE NEGOTIATIONS BETWEEN SPAIN AJTD THE UJSriTED STATES OF AMERICA. WHICH LED TO THE TREATY OF 1819. rPOTf THE NEGOTIATIONS BETWEEN SPAIN AND THE UNITED STATES OF AMERICA, WHICH LED TO THE TREATY OF 1819. WITH A STATISTICAL NOTICE OF THAT COUNTRY. ACCOMPANIED WITH AN APPEWDIX, CONTAINING IMPORTANT DOCUMENTS FOR THE BETTER ILLUSTRATION OF THE SUBJECT. BF D. LUIS BE OJSTIS, Late Minister Plenipotentiary near that Republick, and present Embassadw from H. M. at the Qourt of Naples. MADRID, 1820. From the Press of D. M. De Burgos. Translated from the Spanish, with JS*otes, BY TOBIAS WATKINS. BALTIMORE: PUBLISHED BY FIELDING LUCAS, June. 1821. DISTRICT OF COLUMBIA, To ^^it: Be it remembered. That on this twenty first day of July, in the year of our Lord one thousand eight hundred and twenty one, and of the independence of the United States of America the forty sixth. lohias Watklns, of the said District, has deposited in this office the title of a book, the right whereof he claims as proprietor in the v\ ords following, to wit. " Me- " moir upon the Negotiations between Spain and the United States of America, which led to " the Treaty of 1819. With a Statistical notice of that country. Accompanitd with an Ap- " pendix, containing important Documents for the better illustration of the subject. By D. "Luis DeOois, late Minister Plenipotentiary near that llepublick, and present Embassador " from H. M, at the Court of Naples. Madrid, 1820 From 3,725 dollars, including 16,848,625 dollars, the value of foreign produce reexported from the country; and the imports from different parts of the world, amounted to 93,020,515, including 46,642,725 of foreign articles, which were in part exported after- wards, leaving the nett result of imports for the consumption of tlie country, according to calcula- tion, at 88,900,000. The commerce varied but lit- tle in the last years of the 18th century; and taking as the scale from that period, the years 1802, 3 and 4, the result, according to the statements of the Treasury Department, (official) is an average of 143 millions of dollars: in exports 68 millions, to wit, 24 to England, 4 to Russia and Germany, 9 to Holland, 12 to France, 7 to Spain, 2 to Portugal, 3 to Italy, 1 to China and Bengal, and the remain- ing 6 to other parts of tlie world; in imports 75 millions, to wit, 36 from England, 7 from Russia and Germany, 6 from Holland, 8 from France, 5 from Spain, 1 from Portugal, 2 from Italy, 6 from China and Bengal, and 4 from other parts of the globe. not treated as a foreigner." The charge is still more strange, as coming from Don Luis, since he seems to take particular delight in calling the citizens of the United States, Anglo- Americans — a term which can have no other ground of pro- priety for its application, than the prevalence of English sen- timents in the country. T. 65 The articles of exportation, with their value, are the following: the productions of the country, such as salt beef and pork, wheat, flour, and other articles of the animal and vegetable kingdoms, 17 millions; cottons 7 millions; tobacco 6 millions; lumber, soda, and other productions of the forests, 4 millions; produce of the fisheries 3 millions; ma- nufactures of the country 2 millions, amounting in all to 89 millions. The 29 millions remaining are of foreign articles, such as woollens, linens, sugar, coffee, tea, wines and other liquors which are brought into the country, and exported again for foreign markets. The importations from England, consist prin- cipally in woollen and cotton goods, in hardware and delft: those from Russia, Germany and Hol- land, in cordage, coarse linens, glass and toys; from France, in wines, sweet oil and fruits; from China^ in tea and nankins; from Bengal, in white cottons and muslins; and from Spanish America, the French and English Colonies, in coffee, sugar, co- coa, molasses and rum. In the years 1806 and 1807, this commerce reached its maximum — for in the first of these two years, it amounted to 191 millions of dollars, and in the second to 211 mil- lions — 103 in exports, for the most part of foreign goods and produce, and 108 in imports. It fell in the succeeding years in consequence of the prohibi- tory decrees of Napoleon, and the English orders 9 6G 111 council, as well as on account of the embargo, and the war of the United States with England. Under favourable circumstances, the value of the Anglo-American commerce, cannot be calculat- ed, one year with another, at more than 200 mil- lions; but at present it cannot amount to half thai sum, for the general peace in Europe, has not only put a stop to the extraordinary consumption which the armies and fleets of the belligerent powers required, but has also opened the seas to all nations. Eve- ry one brings from America, and other parts of the world, what is wanted for their markets, according to the extent and state of their marine, 'l^he island of Cuba, opened to foreign commerce, injures the Anglo-Americans, as much as it benefits Spain. The colonial produce, which was before carried by the Americans, is now exported from the island in the vessels of various nations; and if all the possessions in Spanish America, enjoyed a like free commerce with that island, and would not supply themselves as hitherto from the contraband commerce of the English and Anglo-Americans, the revenue of the customs in the Spanish possessions, would produce enormous sums to the treasury; and the commerce of the United States would suffer a still more fatal blow, for they have nothing to export to these pos- sessions, their commerce with them being altogeth- er carried on in foreign goods and produce. The balance of trade is generally against the. United States, as it respects the islands of Cuba 67 and Porto Rico, which are the only islands that enjoy a free commerce; and the same thing vvonld occur in all the other Spanish possessions, if the same n eans were adopted, to grant them a free trade. They gain by their trade with France, Spain, Portugal, and Italy, but lose with England, China and Bengal. The balance in favour of Eng- land is not less, one year with another, than 12 millions of dollars; and calculating the amount of the balance in their favour with other nations, to co- ver this loss and that which they suffer with China and Bengal, their general loss cannot be less than 7 millions. It may be said, as a certainty, that the English are the only people who gain by their commerce with the Anglo-Americans: the payments which the latter make to the former are in coin; and by this means England opens a certain chan- nel by which she receives all the gold and silver, which the Anglo-Americans derive from Spanish America. And she entertains neither jealousy nor inquietude about the commerce which they carry on with those possessions, since they export to them nothing but English goods, or such produce as the English have not; and because the most precious returns, gold and silver, and the raw materials of the greatest importance, go to supply her markets, and the manufactures from her workshops go to continue this trade, so favourable to the interests of her nation and her government. 68 The Americans derive^ notwithstanding, great advantage from this trade, for they do not fail in ge- neral to gain upon the commodities which they ex- port from England, and they have besides the secure benelit of their freight — an advantage which not only seems to cover, but considerably to overba- lance, the result in favour of England, if we com- pare the imports and exports of her commerce with the United States. But to judge correctly, on which side the real advantage lies in this commerce, it is necessary to keep in mind, that the Anglo- Americans, for want of sufficient funds for the wide extent of these speculations, avail themselves of the credit of the rich capitalists of England, and are consequently obliged to pay the stipulated in- terest upon the value of the articles, for which they are credited. The English derive great benefit from this circulation of their capital, for there is no nation that possesses it in such considerable and disposable quantity: they neither pay for in ad- vance, nor sell upon credit, any thing but articles manufactured in their own country; and besides the advantage which they have in the copious ex- portation of these articles, in which their manufac- tories abound, they enjoy that of the interest just spoken of, and that of receiving payment from the Anglo-Americans only in effective money, or raw materials not produced in their own country, Avhich they manufacture and sell again to the same Anglo- 69 Americans at a very considerable profit: so that the merchants or speculators of the United States, are compelled to repurchase from England, at 20 millions of dollars at least, the very same thing which they sold for five, if we take into this cal- culation the necessary expense of freight, England has continued thus constantly to draw from the United States the money that comes into them, and to reduce the commerce of that country to a mere deceitful chimera, from which none but their capi- talists and manufacturers really draw any solid profit; and it is clear, too, that while it drains these States of money, it impedes, paralizes or destroys their industry, by the flattering illusion which this round of continual speculation and of constant anxiety keeps up. The Anglo-Americans are be- witched by a sort of fanaticism, wliich does not permit them to see the absolute dependence in whicli England holds them. They know very well, that their industry cannot enter into competition with that of England, because their country is scarcely peopled even on the sea coasts, and borders of the great rivers, and because wages are excessively dear in it: and they know, that they want both po- pulation and machinery to facilitate labour, and eco- nomize hands and expense — essential circum- stances, in which England has a decided advan- tage, not only over the United States, but over eve- ry other people, even the most civilized and indus- 70 trious. But notwithstanding their knowledge of all chis^ they have hitherto made no efforts to change the course of their commerce, and under- take a system adapted to their true interests. The country is exhausted of money, and it is believed that the amount of it at present in circulation, in all the States of the Union, does not exceed 20 mUlions of dollars. This scarcity of effective funds, and the failures which are continually suc- ceeding each other throughout the country, have debased credit and publick confidence. The Banks had facilitated the speculations of the merchants, by giving them, in paper money, the sums they wanted, in exchange for their notes at a discount of six per cent, per annum; but so excessive has been the multitude of Banks in that country, and so dis- proportioned to their specief the quantity of paper money which they had and still have in circulation, that the publick have no longer any coniidence in them, and only suffer them from the consideration of not losing the whole. The Banks w ould be de- clared in a state of bankruptcy, were all or the greater part of the individuals who hold their pa- per to demand payment in specie. The Bank of the United States, which was created two years ago as a national establishment, under the direction of the government, is that which is most in discre- dit; and, at the last session of Congress, memori- als were presented from various States of the Union, 71 pelitioniDg for its abolition on account of the scan- dalous frauds and robbery of the publick, commit- ted by its directors and officers. The reasons al- leged against this Bank were but too weighty^ and 1 he proofs but too evident; but as the Executive power had a decided interest in supporting it, for the sake of using its funds in their necessities^ no- thing was decreed against it^ except to place it un- der the immediate inspection of the Treasury De- Jiartmeht, and by this means at the absolute dispo- MSi\ of the Executive power.* Thus, then, with- out sufficient funds to pursue their mercantile spe- culations, and without credit either in or out of the * The Act to incorporate the subscribers to the Bank of the United States, was passed in April, 1816. It was esta- blished with a capital of 55 millions of dollars, one fifth part cf which only was subscribed by the United States: its affairs are governed by twenty five directors,^r^ of whom only, who must he stockholders, are appointed by the President of the United States, by and with the advice and consent of the Se- nate. The officer at the head of the treasu ry department, has a right to demand a weekly statement of the concerns of the Bank, but has no authority whatever to regulate its proceed- ings, nor to dispose of its funds. Don Onis was sufficiently acquainted with the nature of our government, and the limit- ed powers of our Executive, to know that he was statin«; what was not true, with regard to the funds of the Bank of the United States. He knew that neither the Secretary of the Treasury, nor the President, could have the absolute disposal of any funds, unless by the authority of the people of (he United States. T. ^■i 7*Z country, the Anglo-American niercliants know not what to do, and commerce is as it were paralized at every point of the Union. The English have endeavoured to draw off their balances in specie, and other nations will give no credit to men who thus abuse publick faith. It has been heretofore every where said, that a Jew could cheat the most circumspect and sagacious; but experience has long since established it as a positive maxim, that an Anglo-American will completely overreach the most astute and cunning Jew. These people not only manage to impose upon, and to sacriiice stran- gers, but they are continually destroying each other, by horrible frauds and impositions in their transac- tions and dealings. It is astonishing, in a country so advantage- ously situated for commerce, where they have no imposts or taxes to pay, where every species of in- dustry is entirely free, and where far from having suffered calamities by the war, or other disastrous events, as in Europe, they acquired such large for- tunes, and enjoyed so much prosperity during the unfortunate contest among the European nations, that the people should be found plunged in wretch- edness, and the commercial houses almost all either bankrupt or tottering. Such is the present state of the Anglo-Ameri- cans; and it is easy to perceive and trace the causes which have led to this rapid an%l ominous decay. a 1 consider as the first^ or as the most destructive, of these causes^ the great abuse which they made of the many advantages and chances, which cir- cumstances afforded them, from the period of the French revolution to the general peace in Europe. Their avarice and ambition were evinced from that time with a portentous excess; they absorbed every thing; they gave an extent to their commerce whicli they were not capable of filling up: the foundations that supported it, were fragile and precarious; the moment of need arrived, and their commerce was ruined. The period of success, prosperity and splendour, which they enjoyed, fascinated their imagination, and excited their vanity; and an ex- cessive luxury extended itself over the whole Union, and over all classes of the people. This luxury embraced both sexes, from the artizan and simple day labourer, to the richest mere hant, and most influential gentleman: it reigned in the large cities, in the towns, in the villages, and in the coun try to the same extreme, and confounded all classes, for all dressed in clothes alike cosily and fashiona- ble. In the furniture and decorations of the houses, the same magnificence and ostentation prevailed. It is true, that in their meals, the Anglo-Americans are neither very delicate nor very profuse, when they liave no guests: jjotatoes and cold salt meaty with a little butter <, is the daily sustenance of the wealthiest persons; but a rivalship in luxury pre- 10 74 (lomiuates at their entertainments, tea parties, or balls, in their coaches^ horses, equipages, servants^ and in every thing that tends to support a brilliant and splendid exterior. There are other articles of luxury, which they have converted, throughout the country, into articles of the first necessity; such, for example, are the wines of Madeira, Oporto, Sher- ry, the Canaries and France, French brandy, cof- fee, tea, sugar, and butter; (though the last is the product of the country;) for there is scarcely an individual in the United States who does not every day take coffee with milk, bread and butter, and the same thing at night, Avitli the same accompani- ments. It is calculated, that the Anglo-Americans an- nually consume 30 millions of pounds of butter,* and according to the statements of the revenue de- partment, each individual consumes ten pounds of sugar, two and a half of coff'ee, one of tea, and fif- teen of molasses. It is calculated also, that the Americans consume, annually, 100 millions of bot- tles of wine and brandy, and 500 millions of bottles of beer, cyder, and other liquors; and that the tlmount annually spent in clothing exceeds 100 millions of dollars. f *He has elsewhere said 300 millions, which is much near- er the truth. This is, no doubt, an errour of the press. T. t The Don very often forgets, that his determination to abuse the people of the United States at all hazards, and at lo From what has been said, an accurate idea may be formed of the excess of luxury in the Unit- ed States; and if to the statements of which I liave spoken^ are added others of which mention is made in this memoir, it will be easy to calculate the annual consumption of these States. Habituated the same time to furnish statistical views of their wealth and power, must necessarily lead him into absurd contradictions. It will hardly be credited, even in Spain, that a people, ac- customed to regard all the luxuries he has enumerated, as articles of the first necessity, and to make such an enormous consumption of other articles of living previously pointed out, could content themselves, even when they had no guests at their dinners, with potatoes and cold salt meat. The Signor Don Luis de Onis, Gonzales, Lopez, and Vara^ Lord of a thousand cities, and Chevalier of a thousand orders, was in the habit, while in this country, of courting the company of tea table tattlers, and even of questioning the kitchen ser- vants of those whose hospitality he shared, with a view to collect these scandalous anecdotes. There are those in every country, who disgrace the dignity of their nature, by affect- ing a style of living beyond their rank or means — who, for the sake of making an ostentatious display before company, and of exhibiting a splendid hospitality to strangers, who despise them, will deprive their families of evei;y comfort, and descend to every species of meanness in their domestick economy. But the great mass of the people of these States^ according to the author's own showing, have the means of decent and comfortable living in greater abundance, and do actually live in more comfort, than any other people in the world. T. 76 as these, people are to such luxury, and to such an enormous consumption, they cannot at once abolish the one nor the other; and hence the embarrass- ments in which the country iinds itself. I have before pointed out some of the other causes which have contributed, and still contribute to this decline, and ruinous obstruction, under which the Anglo- Amcrican commerce labours. The other causes are o])vious, resultlns; from the very elements of the federal constitution, and from the contradiction and contrariety of interests and of ideas, among the different States of which the Union is composed. The mercantile speculators, who have dispo- sable funds, dare not undertake any thing, with the gloomy prospect whicli commercial transactions now present. I say, those who have disposable funds, for there are many who have them not disposable, who have not been able to realize them, in conse- quence of the severe losses they have lately sus- tained in all their expeditions; and there are others, who alt!ions;h tliev have saved a considerable es- tate fi om the bankruptcies they have made, conceal it by affecting to be left without means. The num- ber of the latter is very considerable, in all the ports and cities of the Union. Of a hundred bank- ruptciese there will be scarcely one that is not frau- dulent; there are few countries in which specula- tion and traffick are carried on with so 'much strata- gem, and fraud, and scandal. Good faith is a mat- 77 ler of very little consideration with the Anglo- Ame- rican commercial speculator: he knows no other law than his own interest; he feels no other impulse than that of avarice, and respects nothing but mo- ney. Such is the ditinguishing characteristick of the Anglo-American merchants, and such in gene- ral is the character of ihe greater part of traders, of whatever nation they may be.* Whilst those who possess capital, will not em- ploy the smallest part of it in the promotion of the agriculture, manufactories, and industry of the coun- try, and whilst along with their speculations there still prevails a destructive luxury, that swallows up more than all the branches of agricultue and na- tional industry produce, commerce must always be illusory or precarious. It will become still more so^ if foreign nations would facilitate and effectually protect the progress of agriculture, manufactories, and industry, in all their provinces and dominions, as well external as internal, by removing the tram- mels that now oppress and obstruct it, and by adopt- ing such wise and prudent ordinances and tariffs for its regulation, as would obtain for it, if not the preponderance over that of other nations, at least an * This is a sort of saving clause to the Don. If he plac- es the merchants of all nations upon a par, the ^Anglo- Ame- ricans have no more cause than the others, to be offended at the charmins; character he gives them. T. equality with the most speculating and active. Spain has nothing to envy any other nation in the world: her topographical situation^ the fertility of her soil, the excellence of her productions, the ahundance of all raw materials, and of every thing necessary to life, or useful for pleasure, aiford her the natural means of becoming the first nation in Europe. All acknowledge this truth; and nothing is wanting but to adopt adequate and proper mea- sures to realize it. These are very obvious, and the great Jovillanos points them out in one word, in his Jlgrarian laiv: to respect the right of pro- perty, and let every one manage it as it suits him. In fact, of what use is it to the labourer to toil for a plentiful harvest, if he is not permitted to export and sell his wheat how and where it suits him? Of what use is it to the manufacturer to spend immense sums in perfecting his art, if when he has brought it to the highest state of perfection, there comes an ex- clusive privilege, or a diminution of duties upon the same foreign goods, antl thus entirely destroys the fruits of his industry? Commerce, like water, always seeks its level, and wherever there is a scarcity of one commodity or produce, there the merchant will carry it without being solicited to do so. If Spain would sell her wheat to the English, Portuguese, or French, on terms which are needed in Spain, the Americans, English, French, and Portuguese^ would flock to Spain with their overplus, and the 79 level would be established in that part of the pen- insula where this commodity was scarce; whereas even by means of publick granaries, or by fixing, as England does, such a price as to prevent the ex- portation, all the calamities cannot be prevented. So long as the prejudice or panick terrour which exists upon this point, cannot be removed, agricul- ture will not be encouraged, nor manufactories pro- moted. But 1 am digressing from the principal ob- ject of this memoir, having been carried away by the excitement of my zeal for the good of my coun- try, and must now return to the thread of my sub- ject. Although the present state of the commerce of the Anglo-Americans is not so flattering, as it is perhaps thought to be in Europe, and although it is either completely paralized, or in extreme decline, it will not be extraordinary if it should recover and soon reach a safe and brilliant course; which will depend upon circumstances, and upon the conduct of European nations.* It is well known that this Republick is advantageously situated by nature, for commerce with the rest of America, with India, China, and Europe: that the acquisition of the Flo- ridas will make her mistress of the Bahama chan- * Only a few pages back, the author positively asserted the impossibility of the United States ever recovering their commerce, alleging the obstacles inherent in the nature of ^\Qlr ple: they are a mixture of people, who have emigrated from the most civilized nations of Europe, and who have carried with them to that country, all the light antl knowledge which these nations have been many ages in acquiring. The extraordinary events which have disturbed and afflicted all Europe, and the subsequent convulsions in Spanish America, have given to them that wealth, and power, and gran- deur of attitude, of which they now boast. This people, however, do not appear capable of raising themselves to that colossal greatness to which they aspire, nor to any solid and lasting glory. A compound of individuals of various na- tions, they have no true national character, and devoted to commerce and speculation, interest is their idol. They carried with them to the deserts of North xlmerica, the corruption and the vices of 104 the most degenerate people in Europe;* and this corruption and these vices have met with no bar- riers in a country where all are free, and where luxunj and an insatiable thirst of gold are the pre- dominant passions: extreme egotism^ avarice^ and other sordid passions^ distinguish the character of the Americans.-\ Their manners, in general, re- semble those of the English, tliough they are al- ways accompanied with a certain rusticity, and a provoking arrogance that particularize them. The inhabitants of the United States are descended for * Let the reader compare this with what the author has said on the foregoing page, and he will discover a direct contradiction — There, he says, they brought with them " all the light and knowledge" of " the most civilized nations of Europe''! T. t It was to be expected, after the " glorious and admi- rable" view, which this extraordinary writer had just given of the present state and future prospects of the people of the United States, that he would turn the canvass, and exhibit the reverse of the picture. Such is the plan of his memoir, from beginning to end; and such a plan was essential to the attainment of the object for which he wrote it. It was ne- cessary to give all due weight to the power and resources of the United States, in order to show the little prospect there was of his being able to bully them into a more ad- vantageous treaty; and it was equally necessary to express, his contempt for the people, in order to prove that he was not influenced by fear or respect, to yield to all their de- mands. T. ^ 105 the most part from English families,^ and al- though a multitude of individuals from other na- tions are incorporated in their population, the an- glomania is always prevalent. The institutions of the country, copied chiefly from those of Eng- land; the same laws for the administration of jus- tice in civil and criminal cases; the same language, the same enthusiasm for commerce, and the same spirit of domination and pride, render the two peo- ple very similar. The Anglo-American looks up- on every nation with disdain or contempt, admir- ing the English only, and making it a glory to draw his origin from her.f^But their situation at the head of the New World, without rivals to impede or restrain their march; an immense and varied surface of territory; their rapid and asto- nishing progress in population, the arts and indus- ^He has just before said, that the people of the United Stat^ brought with them to America the corruption and vices 0/ the most degenerate nation in Europe: whether he meant to give England this enviable preeminence, by stat- ing so immediately afterwards, that they are for the most part from that country, his English Revieivers may inquire. T. t This is better and better. How will the Don recon- cile this character of the American people, or the Anglo- Americans, as he is pleased to style them, with his down- right assertion, that they went to war with England, to please JVapoleon? — T. ^ 14 106 try; the brilliant series of their prosperity; the powerful success of their arms in the late war against Great Britain; and the respect which they fancy they have inspired in the principal powers of Europe^ have raised their vanity to an extreme^ of which it is scarcely possible to form an idea. They consider themselves superiour to the rest of mankind, and look upon their Republick as the only establishment upon earth, founded upon a grand and solid basis^ embellished by wisdom^ and destined one day to become the most sublime colossus of human power, and the wonder of the universe. It is not only in the mouths of enthusi- asts, or demagogues, who seek to inflame the ima- ginations of the mob with seductive and exalted ideas, that this language is heard; it resounds from every side. The works of all the Anglo-Ameri- can writers, are strewed with these haughty senti- ments, these brilliant predictions, suggested by an overvveaning vanity. Their publick monuments attest the excess of this pride and ostentatious con- fidence. XThe house in which the Congress hold their sessions, they call the Capitol: a little rivulet near it, about tliree yards wide and a fourth deep, they denominate the Tiber. )j Many of the meanest settlements, have the names of the most celebrated cities of Greece and Rome.* Every thing breathes * Paris, London, Madrid, and even Rome itself, were iu their origin perhaps as inconsiderable and mean, as the lo: extreme affectation and vanity in the United Btatcs; but the sensible man^ who examines things with impartiality and profound reflexion, cannot but foresee the ruin of these States, in the blind im- petuosity of their ambition, and the excess of their pride. The very Constitution, in which they glo- ry, involves the elements of their discord and dis- solution. A federative Republick, where the in- terests of the States are at variance with each other, and where the passions and vices carry every thing before them, would be a singular phenomenon in the history of human establishments, if it should endure long. The States of the South are de- pendant for nothing upon those of the North: their interests, and even the feelings and customs of the inhabitants, are different. Those of the East are, as it were, insulated from both; and it is New Or- leans only, and the regions of the Mississippi, that offer a brilliant and flattering prospect to their trade and speculations. These States and all those that at present exist, or that may hereafter be formed, in the vast regions of the Mississippi and the Mis- souri and along their waters, will of necessity break the chain which unites them to the federa- tion; for their relations and their interests will not new villages in our country that bear high sounding names. It is not the name that makes the city important or ridicu- lous. T. 108 then depend, nor do they now depend, upon the Atlantic States^ and the immense distance which separates them, will stimulate tlieir inhabitants to the division. The federal government appears to be in- satiable in the acquisition of territory: it has ne- ver ceased more and more to extend the limits of the country, and every day to enlarge them with new acquisitions; but it does not reflect, that in the wide extent which it has given, and goes on to give, to the countries of the Republick, it is sow- ing the seed of its future political dissolution. The Anglo-Americans have heretofore been fortunate, for the Republick has yet experienced none of the torments which are accustomed to spring up in every country, in which a popular government pre- vails. Their population, scattered over an im- mense territory, in small cities, (for with the ex- ception of Philadelphia, New York, Baltimore, Boston and Charleston, there is not one that de- serves even the name of town,) and at insulated points, very distant from each other, there has been no possibility yet of conflicting shocks; but from the moment this population is increased, united, and formed into a large and compact mass, com- motions and convulsions will be inevitable. The federal or general government has not suflBcient strength to prevent or dispel this crisis, nor to hin- der its ominous results. The executive poAver is 109 feadly combined with the legislative and judi. cial: it wants the most indispensable facnlties for causing obedience to the laws, and maintainino- good order in the country; and it has power and existence only by the continual exertion of an astute and seductive policy, whose object is to blind the people with flattering and false appearances, to in- trigue m elections, and to gain a preponderant party m the legislative body. It has no other effectual means of succeeding but by corruption in the elec- tions, and bribing those representatives who have most influence and most power in congress, with posts and places that are at its disposal. The peo pie are acquainted with these abuses, and declaim against them. The gazettes and periodical papers throughout the Union, abound in vehement decla- mations upon this particular. The democrats and federalists carry on a war with the pen, clamorous m the extreme: each party pleads in behalf of those whom It wishes to raise to power, and abuses their antagonists; but the executive power, and the legis- lative body, pursue their unalterable course, and, are either insensible to the clamours of the publick papers, or despise them* Tli eyareaH accustom- * Whether the author intended it or not, he has certain- Jr paid here a high compliment to the conscious rectitude and strength of the American sovernment It keeps the "eventenour of its way," i„ full confidence, that, however gazettes and demagogues may declaim and rail, there is a saving virtue in the people to secure the stability of tbe 110 ed to hear these declamations, and even the most vigorous and authentick accusations, but nothing makes an impression upon them. Tlie liberty and well beins; of the state, then, are in the hands of congress, for the Constitution has clothed them with great power, and has entrusted to them the direc- tion and the destinies of the Republick: but intrigue and factions have prevailed in it for years past. The Executive power began to enslave it, if I may so speak, from the first years of the presidency of Madison; and if this influence continues to increase, the meetings of congress must necessarily become a mere formality. The Executive will seize the sceptre, and the confederation will go to ruin: some States will submit to the person who has the great- est influence, and others will separate from the Union, and constitute themselves under a different system. Such are the effects which, in the natural or- der of things, the conflict, or badly organized union, of these two powers, mil one day produce. The judiciary enjoys an entire independence; but it has not, nor can it have, any influence upon the publick destinies of the confederation. Limited to the administration of civil and criminal justice, it decides according to the laws and established forms of the country; and often by the dictum of the judges, for the Anglo-American legislation is the most informal, the most vague, and the most vici- ous, of which I have any knowledge. It consists of all the old farrago of the English laws, and the Ill successive accumulation of acts and general orders of Congress: to this chaos is added an immense multitude of commentators^ casuists and writers of jurisprudence, who open a field of infinite extent for the opinions and subtilties of the dialectician and forensick metaphysician. The judges pro- nounce arbitrarily, and it is very common to see one decide for, and another against, in the same case, and under circumstances perfectly equal. Besides the general laws of the Union, there are particular laws in each state, made by its re- spective legislature; and hence it results, that what is a capital crime in one state, is not so in another, and that a debtor, who has no means of paying his debts, is free in some states, and sent to prison in others. This difference favours the frauds of the corrupt, and affords impunity to crimes, and triumph to collusion and swindling. Under such a legisla- tion, imposition must become an art, and in fact there is no country in the world, where there is so much of it. The lawyers convert the forum into a hall of ostentatious declamation and refined so- phistry: they support the j?ro and the con with equal serenity, and always find in the laws some text or other in their favour.* It may be said, * We wonder y if the author ever saw a country, in which the lawyers did not support the pro and the con with " equal serenity," or a code of laws, in which, if the gentlemen had skill and ingenuitj^ they would not fiad " some text or other in their favour." T. lis that no art lias made such progress in the United States as the art of pleading, orforensick intrigue: it affords considerahle fortunes to those who follow it; and it rarely happens that the lawyer does not accumulate wealth, or acquire a brilliant establish- ji^ent — their number consequently is immense. In a single city in the United States, no doubt more lawyers would be found, than in a whole province, or perhaps a whole kingdom, of Europe. In a country where the people are moderate and enlightened, and where the laws are simple, dear and definite, the institution of trial by jury is in its nature excellent, but it is of little use in the United States; for not being yet in that condition, the judge there has always too much influence on the jury, and even sometimes dictates to them, how they should decide in the case before them. In criminal cases, the proceeding is generally conduct- ed with great humanity, or with great indulgence; and the repugnance to inflict capital punishment is so great, that I have been present at trials of the most horrible cases, even for assassinations well proved, where the delinquent has escaped, under the pretext of some informality in the process. In cases of this nature, the law has no modification of punishment, and the culprit must either be acquit- ted or condemned: an informality in the process prevents his being condemned, and he is conse- quently acquitted. There is a case well known throughout the Union, of a rich Jew at Norfolk 113 having a few years ago publickly assassinated aa honorable merchant of that city, and being permit- ted to go at large, on the very spot where the assas- sination was committed, saved from the gallows by this means. With regard to civil cases, the pas- sions meet in conflict as every where else, and in- trigue exercises all its power* In suits instituted by foreigners against Anglo American citizens, the ju- ries very seldom decide against their countrymen, for patriotism will not always suffer them to fulfil the strict duties of equity, particularly where it opposes the predominant policy, which is to let no money go out of the country. The laws furnish subterfuges to elude the most clear and tenable ac- tions, and the judges generally lean to the interest of the country, even when they are conscious it wants both reason and justice. Law suits are interminable, when the lawyers unite for that purpose; and they act with absolute in(]ependence, in the direction and prosecution of suits, almost always without consulting the parties, and without asking any information or instruction from them, after they have taken upon themselves the prosecution or defence, and received the docu- ments and papers upon which either is founded. They make the parties pay exorbitant fees, and almost always in advance. 1 might here enumerate other vices and abuses of judicial proceedings in the United States, all 15 114 emanating from the defect of the laws, and the ar- bitrariness of the judges, as well as from the tor- tuous course which the lawyers are permitted freely to pursue. I will merely remark, that in no coun- try in the world, is there so much use made of oaths in tribunals, or where perjury is less common. But the only punishment that results from the proof of a witness, or either of the parties (for both must establish their action by oath) having committed perjury, is that his testimony produces no effect.* In criminal suits, it is necesary that tlie crime should be completely and superabundantli/ proved, * Don Luis de Onis, in this, shows himself either more ignorant of the laws of our country than, from his situation, might have been expected, or designedly guilty of misrepre- sentation. From his avowed attendance upon our courts, it is not probable he could have been ignorant, that perjury was a capital offence; but his feelings and prejudices, in the trials for jnracy (as he is pleased to term it,) which took place at Baltimore, and to which he subsequently alludes, led him to regard every witness as perjured, whose testimony v/ent to acquit the South American patriots, who were the accusecf. Ifthe judges and juries of Baltimore have no greater fault to answer for on the great day of account, than their acquit- tal of those who were arraigned on that charge, they may sleep for ever without feeling a single sting of conscience. No evidence could be more explicit, no pleadings could be freer from sophistry, no law could be less susceptible of ca- vil, than those under and by which, the trials alluded to re- sulted in the acquittal of the accused. T, 115 before the penalty of the law can be imposed: if the proof is not complete and superabundant^ the accused escapes, (as 1 have before said) without having any arbitrary penalty inflicted on him. If an individual is prosecuted in an action for a defi- nite crime, and the guilt is not completely establish- ed, but legal proof comes out in the course of the trial, that the accused has committed some still greater crime, he is acquitted, and suffered to es- cape, because the action was not brought aginst that particular offence. The object of legislation being to prevent the perpetration of crimes, by giving a terrible warning and example to the publick, in the punishment of delinquents, and to administer jus- tice with rigorous exactitude, to afford triumph to truth, and to dispel the falsehoods, frauds, and so- phistries that obscure it, it appears that the laws of the United States do not completely fulfil this ob- ject; at least, the practice of the tribunals manifests the contrary. I must further add, that the Presi- dent, in all the States, and the governors, in their respective States, have the power of pardoning ca- pital offences, giving absolute impunity to tlie cul- prits, as if they were perfectly innocent, from a ge- nerosity, in my opinion, badly understood. What I have said will suffice to give a com- prehensive idea of the legislation and forensick sys- tem of the Anglo-Americans, and of the faculties and conduct of the judiciary in their republick, to 116 which it may be added, that they are not exempt^ from the influence of the Executive, nor of the peo- ple, as experience has shown, by their partiality in the causes of piracy brought before the tribunals and juries of Baltimore; a thing which no unpre- judiced Anglo-American will dare to contradict, if he really entertains a love for his country. I will conclude this part of my subject by remarking, that although the judiciary, from the confusion of the laws and the prevailing vices of forensick practice, do not prevent the evils for which their institution is designed, they act in a separate sphere, neither dependent upon, nor hokling any intercourse with, the other two powers. This branch, therefore, can have no part or influence, as I have said, in the struggle or conflict which exists between them, from the very nature of the constitution, and which must every day become more and more general, in pro- portion to the progress of corruption in manners, and the height to which ambition and other power- ful passions are carried in a young country. The people are generally well instructed in all the principal points that concern iheir interests, in the progress o£ ithe government, and in many of the dangers to which the Republick is exposed. The periodical papers and gazettes which inundate the country, show all this to the publick, well or ill, ac- cording to the views of the editors, or according to the party, or passions tbey espouse. The govern- 117 Vieut also lias its pensioned editors, who support and eulogize its conduct. Every body reads the publick papers in that country, and there is scarce- ly an individual in a thousand, who does not know how to read and write; and even in the most mise- rable hamlets^ in the cottages, and in the woods, the gazettes are received and read. The carman and the most rustick peasant, the mariner, the artisan, the labourer, all, all are informed of the state of publick affairs, and all talk politicks;* but their ideas are always superficial, and the result, as is natural, is that they are led away by the dema- gogue who happens to have most eloquence and most popularity. The two parties which have had the strongest conflict in the Republick, are the democrats and the federalists: the first is composed of what is every where called the vulgar ^ and the second of men of standing and wealth, distinguished not only for their fortunes, but also for their education and the splendour in which they live. Both parties aspire * And yet the author predicts tlie ruin of such a country and such a people ! No. While the artisan and the labour- er, the mariner and the peasant, all, are instructed in pub- lick aft'airs; while thej can all read the gazettes and think for themselves, demagogues may declaim, foreigners may write and predict its dissolution, but the RepuHick will still hold its "stand upon the adamantine rock of human rights." T. 118 to posts of authority in the Republick, and this is the principal object of their emulation and fortune. The democrats wish for the establishment of an Agrarian law, an equality of fortunes^ and an abso- lute confusion of classes; but not being able to ac- complish it to the extent of their wishes, they make the greatest efforts to occupy the places of highest honour and profit; and as they embrace the multitude in their number, they carry every thing before them in elections, when the federalists do not exert all their influence and power, to prevent, or neutralize at least, the frenzy of the popular party, and re- strain their unbounded excess and corruption. The system of the federalists consists in giving tlie prin- cipal posts and authority to meritorious persons, and such as enjoy estates and considerable fortunes, distinguished for their character and talents — cir- cumstances which are seldom found united except in those of their party: hence, then, proceeds the origin of their opposition to the democrats, who la- bour to concenter every thing in adventurers and those who belong to their faction; and since the elevation of Jefferson to the Presidency, their tri- umph has been complete, and it continues with lit- tle difference under the present President, for the federalists have shown themselves passive or indif- ferent, abandoning themselves to a sort of apathy, 119 ominous without doubt to the prosperity of the Re- publick.* When the Presidents are of the democratick party, they distribute offices only among their own party, and leave nothing undone to please the po- pulace, and obtain the favour of the multitude: they thus manage to keep themselves for a long time at the head of the nation, and to be reelected a second time — that is to say, for eight years, as has already been the case with all the Presidents, with the ex- ception of the second, Mr. Adams, over whom de- mocracy triumphed, giving him a successor at the end of the first four years. The present President^ * It is not possible, that the author can here be giving the result of his own observations: there is too much in it of the s/aw^ of party, to have come from one who felt no party attachments. There seems to be a strange and unaccountable sjmpathjj existing between all foreigners, of a certain clasSy and that party, to which Don Onis assigns all the respectability and talents of the country. No intimacies are formed, while such foreigners remain in the country, but with them — no familiar intercourse, by which alone they could judge of the characters of men, subsists but with them; hence it is, that they find estates, character, and talents so " seldom united, except among the federalists." No foreigner, unprompted, could think of denominating nineteen twentieths of any peo- ple, a political faction, and that is about the proportion be- tween the two parties, of which he speaks, in the United States. But such ridiculous absurdities scarcely deserve no- tice. T. 120 Moiivoej altliough of the democratick party, is a man extremely moderate, sagacious and enlightened: he has endeavoured to unite the two parties, and has succeeded to a certain degree; but they are now beginning to form two other parties, denominated of the North and South; and as the latter will have the preponderance in Congress within a few years, a division of the Union into two or more republicks will be the inevitable result. It is probable, that in the next election Monroe w ill be confirmed in the Presidency for another four years. Political system, and relations of the United States tvith the different powers of the Globe, The United States had scarcely seen their in- dependence acknowledged, tranquillity and good or- der established in their Republick, and tlie place set- tled which they were to hold among independent powers, when they formed the ostentatious project of driving from the continent of America the nations that held possessions on it, and of uniting under their dominion, by federation or conquest, the whole of the colonies. As a preparation to realize this gigantick plan, the United States began by procur- ing a geographical and statistical survey of the whole continent, and islands which they coveted. They sent emissaries every where, and even mill- ISI tary expeditious, under the orders of well informed and experienced chiefs, to explore the internal pro- vinces of Mexico, and the islands of Porto Rico and Cuba; they procured correct maps of those do- minions of Spain; made themselves acquainted with the soil, climate and productions; formed connexions with their inhabitants, and endeavour- ed to scatter among them the seeds of indepen- dence, proclaiming that the happiness they en- joyed in their Republick was due to their wise Con-^ stitution. The travels of captains Pike, Lewis and Clark, through the interior provinces of New Spain, had this object; and they furnished exact maps of that country, and information till then unknown even among ourselves, as well upon the advantages which might be derived from a commerce with those countries, as upon their climate, number of inhabi- tants and Indians that peopled them, troops that garrisoned them, and passes badly defended or ne- glected, through which entrance might be gained with facility into the kingdom of Mexico. The Spanish commandants in the interior provinces, in- stead of opposing these incursions, which they ought to have regarded as hostile, permitted them, whether from fear of committing the nation with the United States, or because they believed that they were not of much consequence. But let the object have been what it might, of this there is no doubt, that the Anglo-Americans, encoura^^ed by this proof 16 1^2 (if our weakness, became every day more daring, and had scarcely taken possession of Louisiana^ when they demanded as a part of it, the territory be- tween the river Mermenta and the Sabine, of which possession had not been given at its delivery. Our commandants of Tehas, without force to defend this territory, made a convention with the United States, in which it was stipulated that the whole of the country should remain neutral and unoccupied by cither power; and although our government did hot sanction this convention, it appears from the fact of their not having afterwards occupied the country, that they tacitly acknowledged it. I will not stop to enumerate here the infinite prejudices which we have sustained from this, since it is no- torious tliat it is in that country, all the armaments have been fitted out that have invaded the kingdom of Mexico: I will merely remark, that this confir- mation of our V, eakness discovered to the United States, tliat they might, without risk, attempt to unite to their territory, those possessions of the mo- narchy which most flattered their wishes. The revolution in Spain, and our struggle with the usurper of the throne, presented them a fa- vourable occasion for it, which they did not lose. They began by exciting a party at Baton Rouge against the authorities of the king: they persuaded them to declare their independence, and to solicit their aggregation to the Republick; and this Re- 123 publick, ready to profit by a revolution which she had excited with that view, sent her troops into the territory, under the pretext of restoring order, and subsequently incorporated it with her dominions by act of Congress. They employed the same cunning against Ame- lia Island, and attempted the same thing against Mobile, and the rest of the territories of West Flo- rida as far as the river Perdido; but the inhabitants not having answered their wishes, the government resorted to Congress for authority to take posses- sion of those territories by force, should circum- stances require it. The President of the United States, under the sanction of that authority, ordered siege to be laid to Mobile, and general Wilkinson took possession of the place without firing a mus- ket, for which his prowess was celebrated in mock- ery in all the publick papers, comparing Wilkin- son to Buonaparte, he having, as they said, con- quered the place with gold, instead of using the sword. By. virtue of this capture of Mobile, the boundaries of the Republick were extended as far as the river Perdido, and the President contented himself with replying to my protests against this aggression, that the territories should remain in the power of the United States, as they had been in that of Spain, subject to an amicable negotiation^ but notwithstanding this, they were immediately 1S4 incorporated with the dominions of the Republick^ by another act of Congress. The same system was in agitation with regard to Mexico^ Caraccas^ the Internal provinces, San- ta Fe, Buenos Ayres^ Cuba^ and even the Philip- pines, and if the effect they promised themselves was not produced, still they did not abandon the plan of invading these provinces of the Spanish monarchy, and weakening and dividing them, to the end that they might offer them their protection, and unite them to their dominions./y Such is the policy of the Republick of the United States as it regards themselves, and Spain, which is the near- est power, and with which it has relations of the greatest interest. We may be firmly persuaded, that nothing but the obstacles which were opposed on our part, could have made them change their system; for that power is not like Spain, Portugal^ and many others that travel on almost without a system, or under one that is subject to change with every change of minister or sovereign. The Unit- ed States form their plan with wisdom and mature reflection, and pursue it with intrepidity, as does England: whoever may be their governors, it is not altered one jot; unless certain vicissitudes or trea-t ties, by changing their relations and interests, im- periously require it. Let us now see what is their particular system with regard to England. There seems to be no 193 room for doubt, that the United States are firmly re- solved to get possession of the provinces of Canada, New England* and the rest of the islands that Great Britain possesses on the continent of Ameri- ca.!^ As this cannot be done at once, and it would be an absurdity to enter into conflict at present with that power, the United States, with the view of gra- dually preparing for this conquest, are going on to extend themselves by means of purchases, exchang- es and negotiations, in the territories of the Indians that border upon these provinces; they are garrison- ing all the points that can conduce to their defence, or furnish support to their attacks; they are daily augmenting their navy; organizing their array;J fortifying all the points by which their territory might be invaded; and, as they know they have no engineers sufficiently scientifick for this object, they * JYeiv Scotlandy or Nova Scotia, the author probably means. T. t This is a literal translation from the original, which is, y demas islas que posee le Gran Bretana en el continente dc America. What the author means, by calling Canada, anil New^ England, islands, and by islands on a continent, the rea- der must endeavour to find out. T. :{:When speaking of the military force of the United States, the author said, that the army was badlij organized, that they had no idea of modern tactics, that they had learn- ed nothing since the war of independence, and that it never could be otherwise. It suits his purpose, at present, to take a different view of the subject T. lao have taken into their service general Bernaitl, one of Buonaparte's most celebrated officers^ and are employing him with the greatest zeal in this affair. The acquisition of the Flp|*idas^ will not only round off their possessions in the South, but it will enable them to establish one of the best arsenals in the bay of Tampa, and by means of this establishment (which we have either despised or been ignorant of) and the forces which they may keep in it, and in the port of Pensacola, they will be able, in case of war with Great Britain, considerably to obstruct their commerce to the islands in the Bahama chan- nel, and even to take possession of them, for the purpose of going on afterwards in their prepara- tions for the conquest of the Antilles.* It is not possible that Great Britain can be ig- norant of these manoeuvres; but feeling secure in her immense strength, she has despised this petty power, firmly persuaded that she holds in her hands the means of destroying them the moment they at- tempt it; and I have no difficulty in believing it to a certain extent, for I saw that she might have ac- complished it in the late war, if she had felt less con- tempt for the Anglo-Americans, and had carried on the war with them, with the same circumspection, she had used agaiiist Buonaparte. *This is really a brilliant scheme, and one which shows that the United States are not so petty a power, as the authoi calls them a few lines below. T. I respect the policy of Great Britain, for I know that no Cabinet possesses this science in a more eminent degree; but T admire also that of the United States, who with a population already in- creased to about ten millions of inhabitants, are not intimidated by their colossal enemy, but are going on to prepare with wise precaution, not only to defend themselves against her, but to take ad- vantage of every circumstance that may contribute to humble her. As with this view, and to take from her the sceptre of the ocean to which they aspire, they believe that France, and some other maritime powers, may render them assistance, they omit nothing in their system of policy that can pro- pitiate their favour, gratifying them in every thing that does not directly oppose their general plan, whilst in their character and national pride, they have a sovereign contempt for all; and they regard England only, which is the power they most hate, with some respect, making it all their glory to have descended from her.* The United States have no direct interests, but with the three powers mentioned, Spain, Eng- land and France; but their general system embraces all, and, however strange it may appear, is direct- ed to the excitement of wars and dissentions be- *This paragraph of the author possesses the true diplo- matick ambiguity — meaning any thing or nothing. T. 138 tween them: for as the result of this would be that they could carry on no commerce, the Americans would transport the merchandize of all the belli- gerent powers, and would enjoy, in their destruction and dissentions, the brilliant prospect of getting rid of their flour and other productions, and even of promoting their manufactories, which they know cannot enter into competition with those of England, while peace subsists in Europe. Amidst all this, a greater or less predilection for these powers, forms a part of their system, ac- cording to the degree of influence which they pos- sess in the general affairs of Europe, and tlie great- er or less utility or prejudice to be derived from them to their commerce. Hence it is, that with Denmark, Sweden, Austria, Prussia, Naples, and the rest of the petty courts of Germany and Italy, with which they have but very trifling commercial relations, and from which they have nothing to fear, the United States confine themselves to a cor- respoudence of civility, and to acquiring from tliem all possible preference in their commerce. They have some greater consideration f»r Holland, under the remote idea that their navy, together with that of France, may some day unite with their own against England. They regard Russia with dis- tinguished courtesy, for the influence which she has in all the affairs of Europe, although the com- merce they carry on with that power is of little mo- 1S9 jnent. Portugal they look upon as a nullity, or ra- ther as a eoloiiy of Great Britain, and therefore en- deavour to do her all possible evil, by fomenting dis - Mentions in her provinces, and by arming privateers in their ports under the insurgent flag, for the pur- pose of ruining and destroying her commerce. With regard to the Port and the Barbary powers, the United States have refused to give them any donation, and for the purpose of protect- ing their commerce, they constantly keep a squad- ron in the Mediterranean, which has the double object of exercising their sailors, and of being al- ways ready to take advantage of circumstances. In respect to the revolutionists of America, it has already been said, that the United States flat- tered themselves that by promoting their independ- ence, various republicks might be formed, which, but little able to defend themselves against the mother country, and maintain their independence against other powers that might seek to oppress and enslave them, would confederate with them, and that thus a single republick might be formed of that vast continent, the presidential seat of which, it was proposed, should be changed from Washington to the isthmus of Panama.* * Another brilliant scheme, wliich may, perliaps, so?«e centuries hence, occupy the consideration of the American cabinet. The whole of tliis chapter upon the policy of the 17 130 Experience has subsequently taught the An- glo-Americans, that the Spanish character is the same in America as in Europe; that they do not readily suffer themselves to be commanded by fo- reigners; that the minds of those inhabitants excit- ed to rebellion are not accustomed to the republican regimen, and that the result of their independence will be the continual struggle of the different par- ties to obtain the command: they see that in this state of things, their favourite plan cannot be ad- vanced, and that, on the contrary, England is the power, that will derive all the benefit from the re- ibels, on account of her brilliant manufactories. The discovery of the political crrour they commit- ted in encouraging the independence of the revolu- tionists of America, has induced them now to con- fine themselves to a passive commerce with them, with a view to prevent Great Britain's anticipating them; but in reality they could experience little in- jury from this, for, as they can carry them little or nothing which they either have not themselves, or United States, and their foreign relations, will serve to show the romantick turn of the Minister's genius. He seems to liave been well acquainted with the physical strength and susceptibilities of the United States, and having reflected so long and so enviously upon what it was in their power to accomplish, he has at last persuaded himself that the schemes were actually in agitation. T. 131 cannot procure from England on better terms, they generally lose by the trade. For the purpose of bringing money into the country for their banks, and for their commerce with India, formal compa- nies have been established in the City of Baltimore^ who are engaged in fitting out pirates under the in- surgent flag, which bring to the United States the proceeds of their robberies, committed not only against Spain and Portugal, but against the vessels of all other nations, which destroy the commerce of these nations, and which are bringing up a ge- neration of monsters and assassins, that it will be extremely difficult hereafter to exterminate from the seas.^ This is the system of polity, which the Unit- ed States pursue, in relation to the different powers of the globe. From this we may deduce the mea- sures which ought to be adopted on our part with that Republick, and even with the nations of Eu- rope. 1 will not presume to point them out to the * This, to use the courtly language of a celebrated En- glish diplomatist, is an absolute falsehoods There are not, nor have there ever been, " formal companies in the city of Baltimore, engaged in fitting out pirates.'* If this had been true, the keen eyes of the Minister and his Attornies, would have found them out; and though the "judges and juries of Baltimore" might have saved them from the gallows, they would have been marked by the execration of their fellow- citizens. T. 132 JieDiities of the Nation, who know better than I do the interests of the monarchy, and the resources which may be counted upon to carry them into ef- fect. 1 will barely observe^ with regard to the Americas, that every plan for the paciiication, or union of the inhabitants of the two worlds, must conciliate the interests of the former, those of the mother country, and those of the powers interested in supporting independence; and that any system which does not unite these three objects, will pro- duce no other effect than to disappoint the expecta- tions of the nation: and lastly, that a fixed plan or system of policy, and of revenue, is indispensa- ble to every constituted power; and that from the combination of these two systems, founded upon a solid and permanent basis, and resting upon the in- terest of the State, the result must necessarily be, the splendour of the nation, and tJie happiness of all the individuals who compose it.* I am very far Irom wishing to find fault with the system of the United States, however it may be founded in extravagant pride, and frequently in violation of the laws of nations: the only thing * All the author's notions of this fixed system of polity, and of revenue, are evidently derived from the United States; for they are the only power, by his own confession, who do not change their systems with every change of Mi^- nister or Soveiei;rn. T. 133 which I cannot avoid looking upon with horiwir, is the system of piracy organized in the city of Baltimore, a thousand times more mischievous than that of the Barbary powers.* Nor will I impugn the system of those powers which, for particular views, have caused injuries to Spain: I know very well, that every nation is right in acting according to its own interests, and that when the sum of these requires a blow or secret injury to those that might some day or other prejudice it, there are few that have the delicacy to forbear; but this itself demands the attention of each nation, that it may oppose the designs of those that act so as to injure it; for one * 5a^^imore is honoured by the peculiar hatred of the Chevalier; and this is easily accounted for: the enterprising activity of her citizens, their innate love of freedom and in- dependence, and their natural sympathies with the strug- gling patriots of South America, induced many of them to expatriate themselves, and by becoming citizens ot the in- fant republicks, to acquire a legal right to aid them in their emancipation from the tyranny of the Madre Fatria. The Constitution of the United States recognizes the right of every man, to throw oft" his allegiance, when it suits his views of happiness, to connect himself with another State; nor when this is done, can the United States exercise any fur- ther control over his conduct, while he infringes none of their laws. The insinuation, therefore, that it iHade a part of the system of the United States to protect their citizens in the violation of the laws of nations, is false and un- founded. T. 184 is not less free to defend itself against the strata- gems of another, than that other is to practise them. I can only blame that power, which, knowing the arts that are used to injure it, remains passive, and instead of adopting a profound system of policy, by which the evils might be turned from itself upon the offender, thinks by negotiation, by complaints, by a mean and wretched cunning, to overthrow the wise measures of the best organized systems of policy. NEGOTIATION WITH THE UNITED STATES OF AMERICA. The disagreements which gave rise to the ne- gotiation with the United States of America, may be said to have taken their origin from the treaty of amity, limits, and navigation, concluded in 1795. This treaty signed by Don Manuel Godoy without any geographical knowledge of the countries upon which it turned, nor of the mutual interests of the two powers, gave to the American territory about one degree, in the whole extent of the dividing line between the Floridas and the territory of that Repub- lick, from East to West, and put into their hands the most fertile lands that belonged to the Floridas, the most beautiful rivers that flowed from Georgia and Mississippi, the important post of Natches, and other fortifications that served for our defence of the Floridas against the United States. This impoli- tick cession, made without any necessity, (for at that time Spain might have dictated the law to that Republick,*) proved to the United States with how * " Tliat time" has never been, since his Britannick ma- jesty ceased to call these United States his colouieit, wheii Spain could have "dictated the law" to them. Don Pvlan- uel Godoy was perfectly aware of this truth. T. 136 much facility they might extend themselves into the possessions of Spain, and their interest dictated to them that they should lose no opportunity that presented itself, nor neglect to excite occasions for this purpose. Another errour was committed in the same treaty, namely, the stipulation that the flag should protect the property, in whatever war either power might be engaged with a third, while the Ameri- cans, three or four months afterwards stipulated the contrary with Great Britain; the result of which was, that the American flag protected English pro- perty from capture by us, while ours was captured under the same flag, for so had the American cabi- net stipulated witli the court of England . Although my predecessor the Marquis de Casa Irujo, upon giving information to our government of the conclu- sion of this treaty with Great Britain, represented the necessity of placing both upon an equal footing in this point, in order to prevent the injuries that might arise to us by this stipulation, in the event of a war with England, no provision whatever was made; and this has been the origin of our dissen- tions, and of the numerous claims of the Americans, as well for vessels captured by our cruizers in vio- lation of the said article of the treaty, as for those captured and brought into our ports by the French. The first of these two demands, was com 137 pletely sanctioned by the convention of 1802;* but the ratification was then suspended, because the two governments had not altogether agreed as to the second. It does not require much skill to per- ceive, that this convention was another absurdity^ for never ought Spain, under any circumstances, to have considered herself responsible for the indem- nification of injuries which the bad faith of the Ame- rican government occasioned us, without our having a reciprocal guaranty that England would respect that flag while it carried our goods. As the Spanish government has shown itself ready to ratify this convention ever since the year 1802, provided the subject of injuries caused by French cruizers should be reserved for ulterior ne- gotiations, the American merchants have made the- debt, with 20 years interest, amount at present to * The Marquis de Casa Irujo, having seen this Memoir before it went to press, said to me as he returned the manu- script to my hands: " The Convention of 1802 is a most es- sential circumstance in the history of our political relations with the United States. You give it all its weight, and pre- sent it under its true colours; but it seems to be not less just than proper for me, in the situation in which intrigue and iniquity have lately placed me, not to omit, in speaking of it, the incontestable fact, that I was sent to the United States with the royal order to sign it, and that I had the firmness not to execute it, having discovered the insidious tendency of the stipulation, relative to losses and injuries for which the American government claimed indemnification of us.'' is 138 more than 15 millions of dollars: it was, thereforey all important and imperiously necessary for the go- vernment of Spain, to get rid at once of this debt, to avoid the claims of the American government, Avhich were accumulating from day to day, and which were so much the more prejudicial as that Republick, from the particular circumstances under which we were situated, might do justice to herself at will, and, under pretext of indemnification, take possession of those provinces of the monarchy on the continent of America, that would best suit her interests. Another errour, of great and transcendent im- portance, was committed on the part of Spain, in the cession to Buonaparte, in the year 1800, of the province of Louisiana, in terms so ambiguous, so contradictory, and so unusual in diplomatick trans- actions, that the frontiers of the province were not marked out, nor was the stipulation even thought of, that France should not alienate it. Not till two years afterwards, and when it was already known that Buonaparte had it in contemplation to sell it to the United States, was this declaration solicited from France, and her ambassador made it by an offi- cial communication; but this did not prevent Buo- naparte from selling it in 1803 to the United States, nor from compelling the king to disavow the formal protest, which the Marquis de Casa Irujo had sub- mitted against the sale of the province, as made by 139 France without authority, seeing the delaration mentioned. This and other absurdities, of which 1 shall make no merit, such as that of our government hav- ing subscribed to the treaties of Paris and Vienna, without having required that Louisiana should be restored to us, since the province of Etruria, for which we had ceded it to France, had been taken from us, are sufficient to show to every sensible man, that the treaty intended to be concluded with the United States, besides being extremely complicat- ed and difficult, was absolutely necessary to prevent a rupture with the United States, which, it was to be feared, would lead to the loss of the whole, or the greater part, of South America. This danger then was to be avoided; the fron- tiers of New Spain and New Mexico were to be defined in a suitable manner, so as to separate the Americans as far as possible from these precious possessions; the errours of the treaty of 1795, and of the Convention of 1802, were as far as possible to be corrected, that they might not weigh upon the nation in future; and lastly, it was important to free the national income from the enormous disburse- ments for which it stood committed, and which it was, by no means in a situation to be able to satisfy. The attempting a work of this importance, at the distance I was from the government, might have appalled one of greater abilities than mine; and 140 therefore my whole endeavour from the first was di- rected to persuade the two governments, that it Avould be expedient and proper to establish the ne- gotiation at Madrid. This proposition not having been admitted., I hinted that it would be better to appoint a plenipotentiary adjunct with me, as the Americans had done in 1805, when they sent Mr. Monroe, that he might in conjunc ion with Mr. Pinkney, negotiate with Don Pedro Cevallos, mat- ters of so much moment; but this was not acceded to, his majesty honouring me with the most flattering expressions, and with the most ample powers, that I might alone, and without consulting any other person, negotiate for the settlement of the differ- ences, in the best manner that my zeal and love for the monarchy should dictate. All my hopes, then, upon these two points being disappointed, finding myself compelled to struggle alone against the American cabinet, the Congress and the Senate, and against the opinion of the people, ex- asperated at finding that payment for the losses they claimed was delayed, 1 thought it of the utmost ne- cessity to endeavour to calm this effervescence, through the medium of three memoirs, which I pub- lished in English, under the signature of Verus, in the years 1810, 12, and 17; and I begun my cor- respondence with the Secretary of State, by discuss- ing slowly, but with solid and convincing reasons, the rights of the Spanish monarchy to the lands in 141 dispute, thus giving myself time to procure from his majesty's government, those instructions which were necessary for the clue fulfilment of his desires. They were, in fact, successively given to me, by Don Jose Pizarro, and the Marquis de Casa Irujo, and 1 endeavoured to govern myself by them in every thing essential. But carried away by the ardent zeal which has always animated me for the honour and glory of my country, I solicited and ob- tained several advantageous conditions which the knowledge of the country aiforded me, and which it was not possible for the government to have fore- seen, and in fact I signed a definitive treaty of set- tlement and limits with the American Secretary of State, on the 22d of February, 1819, making choice of that day as being the most sacred to the Anglo- Americans, on account of its being the birth day of the founder of their Kepublick, Washington. This treaty, examined and approved by the Senate, signed by the President, and exchanged by the Secretary of State of that government and my- self, I transmitted to Spain by his Majesty's Con- sul at Alexandria, Don Joaquim Zamorano, whom I despatched for the purpose, in the beginning of March last; but, a few days after his departure, it was published in all the gazettes of the Union, that the agent of the Duke of Alagon had offered for sale the lands that his Majesty had granted to the Duke, asserting that they were v» orth eight millions 14J^ of dollars J and that they had been sanctioned by the date agreed upon in the late treaty. To this publication, it was added, by the rivals of the Ame- rican Secretary of State and the President, that they had suffered themselves to be deceived by the cunning and perfidious Spanish Minister, who had ceded the Floridas to them after they had lost their value, that the iVmerican citizens might be cheated out of the satisfaction they expected for their losses, from the sale of these lands. It is difficult to paint the consternation which these ideas produced in that government. The Siguor, the Minister of France, was the first who, induced by his desire of conciliation, endeavoured to convince me of the ne- cessity of removing the idea that I had acted with bad faith in this transaction, as was laid to my charge, by giving a declaration, which would be demanded of me by that Cabinet, in which I should set forth, that although the grants to the Duke of Alagon, Count of Punonrostro and Senor de Var- gas, were anterior to the date that we had fixed in the treaty for its confirmation, yet we had always understood that they were annulled. 1 replied to this Minister, that 1 could not deny that I had be- lieved these donations to have been posterior to the date fixed upon in the treaty, and that consequent- ly they were annulled; but that if they should prove to have been anterior, I had no power to invalidate them, for that the treaty had received all the legali- 143 ty of which it was susceptible as a law of the Republick, and that neither of the negotiators was now competent to alter it; that with regard to the bad faith of which I was suspected^ it w as of but little consequence to me, for every sensible man, and the government itself, knew that I was incapa- ble of prejudicing either of the two nations for the sake of protecting private individuals; that the hon- our of the king and the nation demanded that I should fix that epoch, and no other, for the annihi- lation of the grants, and that the treaty would not have been signed, if the American government had not subscribed to that epoch; and that I was ready to make this declaration, but not to invalidate the grants, nor alter the treaty we had concluded. The declaration w as in fact demanded of me, and 1 gave it in the terms mentioned, leaving it in the power of his majesty to act as he thought proper on that point. In giving to his majesty an account of this incident, which I regarded as advantageous, I in sinuated that if the Americans refused to exchange the ratifications of the treaty in the terms in which it was conceived, they would be exposed to tlie eyes of the world as a people of the worst possible faith, and his majesty would be at liberty to violate it without any responsibility; and that if, as I believ- ed, his majesty had no great inclination to maintain the grant of these lands, he might give them up for the benefit of the American citizens, by which he 144 would acquire an unequalled popularitj, and per- haps draw from it some advantageous conditions on the subject of the pirates, a point which I had only been able to obtain in part; or some promise (though that would have been no security,) that they would not acknowledge the independence of the ultrama- rine revolted provinces, until other nations had done so. In the month of April last, the Express whom I had despatched with the treaty, arrived at Ma- drid, and in the August following, before the period fixed for the ratification had elapsed, I arrived my- self. His Majesty received me with his charac- teristick goodness; did me the honour of telling mer that he was well satisfied with my services, and tliat he had seen with particular approbation, that I had done every thing that depended upon me for the interests of the Nation. The provisional Mi- nister of State, and the rest of the Cabinet, repeat- ed to me that 1 had faithfully fulfilled the orders that had been transmitted to me, and so far from there being any charge against me, all acknowledg- ed my zeal, prudence and activity in the negotia- tion. The determination, nevertheless, which had been some time before formed by the ministry and Council of State, to suspend the ratification of the treaty, was persevered in: not a single word was asked me about it, nor were the motives explained to me which had led to this determination, approv- 145 ftd as had been all the steps I had taken during three years and a half in the ne2;otiation, which had already lasted for fifteen years before, and had con- sequently been sufficiently discussed and exhaust- ed. Under such circumstances, and knowing that whatever step I might take to explain this most im- portant affair, would be without effect, or that it would produce no other than that of conHrming the voice of those who had, in their own way, painted this treaty to his Majesty as disgraceful, antl that I was of an inflexible and obstinate character, and above all partial on a subject in wliich I had had so large a part, 1 thought it a point of honour to re- main passive, until I should be questioned, or un- til circumstances should force me to present (as 1 now do) to my fellow citizens, in their native idiom, the true picture of these negotiations, and the do- cuments that have been published, translated into English, throughout all Europe. I might here make a few observations upon this treaty, which;, though useless, as being deducible from the docu- ments themselves, might ccmtribute to the better in- formation of those, particularly, who are not ac- quainted with the ground in question, or who are not profoundly versed in the interests that divide the two nations. But as, to do this, 1 should be under the ne- cessity of analizing the treaty in all its parts, which before its ratification must be presented, according to the constitution of the monarchy happily reestablij?h 19 146 ecl^ to the augiist assembly of the Cortes, for their sanction, I have thought it my duty until then, scru- pulously to abstain from prejudicing their judgment, hoping that every intelligent man will duly appre- ciate the motives of delicacy that impel me to this conduct. An impartial publick v^ ill judge^ whether the treaty of the 22d February, 1819, (which is impro- perly called a treaty of Cession, as it is in reality one of exchange or jiermufation of one small pro- vince, for another of double the extent, richer and more fertile,) deserves the epithet of disgraceful, under which it has been painted to his Majesty^ and whetber T bave not in it attended to the honour and interest of the nation, somewhat more, in my conception, than in the treaties of Paris and Yiennaj and that of the slave trade which sbut the door to the infant prosperity of our American islands, as well as others both anterior and posterior which have unfortunately committed the dignity and inte- rests of the country. i will agree, however, that for greater perspi- cuity, I might have extended the 3d article in the follo\\ing terms: ^^ In exchange, the United States cede to his Majesty the province of Tehas, &c.'' as the government wished me to express it; but as I had, in the correspondence which is inserted,* for * The correspondence alluded to here, is not in the Ap- pendix to this volume, a 2d one being in the press atMadrid- T. 147 three years contended that that province belonged to the King, it would have been a contradiction to say in the treaty that the United States ceded it to his Majesty, the same thing being obtained by the terms in which it is expressed, the limits that ad- judge it to his Majesty being fixed, and the United States expressly renouncing all rights which they had or can have to it. This charge, with which they have sought to obscure the advantages or dis- advantages of the treaty, is a new triumph to the nation, which is the only object 1 have always liatl in view. As the treaty had been executed by me in con» formity with the instructions which had been given to me by the prime minister of State, and as it moreover contained various stipulations of notorious advantage to the nation, it was not to be expected, that after its conclusion, a discussion would liave been entered into to examine whether these instruc- tions had been well or ill planned. Don Juan Es- teban Lozano de Torres, and the ministers who support his opinion, could not be ignorant of these facts; but as some pretext was necessary to carry on their plans, they pretended that England, dis- pleased at the cession of the Floridas, would take from us the island of Cuba, if the treaty were rati^ fied, and that, upon the whole, it was better to let the Americans take them by force than to cede them, j^ince by this means the grant of lands to the Duk^ 148 of Alagon, worth eight millions of dollars, would remain valid. To the first point. I will reply thai England advised his Majesty, with tlie greatest frankness and sincerity, to cede the Floridas, or to make any settlement with the United States which he thought expedient, for that his circumstances, and those of England herself, who was not able to assist us or defend them, imperiously demanded it. Could England, after so frank and decisive a de- claration, use this pretence to seize the island of Cuba? And if she did use it, could she not em- ploy it with better excuse to seize it, seeing that Spain abandoned her possessions of Florida and the Tehas without defending them either by force or amicable agreement ? Would she not have a more plausible motive for it, in as much as the Americans were in a situation to take possession of Cuba, to occupy it in anticipation under the pretext that it might not fall into their hands ? Who can avoid making these retiexions, limited as may be his view ? Assuredly no one. England has more dignity and honour than these political novices would attribute to her, and although I will not de- ny that in the convulsions f ^ America they have caused us serious evils, we ourselves have perhaps provoked them by tlie little conciliatory conduct we have used towards her. England has given in- contestable proofs of the interest she feels, in the well being of Spain, in the powerful assistance she 14& rendered us in our glorious struggle to maintain our independence. It cannot be supposed, that if she had had an interest in destroying Spain and taking possession of her rich ultramarine estates, she would have neglected to do it, when there was no- thing to prevent lier; but the Nation has another more powerful safeguard in the arms of her sons, and may whenever she pleases place her posses- sions beyond the power of insult from any foreign power whatever, that attempts either secretly or openly to assail her. Let her adopt the measures that a sound policy dictates, and never manifest un- founded fears that she may dispel as smoke, by her prudence and courage. The idea that it would be more advantageous to the nation to let the Duke of Alagon keep his lands and abandon the Floridas to their fate, than it would be to support the dignity of the national character, is truly new. Besides, instead of these lands of the Duke of Alagon being worth 8 millions of dollars, it is doubtful whether they are worth at the present day three or four hundred thousand. The laws that protect the property of the individoal in the United States, would not protect the Spaniard more than the American, and there can be no doubt it would have been preferable to sell them for the benefit of the treasury and to pay the claims of Ame- rican citizens with their produce, than to keep them for the Duke of Alagon: and at all events the mo- 150 narchy would have remained under obligation to pay about 400 millions of reals for injuries claimed, and for which there were no funds. I have thus concluded ray observations: I trust, an enli2;htened publick will overlook the repetitions and faults of style to be found in them, for the hurry in which they were written with a view to their be- ing ready at the meeting of the Cortes, and my ap- proaching departure on the embassy to Naples which his majesty was pleased to confer on me, scarcely allowed me time to read them. My prin- cipal object has been to lay before the nation the authentick documents of every thing that occurred in this negotiation, and to give them an idea of the resources, population, and strength of the Repub- lick of the United States of America, of the charac- ter of the inhabitants, and the brilliant situation in which they stard; that they might, with this knowl- edge before them, adopt towards them such a sys- tem of good understanding as the similarity of their sentiments might suggest. As to myself, honoured by his majesty, and satisfied at having discharged my duty, I have nothing to wish for, but that my labours may be of some use to the heroick nation that gave me being, and among whose children it is my glory to count myself. APPENDIX. PRELIMINARY and Secret Treaty between the French Republick and his C. ]M. tlie King of Spain, relating to the aggrandizement of H, R. H. the Infant Duke of Parma in Italj-, and to the recession of Louisiana. His Catholick Majesty having always manifested the most anxious desire to procure for hisR. H. the Duke of Parma an aggrandizement, which might place him on a footing corresponding with his dignity; and the Fiench Re- publick having long since given to H.C. M. the King of Spain to understand the desire which they felt to recover possession of the colony of Louisiana; both governments having interchanged their views upon these two subjects of com- mon interest, and circumstances permitting them to enter into engagements in this particular, vt'hicli as far as it depends on them, may assure reciprocal 'satisfaction, have authorized for this purpose, that is to say: the French Re- public, the citizen Alexander Berdiier, general in chief; and hisC. M. don Mariano Luis de Urquijo, Chevalier of tlie Order of Charles III, and of St. John of Jerusalem, Counsellor of State, his Envoy Extraordinary and Pleni- potentiary nea'^ the Batavian Republick, and his provisional first Secretaiy of State; who, after having exchanged their powers, have agreed, saving the ra- tification, upon the following articles: ARTICLE I. The French Republick engages to procure for H. R. H. the Infftnt Duke «f Parma an augmentation of territoiy which shall raise the population of his estates to one million of inhabitants with t!>e title of King, and all the rights annexed to the royal dignity; and to this effect the French Republick engages to obtain the consent of U. M. the Emperor and King, and of the otlier states interested, so that H. R. H. the Infant Duke of Parma may without opposition enter into possession of tlie said territories, at the time of the confirmation of peace between the French Republick and his Imperial Mojesty. ARTICLE II. The augmentation to he given to H R. H. the Duke of Parma may con- sist of Tuscany, in case the present negotiations of tlie French government, with H. I. Majesty shall permit them to dispose of that country, or of the three Roman ecclesiastical provinces, or any other continental provinces of Italy, ihat may form a rounded estate. ARTICLE III. H. C. M. promises and engages on his part to recede to the French Re- publick, six months after the full and entire execution of the conditions and sti- pulations herein expressed, relative to H B^.- H. tlie Duke of Pai'ma, the co- lony or province of Louisiana, tvith the same exthit that it notv has in the •lands nf Spain, and had while in the possesswn of France, and svch n.i it 15^ ought to be in conformitij ivith the treaties subsequently concluded between Spain and other states. ARTICLE IV. H, C. M. will give the necessaiy orders for the occupation of Louisiana by France, the moment the estates designed for his aggrandizement shall be placed in the hands of H. R. H. the Duke of Parma. The French rnay, ac- cording to its convenience, defer the taking possession; and when this is to be done, the states directly or indirectly interested shall agree upon the ulterior conditions Avhich their common interests and that of their inhabitants may demand. ARTICLB V. H. C. M. engages to deliver to the French Republick in the ports of Spain in Europe, one month after the execution of the stipulation with re- gard to the Duke of Parma, six ships of war in good condition, of seventy four guns, armed and equipped, and in a state to receive the French crews and sup- plies. ARTICLE VI. The stipulations of the present treaty having no prejudicial object; but on the contrary preserving untouched the rights of every one, it is not to be presumed, they can excite the suspicions of any power. But if the contrary sJioald happen, and the result of their execution should be that the two states are attacked oi* threatened, both powers engage to make a common cause, as •well to repel aggression, as also to take those conciliatory measures proper to maintain peace with r.ll their neighbours. ARTICLE VII. The obligations contfiined in the present treaty, in nothing annul those which are expressed in the treaty of alliance signed at St. Ildefonso, on the 2d Fructidor, year 4, (I8lh of August, 1796;) on the contrary I hey unite with new ties the interests of the two powers, and confirm the stipulations of the treaty of alliance in all the cases to which they can be applied. ARIICLE \TII. The ratifications of the present preliminary articles shall be completed and exchanged in the period of one month, or sooner if possible, counting from the date of the signing of tiie present treaty. In iaith of which, we, the undersigned, ministers plenipotentiary of the French Republick, and ofH. C. M. by viitue of our rt speciive powers, have signed the present prf-liinuHrj ariicles.aa;i have affixrdour seals. Done at St. Ildefonso, the 9th V'endinii. ire, 9th year of the French Repubifck, (].st October. 1800.; (Signed) ALEXANDER BERTHIER, (Signed) ^ «|k MARIANO LUIS DE URQUIJO. 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