I more con#picu>u?, from (tio consideration, that
[ .vour govern mtfnt has Inflexibly maintained the
unju and hostile attitude which it then assu
med, and hot* even added new injuries aud In
sults to those of which I have already complain*
ed. 1 refer* in this lutter remark, to the breaches
of the neutrality of Spain, which her govern
ment permitted, if it did not authorise* l>y Bri
tish troops, and British agents* in Florida, and
throuuh that provingo* with the Creeks and
other Indian tribes, In the late war with (Jreat
Britain, to tho great injury of tho United States.
It is under these circumstances that vou have
madetlte demands above recited, to which I will
now proceed to give a more ((articular reply.
Yon require tnat Spain shall be put into pos
session of West-Florida, as an net of justieet
before n discussion of tho right of the parties to
it is entered on.
It in known to your government, that the
United States claim bv cession, at a fair equi
valent, the province oi Louisiana, as it was held
by France prior to tho treaty of 170:1, extending
from the River I'erdido, on the eastern side of
the Mississippi, to tho Bravo, or (irnude,on the
western. To the wholes-territory within those
limit*-, the United States consider their right
established by well knowu facts, and the fair
interiiretatioii of treaties. In a like spirit mav
the United States demand the surrender of all
tlie territory above described; now- in the occu
pancy of Spain, as a condition to the commence
ment of uny negotiation for the adjustment of
diAerences. W'licii we consider how long vour
government has maintained what is deemed un
just possession ; more especially, when we re
collect thut the injuries hefor* received are still
unredressed, and that others have been since
rendered, there can be, it is presumed, but one
opinion, as to the treat moderation of this gov
ernment. in acquiescing ill it. But why restore
this province of Spain, if it is the intention of
your government, to make the title to it, in con
nection with other differences, a subject of ami
cable negotiation and arrangement ? May not
' such negotiation ho entered into, as u-ell while
it is in the occupancy of the United States, as
if it were in that of Spain ?
Vou demand next, that Mr. Toledoand others,
whoi \ cm mention, charged with promoting re
volt in the Spanish provinces, and exciting citi
zens of the United States to join in it, shall be
arrested and tried ? their troops disarmed and
dispersed.
Vmt intimate that troops am levying in Ken
tucky. Tennessee, Louisiana anil Georgia, for
the invasion of the Spanish provinces, of whom I
one thousand are from Kentucky, and three
htimlicd from Tennessee, to he commanded by
American citizens : Imt you do not state at what j
points these men are collected, or by whom com
manded j and ft.1 to the forces said to be rained
in Louisiana and Georgia, vmir communication
m still more indefinite. '1'he information recent
ly obtained by this department, from persons of
high consideration, is of a very different charac
ter. It is stated that no men are collected, nor
is there any evidence of on Attempt or design to
collect any" in Kentucky* Tennessee or Georgia
for the purpose stated j'and that the forco said
to be assembled under Mr. Toledo is very In
considerable and composed principally of Span
lards and Frenchmen. If any portion of it con
sists of citizens of the U. States their conduct
is unauthorized, and Illegal. This force Is not
within the settled parts of I?ouislan?, but ill the
wilderness, between the settlements of the U.
States fit Spain, beyond the actual operation of
our laws. I have to request, that you will have
the goodness to state at what points in Kentucky,
Tennessee, Georgia, and Louisiana, any force
is collected, the number in each instance, and
bv whom commanded. If such force is collect
ed, or collccting, within the United Statew, fori
the purpose suggested, or other illegal purpose, |
it will be dispersed, and the parties prosecuted,
according to law.
Thii govelftment is under no obligation, nor
has it tho power, by nny law or treaty *
render an InhabiUIn of Spain or th<
provinces, on tho demand of the gove
Spain ; nor is any such inhabitant punt
the laws of tho United State* for acts <h F,:,
beyond their jurisdiction, the case of pirfctei w
lone excepted. This is a fundamental law of
our system. It is not however confined to its.
It is 'believed to be the law of it|l civilized
nations, where not particularly varied by trea
ties.
In reply to your third demand, the oxclusion
of the flag of the revolting provinces,! have to ob
serve, that in consequence of the unsettled Mate
oi many countries, and repeated changes of the
ruling authority in each, there being, at the same
time, several rout peti tors, and each party bear
ing its appropriate flap, the President thought it
proper, some time past, to give orders to the
? ollector*, not to make the Oat; of any vessel a
' riterion or condition of its admission into the
ports of the United States. Having taken no
partin the differences & convulsions which have
disturbed those countries, it is consistent with
i he just principles, o < it is with the interests of
the 'United States to receive the- vessels of all
?'ountries into their ports, to whatever party be
longing, and under whatever flag sailing, pirates
excepted, requiring of them only payment of
( he duties ami nhetlience to laws while under
their jurisdiction, without adverting to the
question, whether they had committed nny vio*
I miou of the ftlle^iftnco or laws obligatory on the
them in tho countries t<f which they belonged*
either in assuming such (lag, or in any other res
pect. ' J
In the differences which have subsisted be
tween Spain and her colonies, thovnittil States
have ob served nil proper respect to their friend
Iv relations w ith Spam. They took no measure
? .Knd'sinnify themselves for losses and injuries,
none to guard ftpain^t the occupancy of the Span
ish territory by the British force* ill the latowsr.
or to o'Tnpv the territory to which tho United
States consider their title good, except lit the in
stance Wider circumstances which made their in
terposition ns much an act of Accommodation to
?'?o Spanish authority there, as of security to
ti'sinsMves. They have alto prohibited (heir
r.tif.eni from taking any ptirt in tho war, and
the inhabitant* of the colonic!* anil other for*
oigners coiinccted with thcm? from recruiting
men in tho U. Stated lor that purpose. The
proclamations which have becu issued by the
governors of some of tho states and territories*
ut tho instance of the President, and tlie procla
mation lately issued by the 1'rcsideut himself are
not uuknown to your government. This con
duct under such circumstances* and at such a
time, is of a character too markcd'toiMHnistakcii
by tho impartial world.
What will be tho final result of the civil war,
which prevails between Spain and tho Spanish
provinces in America, is beyond the reach of
numan foresight. It has already existed many
years, and with various success, sometimes one
party prevailing, and then tho other. In some
of the provinces, the success of the revolution
ists appears to have given to their cause nure
stability than in others! All that your govern
ment had a right to claim of the United (States,
Wits, that they should not interlero in the con*
test, or nromotCt by any active service, the suc
cess of tlie revolution, admitting that they con
tinued to overlook tho injuries received from
Spain, and remained at peace. This right was
common to tlie colonic*. With equal justice
might they claim, that we should not interfere
to their disadvantage ; that our ports should re.
main open, to both parties, aB they were before
the commencement of tlie struggle I that our |Aas
regulating commerce with foreign nations shou Id
not be changed to their injury. On these prin
ciples the United States have* acted.
So much 1 have thought proper to state, res
pecting the rclationn existing between tho Uni
ted Stute? and Spain. The restoration of the
diplomatic tntcrcour?o between our governments,
form* an epoch which cannot fail to be important
to both nations. If it does not produce a result
favorable to their future friemlsliip and good un
derstanding, to vour government will the failure
be imputable. 'Hie United States have at all
times been willing to settle their differences on
just principles and conditions, and they still arc.
Of this 1 informed you in my letter of the 5th
of May, as I likewise did Mr. Cevailos, in a
letter of the 17th of July. It will be very satin
factory to the President to find that your govern
ment entertains now the same disposition, and
has given you full power to conclude a treaty for
these purposes.
I have the honor to be, &c.
JAMKS MONROE.
FOHKION.
MA USUAL 8UULT.
Extract /i-orii hit wmoriul in jmtiJSriitlon of
It rcmaiiiH for me to givo an account of iny
conduct i'rom the* 1 tth oi* Ma)', to tlio date of
the ordinance which supposes me culpable. The
facts in that period are neither numerous nor
susceptible or controversy.
I wan appointed major-general of the armiea t
I obeyed. In that character I signed an order
of the day, addressed to the soldiers, which was
the work of the government which I obeyed, I
fought the iVusstans and English at Fleurus and
Waterloo. lfthcHc are crimes, l am guilty.? *
But 1 venture to persuade myself, that there
was nothing criminal in my conduct) and to be
convinced of this, it seems to me thai It would
he sufficient to examine that conduct ivithout
prejudice, and without detaching one's self from
the circumstances in which France was then
placed*
His Majesty had for a long time been remov
ed from his kingdom* That retreat, whicfigil*
way t. appeared to me contrary to tho tru* inte
rest of the King, had damped the cqtirago of the
royalists.* The capitulation of the Dttke of
Aiigoulcme deprived them of their last hope.
The acts of resistance were every where suc
ceeded by acts of submission, A great number
of Frenchmen, doubtless, regrfcl ted their legiti
mate King* and beheld the new sovereign with
terror, but all yielded t& the imperious law
of necessity All France submitted, and the
government of thft ltairfcir was established in
fact If there be an incontestililc point, this Is
ifrithftutcontradjctionono.
Things were in this slate when the invasion
of the foreign powers became imminent. Nu
merous Prussians, English and Austrian batta
lions had already raised on our frontiers the cry
of hatred and vengeance. The foreign cabincts
at first declared that they only took up arms to
re-establish the dypasty of the Bourbons on the
throne, but they soon retracted that solemn en
gagementy by a new, declaration j and besides,
lias the sctjuol proved that these promise* ought
to have inspired a blind confidence ? At the ap
proachof Oils torrent, composed of numerous
nations, which had long been conquered and
trampled upon by Our armies, and amidst which
there did not appear a single Frenchman, the
only prospect which seemcil to present itself to
the citizens of all opinions, waa the ruin of
France, should she be reduced to sec her plains
inundated, and her strong places seized by a
million of foreigners, impelled by so many mo
tives to her destruction. Surrounded by my fa
mily, and my friends, I lamented the situation
of my country, when I learned iny nomination
to the place of major-generaf, and received or
ders to join tho army immediately. I obeyed*?
[ not as a creature of Bonaparte would have done.
Jin defence of a power whence he had received
ir expected fortune. It is well known to the
Sole army that I had always reason to com
in of that man) and though 1 served him
ih fidelity, no one more sincerely detested his
tyranny. I obeyed-? not as an enemy of the
Iting would have done. I had received from
htm only marks of esteem and confidence t and
I km incapable of being unKratcful. But as a ci
tizen, as a soldier, I obeyed him who was then
at the head of the government. My heart may
have deceived me | but It told me that a French
marshal cbuld not allow his sword to remain in
the scabbard when the whole army was taking
? Count !)? Bulges, with whom.* few days hefote the
departure of the Count,! cdnverrtd Mvent lime* on the
?ui)J?t of the rourne whithtlie kitijc ought to puisne in
?heelreum?Unce* in which lie wm pi*rcd, ran mseri,
whether. In expressing my opinion, I did not say the
?me thing to him that mirshnl Diron wrote to Ilcnn
(V. in a situation nearly similar
up arraa fur the defer.ee of tl*c country, itista
r y does not censuro admiral lllako, who while
commanding tho English fleet, under another
usurper, wIiohc power he also detested. did not
the teas valiantly combat in support of the glo*
r y and freedom of his country. Ho consecrat
ed theso words, in which he addressed his sai
lors-?' M It is our duty to fight for our country,
into whatever hands tho government nmy fall."
lint why seek abroad for examples ? During
tho first years of tho revolution, whon France,
tho victim of the mutt ferocious usurpers, Ian*
guished under a government abhorred by the
good citizens and acknowledged by all foreign
powers, did public opinion fix a stain upon the
names of tho.^n brave men who liasteiieu* at the
"all of the chiefs of the Stato to sacrifico their
lives in repelling the enemies of their country ?
Was it not in speaking of these times, so pain
ful in recollection, that history has already said,
French honor took rrfugc in the camit . If sub
mission to the government established in France
after the COth of March be regarded as a crime,
let it bo recollccted that the whole nation must
be guilty, for small Indeed is the number of those
who left tho country to place themselves out of
I the power of the usurper. This theory would
involve in if another consequence of a very cv
traordinnry nature. According to it, the estab
lishment by force of un illeuitimato authority
must causo the total destruction of a people-?
The usurper would not fail to punish those who
should refuse to submit to him, wnile the legiti
mate prince in his turn, would strike those who
had submitted to tho usurpation. The English
legislature, foreseeing this violent situation, pro
vided for the public safety by a statute |ias*cd
in the reign of Henry VII. which declares that
no one shall be held guilty for, obeying n sove
reign actually reigning. Thia law, according to
publicists, is founded on these considerations :
I'hat a IVince who is reduced by force to leave
his state* cannot exact obedience whiltthe is un
able to afford protection j that'll belongs not to
individuals, possessing no authority, to discuss
tho title of sovereigns ; and that the most mani
fest usurpation not less imposes the necessity
of obedience than the most legitimate authority.
Hut why should I say more to prove that in
such a case, the citizen who submits to tho exist
ing authority, is justified by the circutnstanes ?
was not this rule, so necessary for the repose of
States, fully acknowledged and consccrutcd by
hi" Majesty at tho moment of his entering Inn
kingdom ? Do we not read in his proclamation
of tho 28th of Juiio, that he regarded no French
man inexcusable except tho instigators and au
thors of the horrible conspiracy, which had forced
him to leave Fiance j but thatne wished to throw
a veil over all that passed from the day of his
leaving Lisle until that of Ma entering Cambrai,
A stranger, as all my conduct proves, to the
P.** tL? ftUth?r* of which the King has thought
himself bound to pvnJih* and not having served
under the illegitpiijfe government, except du
ring the interval Wiped between the two epoch!
I be t
nocente and the Kiu^'* Wov3 f *
What then, is the <Vn elfi&ltt *
against me all the wrath of his
tils letter of the iBtli excuses the involuntary er
rors in which I* participated during that inter
val with so great a number of Frenchmen ? Can
it bo my conduct since that proclamation w hich
j^? rendered we un worthy of the benofit it guar
antees? no that is ipippssihlo ; for that conduct
as tlio army and tho capital can attest, was such
as, of itaolf perhaps, ought to sufllco to locover
for me all the favor of my sovereign,
Can the ministers have neglected to inform
his majesty, that before the 38th of June, and
from the moment that the abdication of Ifona
Prte permitted mc ojHjnly to express my wishes,
neglected no effort, avoided no danger in en
deavorfng to recal the Jroops, the citi/.ens, and
thq different authorities of tlio 8tute to our legi
timate Princes ? While men's minds, and nil
the fictions were agitated with the question on
what head the Crown of Fran.ce, regarded aa
vacant, should be placed* was I found to hesitate
a moment ,n rec^liiiur and proclaiming the
right of the Hourbens ?? I>i?l I not, in this cham
ber of peers* before the provisions! commission
of government, in the presence of all the gene*
rali of the ajrmy assembled in a council ?? war
to deliberate on the defence of Paris ? Is if ne
cessary that I should state, that my xeal and
frankness In maintaining that the honor of France
depended on a prompt submission to the king,
rendered me suspected by the government, and
?????! mJ recal from tne army, thfe command
of which was entrusted to Count Grouchy ?
Doubtless, I never thought of demanding from
the court the rcwifrd of this conduct* I believ
ed I was fulfilling my duty. It was my country
I considered myself defending, IJiit though "l
was far from lowing for anv recompencc, ought
I to have expected that an the reward of niy fccal
and devoted uess to tho cause of the king, his
ministers would class me with those who nave
been signalized as the most criminal or the most
dangerous of his subjects ? Is it because I, tal
most alone, had tho courage, in those moments
of difficulty, to recal toherdutv Fiance, then
re-becomo free to follow it, that my name has
been placed at the head of the list of tin* pro
scrilied ? '
The morn f rcflcct on this Mriwge rciiutt, flic
more I compare it with my conditet and the win.
dotii of the king, the more mujd f he confirmed
in the conviction, that the mind of his rttajenty
lias been deceived, that my conduct has not been
known to him * and ignorance or calumny can
atone have iiifttitutcd the prtocciw against mo.?
I may tiien hope, that h!a in^i**ly, on bein^r,
letter informed, will hiin^tf druigu to correct
tho fatal eri or of which! am the victim. For
thin, hi? know-ledge, hi* juntice, and hia bounty
are my KUnr..nteoK.
Hut were I no fortunate aa to And that hi*
Mnjenty, considering himnelf bound by a first
deteirnination, should not think fit to employ
hia own authority in repairing the injury he ha*
done me, and should entruat.to other*, than
himself, the examination and appreciation of my
conduct, there U at icaat one act of juatico
which doubtless I shall not solicit in vain. It i? ,
S[? be sent, without further delay, before tin;
udges destined to pronounce on my fate. 'iliis
act of lustico I shaft rcceivc as n benefit, since
it will furnish me with the surest means of pro v.
iug my innoccncc. This benefit is secured to
mo by the laws j and I cannot fecr tho being de
prived of a right so sacred, since it is from bin
majesty I claim it. Malevolence and ignorance
may obtain by surprize from the sovereigns a
serious charge against an irreproachable citi/.en ;
but to refuse the accused Ida means of justifica
tion > to condemn him without a hearing* would
tie an act of tyranny. I may then be tranquil.
To conclude, whatever may be the fate that
awaits me. I shall not be less the faithful sub
ject of the king, and admirer of his virtue*, or
less ready again to expose my life, on the first
signal, for my prince and niy country. The
sentiment of my love for them and iny dutv, is
too deeply routed in my heart for cither misfor
tune or injustice to alter it. It is long since I
took for my motto? Do your f/irfy, happen what
uiau. I never lost night of it in the midst of polit
ical storms, and my conscience telfs me I ought
to continue faithful to it*
SUMMARY.
The London Courier of Dec. 5 says* Foucho
will bo recalled from Dresden and put upon trial
for treason. The same paper adds that the
chamber of peers are disnoscd to attack all the
thembers of the late administration. A cliango
of Ministers Is atil! talked of (says a Paris pa
per) if tho law of amnesty be rejected.
The organization of the Itoyal guard proceeds
with ama/itig rapidity 1 4,000 have been already
cquip|H'd and ca/erned in Paris, and they ar?
cxpected to muster 10,000 strong before the I st.
January. General Vandamme is about to pub
lish a defence of his conduct. Religious orders
are about to be re-established in Piedmont sim
ilar to those which existed prior to the occupa
tion of that country by the French. There is a
talk that a great notional bank '* <0 be estab
lished in Paris, arid that paper nionev will ob
tain currency ? and so it may, but will it obtain
credit ? ? Loud, \mper.
The following is the list of Peers who voted
against the death 6f Marshal Nej ' The 1)uc
de Moiitomoreucy, Fontannes. Malleville, (>ou
vion, llertholet. (the celebrated chvmist,) Chaf
fcloup, Due de Mroglio, I. alio, Toll'enilal, Cour
ial, I'orcher de Itichebourge, Oollot, Le Noin U
Uochc, Lanjoinais, Klein, Mcrcior, Neiwind,
unci ('Indict. ? The following refused to vote,
declaring they were not sufficiently instruct
ed, in consequence of the Marshal's 'counsel bc-^
ing stopped in tho defence by the King's com
missioner*! Nicolia, Jlrigade, d'Ailgre, St. Su
y.anne, the Due de I hoiscul.
'Hie speech of the due de Itichelieu on declin
ing tho vote for tho death of Ney, docs him hon
ojyp-^i I was myself twico condemned to death
during the revolutionary torrent ) my consci
ence acnuitted me of guilt ; I felt that in a mo
ment or such agitation little reuard is paid to
justice J and what 1 then felt makes mo shudder
at the idea of pronouncing the judgment of death
on another, lime has none justice to mytno
tives and time may equally acquit .MarshalNoy.'
flftlilijiiiiisiisia^ depu. .
titf, charged with claiming on their behalf, frem
the diet, which is about opening at rankfert, an
equality of rights Jfcvith the other citizens;
hate accounts from China state that the dif
ferences existing between that country and
O rent Britain have been amicably adjusted. ,
The Wat jirloQ subscription!}, at the City of
London Tavern, amounted* en the flOth of "No
vember last, to *25,000 pounds sterling, nearly
1,0(KI,00(| of dollars. } 1
I<a(e arrivals represent Spain to l?e in an un
settled state, though ho at tempts at revolution
since the abortive one by Porlfer.
coNouttsft,
HOU?? Oi> IIKPRKSP.ST ATIVKH. ,
The whole o^iis'day's sTttlng waa occupied
by Mr. Randolph, in continuation of his speech
oil the state of the nation. If o did not conclude
before the committee rose, and the house ad
journed. 't
Katiirtliiy, tnnuiury 27
Mr. Randolph resumed his upeech on the re
venue sutyect, which he nnirilicd about 3 o'clock*
when the committee rose* and the house ad
journed.
Mon/t/ni, January 39.
Hie house resumed the consideration of the
motion to repeal the direct tax. Messrs. M'Kee,
i'arirt, and llopkinson, spoke in favor of this
motion, and Mr. Clay at length, against it. .
When they had concluded, on fhotion, the
resolution on the direct tax was ordered to lie
on the table. The house then proceeded to the
consideration of the resolution proposing thn
repeal of the act* laying duties on goods, wares*
merchandize, gold, silver and plated ware, jew
ellery and paste-work, manufactured within (ho
I'nitt'd Ktates j which was agreed to, and a bill
ordered to be reported.
Mr. Randolph submitted a resolution, derlnr
ing it expedient to reduce tho military establish
ment of the United Mtates.
Ti *?(/'!]/, January 30.
The house resumed the consideration of the
motion to repeat the Direct Tax.? -Messrs.
Wright and King, (of Mats.) advocated tlw
motion for ? repealof the Direct Tax, in speech
es of connitlcrable length. ? When thoy conclu
ded, tho hou*e adjourned.
II tihfihiy, January .11 .
The consideration of the motion to repeal the
Direct Tax law* was resumed?Messrs. IIosh
and Randolph advocating the motion, tk Messrs.
Calhoun and Rev nolds opposing it. The com
mittee rose, reported progress and asked leave
to sit again. ?
A message was received from the President,
.transmitting a report frftm tlie Secretary of
Htate, and sundry documents on' the transac
tions a? Dartmoor prison in April lilt* which
were ordered to bo printed. '