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country. The officers and troops of the neutral power forget the obligations incident to their neutral character; they stimulate the enemy to make war they furnish them with arms and munitions of war to carry it on they take an active part in other spects in their favor; they afford them asylum their retreat. The general obtaining victory pursues them to this post the gates which are shut against him he attacks and carries it, and rests on those acts for his justification The affair is then brought before his Government by the power whose post has been thus attacked and carried. If the Government whose officer made the attack had given order for it the officer would have merit in it. Heexercses kno discretion nor did he act on his responsible ty The merit of the service, if there be any in it, would not be his. This Is the ground on which this occurrence rests, as to his part will now look to the future.

 The foreign Government demands-was this your act or did you authorize t2 did not: it was the act of the general. He performed it for reasons deemed sufficient hmself and on his own responsi- bility demand then, the surrender of the posts, and his punishment. The evidence justifying the conduct of the American general, and proving the misconduct ofthose officers, will be embodied to be laid before the sovereign, as the ground on which their punishment will be expected.

 If the Executive refuse to evacuate the posts, e. pecially Pensacola itwould amount to declaration of war, to which it is incompetent. It would be a. cused of usurping the authority of Congress- and gt- ing deep and fatal wound to the constitution. Hy charging the offence on the officers of Spain. we take the ground which you have presented, and we look to you to support it. You must aid in procu- ing the documents necessary for this purpose Those which you sent by Mir Hambly were prepafed in too much haste and do not am satisfied, oJns- tice to the cause This must be attended to with out delay

 Should we hold the posts, it is impossible to cal culate all the consequences likely to result romit It is notimprobabe that would immediately follow. | ho a6 ta dpp plarp declared, the adventurers of Britain and dher coun- tries would, under the Spanish flag, privaeer on our | commerce. The immense revenue whrh we now receive would be much diminished, as would be the profits of our valuable productions Ih war would probably soon become general; and wedo not iore- see that we should have single power n Europe On our side Why risk these consequences The events which have occurred in both the Florilas show the incomp:tency of Spain to maintain Ter authority; | and the progress of the revolution in South America will require all her forces there. There IS much reason to presume that this act will firnlsh strong inducement to Spain to cede the territory, provided wesdo not wound too deeply her price by holding it. If hold the posts, her GOvernmtnt cannot treat with honor, which, by withdrawing the troops we afford her an opportunity to do. The manner in which we propose to act will exsulpae you from censurc, and promise to obtain all the advantages which you contemplated from tho measure, andpos- sbiy very soon. From different course no atyan-

 

 | great danger of extensive aud serious mJuries | l shall communicate to yGn in the conhdene m which iwrite this letter. copy of the answer which will be given to the Spanish minister, that yoi may see distinctly the ground on which we rest, m the expectation that you will give it all the support in your power. The answer will be drawn on view, and with attention to the general interests of our country, and its relations with other powers.

 | A charge, no doubt, will be made of beach of the Constitutions and to such charge, tr public feeling will be alive. It will be said that yu have ! taken all the power into your own hands, Dt from the executive alone. but likewise from Congress- The distinction which have made above, between the acts of the Government, refutes that cnarge.- This act as to the General will be right, if the facts which he rests made it matter of necessity, and they be well proved. There is no war; or beach ol the Constitution, unless the Government should fuse to give up the posts; in which event should Spain embargo our vessels, and war follow, the charge of such breach would be laid against the Co., vernment with great force. The last imputatlon to which would consent justly to expose myself IS that of infringing Constitution to the support of which, on pure principles my public life has been devoted. In this sentiment, am satisfied, you fully concu Your letters to the department were written in haste, under the pressure of fatigue and Infirmty, in spirit of conscious recttude; and in conse- quence, with less attention to some parts of their contents than would otherwise have been bestowed on them. The passage to which particularly a Jude, from memory, for have not the letter before me, is that in which you speak of incompetency oan imaginary boundary to protect us against the enemy being the ground on which you bottom all your nea sures. This is liable to the imputaon that you took the Spanish posts for that reason a measure ofex pediency, and not on the account of the misconduct of the Spanish officers The effect of this and such passages besides other objections to them, wouldbe to invalidate the ground on which you stand, and furnish weapons to adversares who would be glad t1. Secretary or myself, to correct those passages, it will be done with care, though, should yon have pies, as presume you have, you had better do it yourself.

 The policy of Europe respecting South America is not yet settled. A congress of the allied powers is to be held this year, November is spoken of) to de- eide this question. England proposes to restore the colonies to Spain with free trade and colonial gov ernments. Russia is less favorable, as are all the others w ehaye Russian document, written by order of the Emperor the bases of instructions to his Ministers at the several courts, speaking of the British proposition avorably, but stating that it must be considered and decided on by the allies and the result published, to produce moral effect on the colonies on the failure of which, force is spoken of The settlement of the dispute between Spain and Portugal is made preliminary. We partake in no councils whose object is not their complete ndepen- dence. Intimations have been given us that Spain is not unwilling, and is preparing for war with the Onted States, Tn the nope oi hidknS general, and uniting Europe against us aud her colonies, on the principle that she has no hope of saving them. Her pertinacious refusal to cede the Floridas to heretofore, though evidently her interest to do it, gives some coloring to the suggestions If we en- gage in war, it is of the greatest importance that our people be united, and. with that view, that Spain commence it; and, above all, that the Government be free from the charge of committing breach of the Constitution. hspe that you have recovered your health. You see that the state of the world is unsettled, and any future movement is likely to be directed against us. There may be very important occasions for your ser vices, which will be relied on. You must have the