States, through whose channel it was hoped that this Government would become fully acquainted with them.

The horrible assassinations committed by the orders of the sanguinary Spanish Generals Boves, Morales, and Morillo, and perpetrated by armed Slaves, with a view to exterminate the Whites of Venezuela, obliged a number of Persons to take refuge in Carthagena, from which the Constituted Authorities, together with upwards of 3,000 Individuals, of all ages and sexes, were finally driven, by famine, pestilence, and a bloody warfare, and forced to seek an asylum in the West Indies and The United States, to escape the cruelties of the modern Duke of Alva, Pablo Morillo. These Fugitives, inspired by the love of liberty, and animated by the resolution infused by adversity, formed the project of snatching the Province of Florida from the gripe of their Enemy, as it presented considerable advantages for supporting the cause of Southern Independence, and affording an asylum to the unfortunate Emigrants from Venezuela and New Granada, who were perishing with hunger in the West Indies, in August, 1816.

In consequence of the arrival of General Mina from England, with arms and supplies of all kinds, of General Toledo from New Orleans, and the interception of a Despatch from Don José Fuertes, the enter prize against the Floridas was decided on, under the cominand of those 2 Generals, and a regular plan formed for conducting it. General Mina sailed from Baltimore for Port au Prince in September, 1816, where he was to be joined by Toledo, for the purpose of making two simultaneous attacks. The damages sustained by Mina's Vessels in consequence of a hurricane, and the base and unexpected defection of General Toledo, frustrated, for the time, the projected attack, but it was never abandoned by General Mina.

As the desertion of Toledo could not fail to produce fatal consequences to the cause of South America, it was the duty of the American Agents to watch all the movements of the Spanish Ministry with the greater vigilance. By such an event, he at once obtained the knowledge of important secrets, which would probably affect his policy and conduct towards The United States. That it did so, appears by his Conferences and official Correspondence with the Secretary of State at that period. The Letters addressed by the latter, on the 6th and 10th January, 1817, to the Chairman of the Committee on Foreign Affairs, on the necessity of a new Law the better to preserve the Neutrality of The United States, and the Law consequently passed on the 3d March, evinced that the change in the policy of the Spanish Minister, was successful.

It was soon after known, that his Secretary was to proceed to Madrid with Despatches, and bring back the Answer of the Ministry.

The South American Agents, then at Philadelphia, readily anticipated, that the Act of the 3rd March and the Communications of the Spanish Minister to his Court, could not fail to facilitate, either apparently or really, the consent of his Government to the Sale or Cession of the Floridas to The United States; and foreseeing the injury that would result from such a state of things in that portion of the Spanish Territory to the emancipation of their Country, they found it necessary to hasten, or, as it were, to precipitate these measures; and on the 31st March, 1817, they issued a Commission in due form to Gregor McGregor, General of the Armies of the Independent States of New Granada and Venezuela, &c., observing due respect to the Neutrality of The United States, to occupy by force of Arms the Island of Amelia, being part of the Dominions of the King of Spain, and in possession of the Spanish Authorities, in the name of the New Independent Governments of South America, and all the Floridas, if his force and means proved adequate.

I have the honor to annex a Copy of the Commission granted to the said General M'Gregor by the Deputies of the New Governments, together with an Official Letter from one of them. They doubtless recollected the conduct pursued by the illustrious Franklin in Europe, who granted Commissions and other Employments, even to Persons who had never been in The United States.

On the 30th July, 1817, General M'Gregor took possession of Amelia Island and Fernandina, in virtue of a Capitulation with the Spanish Commandant. The several Proclamations of the General clearly prove the principles which regulated his conduct. The good order he established, and his vigilance in preventing the violation of the Laws of The United States, or tolerating the smallest abuse, that could give any ground of dissatisfaction to Neighbors, with whom it was his wish to preserve the most perfect harmony and friendship, are well known. This state of things was unfortunately changed by means of a plot, formed by certain Individuals of The United States, destitute of resources and of every principle of morality, (although some of them had filled respectable places,) who arrived at Amelia in August, under the plausible pretext of aiding the cause of South American liberty; but with the fixed intention of introducing confusion and disorder; they attempted to destroy all order and subvert the lawful Authorities for the purpose of committing every sort of plunder, and making money in every way; in fact, the combinations of these people put an end to civil peace and military discipline, and obliged General M'Gregor to leave the Island. Following their inclinations, they, for a short time, usurped the authority in the most shameful manner, and in sight of the Forces of The United States, posted at St. Mary's, who remained tranquil spectators of the scene.

A Correspondence, intercepted on board a Spanish Vessel from

Tampico, in March last, determined Generals Mina and Aury to take possession of Sota la Marino, to facilitate the former in his attempt to penetrate into Mexico; in consequence, they proceeded from Galveston, on the 6th of April, with all their Naval and Military Force. General Aury after landing the Troops under Mina, proceeded to Matagorda, and in July, received advice of the capture of Amelia by General McGregor, to which place he directed his course, in order to co-operate with that Officer in the conquest of the Floridas, or in case he should not have already occupied them, to take them himself, with the Force under his command. He arrived at Amelia very shortly after the de. parture of the General, and found that Mr. Hubbard, the Ringleader and promoter of all the disorder and confusion, had, with other Adventurers and Speculators, usurped the authority, and that the Enemy had vigorously attacked the Post, which was on the point of being abandoned, for want of the necessary supplies. The Spaniards were immediately repulsed by the reinforcements under General Aury; the Patriots succeeded in maintaining their ground, by force, and Hubbard, who had prudently taken refuge at St. Mary's, immediately returned from the Territory of The United States to Fernandina. By the arrival of General Aury, his plan and Party were entirely disconcerted, as he had assumed the military command, and hoisted the Mexican Flag. In fine, these wretches, on seeing themselves thwarted in their projects formed the terrible plan of driving General Aury from the Island, as they had done M'Gregor, and to seize on his Vessels and Prizes. For this purpose, they seduced several Officers, and a great number of Sailors and others, from the States; they clandestinely removed the powder and military stores from the public Magazines, and deposited them in his house; and they finally took up arms to commence a Civil War, which would have cost much blood, if General Aury had not checked it in the bud, by his presence of mind, and decisive measures. Mr. Hubbard, on seeing his plans discovered, and all his means annihilated, unable to survive the keenness of his feelings, died under the agonies of his crimes.

It was easy to foresee, that these speculating Patriots, their Agents in The United States, and those of the Spanish Government, would heap the most improbable calumnies on General Aury, and his People, by attributing to them their own crimes, and the course they would have pursued, if the projects of Piracy and Slave Trade they had formed, had not been effectually checked. After Hubbard's death, they still attempted to bring on a Civil War, but this was cut short by the new Laws; and time afforded to establish a Government, which will serve as a model to other People, and which had scarcely existed 20 days, when it was dissolved by the occupation of Amelia, by the troops of The United States.

As some doubt appears to have existed, or been raised, on the

part of the Government of The United States, touching the public character of General Aury, your Excellency will permit me to refer to the Document I have the honor to transmit herewith. It will serve to show the injustice, with which this worthy Officer and distinguished Patriot, has been confounded with Pirates and Malefactors, in newspapers, private Letters, and other modes circulated through The United States. As a Citizen, I can assure your Excellency, that to his generosity and intrepidity, hundreds of unfortunates of all ages and sexes, at Carthagena and Venezuela, owe their existence, who were supported during the memorable siege of that Place and afterwards delivered from the cruelty of the bloody Morillo, by breaking the line, with 3 small Vessels of the Enemy's Squadron, composed of 35 Vessels of War, on the 6th December, 1815. Many Inhabitants of Fernandina, will also gratefully confirm his generous treatment of them, when, on being robbed by the Conspirators, General Aury gave orders that they should be supplied with daily rations.

In this state of things, when the Conquerors of Amelia looked for interruption only to the sole power at War with the Patriots, namely, Spain, appeared the Resolution of the Government of The United States, to seize on that very spot, of which they had indisputable possession. I will endeavor to make myself acquainted with the motives alleged for the justification of this measure.

According to the Message of the 2nd of December last, the principal one is the want or insufficiency of the Titles, by which this acquisition was annexed to the Territories of the New Republics of the South. But I may be permitted to declare, that according to the public rights of Nations, such an inquiry should be preceded by that of the competency of a Foreign Nation to scrutinize into such Titles. That the Republics of the South are at War with Spain, is a fact well known in these States; and that they ought to consider themselves, at least during the present dispute with the Mother Country, as real Powers, is likewise an unquestionable fact, and to be inferred from the Message. In such a case, the regular course always has been to respect the actual Possession by one of the Belligerents; and to its several Authorities exclusively belongs the right of taking cognizance of the conduct of its Subjects.

My reliance on this principle is strengthened by the consideration, that by this same Document the neutral conduct of The United States towards the revolted Colonies and Spain, is established; consequently, so soon as, by means of a Military Expedition or otherwise, whatever may be its Force, the standard of one of the Contending Parties has waved upon a Territory, the rights of Neutral Governments go no farther, than considering such Point as belonging to the Power by which it is occupied. A contrary doctrine would give rise to endless confusion, and be rendered still more inconsistent

by the diversified movements, attending a state of War. I conceive, therefore, that I may justly infer, that a portion of the Floridas, heretofore Spanish, being occupied by a Patriot Force, operating in the name of the Free States of the South and under their Flag, must be notorious to all; and that the declaration alone of their Generals, that they possess obedience to the Republics, and act with its Forces, ought to be satisfactory to Neutrals; and on the other hand, as has occurred in this case, if Ministers duly authorized, afford sufficient evidence, that they derive their powers from their Government, that single fact should exempt them from all suspicious and imputations as Adventurers.

A Negotiation between The United States and Spain, for the cession or purchase of the Floridas, does not destroy the validity of the Conquest, either of the whole or a part of them. Whilst a Spanish Possession has been unlawfully severed from the Crown of Ferdinand, remains subject to the operations of War, and may be occupied and dismembered from that Crown by the Patriots, let us suppose, that the Arms of the New Republics should invade Havana, or one of the Balearic Islands in the Mediterranean, and that The United States, to improve their trade or increase their power, should wish to acquire those Possessions by purchase or cession; in entertaining so vague a project, they could have no ground of complaint against the Patriots. The case is the same in respect to Florida, which not having actually passed under the Dominion of these States, they could suffer no loss of rights by the Conquest, and the more so, if, as is declared in the Message, it appears doubtful, whether Spain will consent to the proposal. As neither the Sale nor the Cession has taken place, so the case has not yet occurred, in which The United States can bring forward the Titles, which they can only acquire by that means,

What would be said, if another Nation, desirous of having the Floridas, should complain of The United States, for having acquired them of Spain, when it contemplated purchasing them? And what is to be said of Amelia, now held by The United States, neither by virtue of a donation from Spain, nor from the Patriots, the only Powers which have alternately been possessors of the Island, and that too in the midst of peace and friendship, and of that Neutrality, which had just been declared in the face of all Nations?

But without insisting on this conclusive consideration, one independent of general Laws recognized by all Nations, the special circumstances attending the plan of the occupation of the Floridas by the Patriots, effectually bar the pretensions formed on grounds of this

nature.

The Secretary of State, in his Letter of the 14th January, 1817, a period subsequent to the project of Generals Mina and Toledo, expressly shows the refusal of the Spanish Minister to accede to any agreement by which Spain would consent to alienate her rights, and