receive the definitive voice of my country concerning it with
entire acquiescence and submission. The constitution of the
United States has vested the election in the people acting
by their regularly organized agents. That confidence which
the Constitution has reposed in the calm and deliberate
judgment of the people. In a matter always of deep interest
to them, I am assuredly not the man to deny them in the
bearing which once or twice in the course of my life it may
have upon myself. That falsehood of every description will
be Insinuated by some and asserted by others to deprive me
of that estimation in the minds of my fellow-citizens which
might incline them to honor me with their highest trust, Is
what I must and do expect, and is that of which I consider
my present experience as only an earnest of that which is to
come. Happy will It be for me. If from the test which my
character moral and political must abide. It may issue with a
2IO THE WRITINGS OF [1822
conscience void of offence and free from every essential
charge that can claim the sanction of truth.
I am etc.
TO BARON HYDE DE NEUVILLE
Department of State,
Washington, 22 February, 1822.
Sir:
In answer to your letter of the nth instant, enclosing the
report and protest of Pierre Dessu, which have been sub-
mitted to the consideration of the President of the United
States, I have the honor of informing you that the proper
inquiry will immediately be instituted into the circumstances
of the case, the result of which I shall have the honor of
communicating to you as soon as the same shall have been
received.
I have already stated to you that the government of the
United States has never asserted, but has invariably dis-
claimed the pretension of a right to authorize the search by
the officers of the United States in time of peace, of foreign
vessels upon the high seas, without their jurisdiction. Upon
this principle the Jeune Eugenie was at your request delivered
over to the consul of France at Boston. That vessel and
the three others, taken by Lieutenant Stockton on the coast
of Africa in the act of slave-trading, were captured by him
not as French, but as American vessels, fraudulently abusing,
as he supposed, the flag and the official documents of France,
in a traffic consigned to infamy by the voice of France as
well as of all other christain nations. It is but too well
known, that among the most common expedients of those
who still pursue that traffic is the substitution of false flags
1822] JOHN QUINCY ADAMS 211
and papers for those of their own country, under which
they are aware that they could not escape detection and
punishment. Lieutenant Stockton, meeting vessels of
American construction, of the property in which no evidence
of the transfer from American to French owners was ex-
hibited, vessels trading in slaves without attempting dis-
guise, yet wearing flags and producing papers bearing every
appearance of that fraud and falsehood, inseparable from
the prosecution of the trade, concluded [by a reasoning
inspired by his zeal for the service with which he was charged,
and by a sentiment of respect for France herself] ^ that they
could not be entitled to the true character of French vessels,
since they were thus openly engaged in a commerce rep-
robated by the laws of France.
Relying upon your assurance, and on the faith of the
documents transmitted with your letter of the sixth of
August, that these vessels [notwithstanding the circum-
stances in which they were found,] ^ were really and ex-
clusively the property of French subjects, a suggestion was,
by instruction from the President, made by the District
Attorney of the United States to the court, before which the
case of the Jeune Eugenie was regularly pending; and the
court, conformably to that suggestion, did adjudge that the
vessel should as you desired, be delivered up to the consul of
France, together with the evidence of her participation in the
slave-trade, that she might be sent for trial to the tribunals
of her own sovereign. Since which instructions have been
issued from the Department of the Navy to the officers of
the United States charged with the duty of carrying Into
effect the laws for the suppression of the slave-trade, to
forbear all examination or visitation of any vessel bearing a
flag of any other nation than that of this Union.
1 Words within brackets were struck out.
212 THE WRITINGS OF [1822
It is presumed that these measures will satisfy your
government, as well with regard to the causes of complaint
against Lieutenant Stockton, heretofore alleged, as to the
disclaimer by the United States of all pretension to a right
of search, in time of peace, of the vessels of any nations, not
having violated their laws. [The government of the United
States is fully sensible that no officer of theirs can by au-
thority from them assume to act as the High Justiciar of the
seas. To them it must suffice, if by their vigilance their own
flag shall no longer shield from punishment the dealers in
this abominable commerce; and if the audacity and notoriety
with which vessels exhibiting the standard, and persons
appealing successfully to the protection of the French
government, still consummate their transcendent wicked-
ness, in all its worst aggravations, should give countenance
to those groundless calumnies upon the intentions of France,
which you so justly repel, it yet remains to France alone, by
the efficacy of her own repressive measures, at once to silence
the voice of slander, and to redeem her flag from the pollu-
tion of this detested traffic] ^
I pray you, etc.
TO PIERRE DE POLETICA 2
Department of State,
Washington, 25 February, 1822.
Sir:
I have had the honor of receiving your note of the nth
inst. enclosing a printed copy of the regulations adopted
by the Russian-American company and sanctioned by his
1 Sentences within brackets were struck out.
*PoIetica had been in Washington, 1810-1812, as Secretary to the Russian
legation.
1822] JOHN QUINCY ADAMS 213
В«
Imperial Majesty, relating to the commerce of foreigners
In the waters bordering on the establishments of that com-
pany upon the northwest coast of America.^
1 am directed by the President of the United States to
inform you that he has seen with surprise in this edict the
assertion of a territorial claim on the part of Russia, extend-
ing to the 51st degree of north latitude on the continent; and
a regulation interdicting to all commercial vessels other
than Russian, upon the penalty of seizure and confiscation,
the approach upon the high seas within one hundred Italian
miles of the shores to which that claim Is made to apply.
[The relations of the United States with H. I. M. have
always been of the most friendly character, and It is the
earnest desire of this government to preserve them in that
state. It was expected, before any act which should define
the boundary between the territories of the United States
and Russia on this continent, that the same would have been
arranged by treaty between the parties. To exclude the
vessels of our citizens from the shore, beyond the ordinary
distance to which the territorial jurisdiction extends, has
excited still greater surprise.] ^
This ordinance affects so deeply the rights of the United
States and of their citizens, that I am Instructed to enquire
whether you are authorized to give explanations of the
grounds of right upon principles generally recognized by the
laws and usages of nations which can warrant the claims and
regulations contained in it.
I avail myself, etc. ^
^ See two dispatches from Nesselrode to Poletica, October 7, 1821, in American
Historical Review, XVIII, 329. The ukase, dated September 4/16, 1821, is in
American State Papers, Foreign Relations, IV. 857.
2 This paragraph, suggested by Monroe, is in his own language.
^ Nesselrode in his second despatch wrote: "Mais tout en preferant a cet egard
le mode le plus confidentiel et le plus amical possible, il nous semble que vous
214 THE WRITINGS OF [1822
TO PIERRE DE POLETICA
Department of State,
Washington, 30 March, 1822.
Sir:
I have had the honor of receiving your letter of the 28th
ulto., which has been submitted to the consideration of the
President of the United States.
From the deduction which it contains of the grounds upon
which the articles of regulation of the Russian-American
Company have now for the first time extended the claim of
Russia on the northwest coast of America, to the 51st degree
of north latitude, its only foundation appears to be the
existence of the small settlement of Novarchangelsk, situated
not on the American continent, but upon a small island, in
latitude 57. And the principle upon which you state that
this claim is now advanced is, that the 51st degree is equi-
distant from that settlement of Novarchangelsk and the
establishment of the United States at the mouth of Columbia
River. But from the same statement it appears that in the
year 1799, the limits prescribed by the Emperor Paul to the
pourriez neanmoins observer a Mr. Adams, avec la franchise que vous etes habitue
a faire presider a vos relations avec ce Ministre, que, du moment ou le gouverne-
ment americain s'est declare hors d'etat de surveiller les operations commerciales
de ses sujets, et de leur interdire nommement des entreprises qui blessent les in-
terets d'une Puissance etrangere quelconque, il a par la meme reconnu a celle-ci
le plein droit d'adopter les mesures les plus efficaces pour reprimer des entreprises
de ce genre, et de se garantir, fut-ce meme par des moyens coercitifs, contre des
prejudice reels."
On February 19 the Secretary of State, who had known of the ukase since De-
cember, had informed Stratford Canning of the official communication of the
document, and stating his principal objection to its claims, asked if any information
had been received from London. Canning could only reply that he had received
as yet no intimation from Londonderry on the subject.
1822] JOHN QUINCY ADAMS 215
Russian-American Company were fixed at the 55th degree
of latitude, and that in assuming now the latitude of 51 a
new pretension is asserted, to which no settlement made
since the year 1799 has given the color of a sanction.
This pretension is to be considered, not only with reference
to the question of territorial rights, but also to that prohibi-
tion to the vessels of other nations, including those of the
United States, to approach within one hundred Italian miles
of the coasts. From the period of the existence of the
United States as an independent nation, their vessels have
freely navigated those seas, and the right to navigate them
is a part of that independence.
With regard to the suggestion that the Russian govern-
ment might have justified the exercise of sovereignty over
the Pacific Ocean as a close sea, because it claims territory
both on the American and Asiatic shores, it may suffice to
say that the distance from shore to shore on this sea in
latitude 51 north is not less than ninety degrees of longitude,
or 4000 miles.
As little can the United States accede to the justice of the
reason assigned for the prohibition above-mentioned. The
right of the citizens of the United States to hold commerce
with the aboriginal nations of the northwest coast of Amer-
ica, without the territorial jurisdiction of other nations, even
in arms and ammunitions of war, is as clear and indisputable
as that of navigating the seas. That right has never been
exercised in a spirit unfriendly to Russia, and although
general complaints have occasionally been made on the
subject of this commerce by some of your predecessors, no
specific ground of charge has ever been alleged by them of
any transaction in which the United States were, by the
ordinary laws and usages of nations, bound either to restrain
or to punish. Had any such charge been made, it would
2i6 THE WRITINGS OF [1822
have received the most pointed attention of this government,
with the sincerest and firmest disposition, to perform every
act and obHgation of justice to yours, which could have been
required. I am commanded by the President of the United
States to assure you that this disposition will continue to be
entertained, together with the earnest desire that the most
harmonious relations between the two countries may be
preserved.
Relying upon the assurance in your note of similar dis-
positions reciprocally entertained by his Imperial Majesty
towards the United States, the President is persuaded that
the citizens of this Union will remain unmolested in the
prosecution of their lawful commerce, and that no effect will
be given to an interdiction manifestly incompatible with
their rights.
I am happy to renew, etc.
TO DON JOAQUIN DE ANDUAGA '
Department of State,
Washington, 6 April, 1822.
Sir:
Your letter of the 9th of March - was immediately after I
had the honor of receiving it laid before the President of the
^ Printed in American State Papers, Foreign Relations, V. 380.
2 On January 22, 1822, the House of Representatives requested the President to
lay before it such communications as it might have from the agents of the United
States in the revolting states, or from the agents of those states in the United
States, showing the political conditions of those governments, and the state of war
between them and Spain. The President replied by a message, March 8, stating
"that it merits the most profound consideration whether their right to the rank of
independent nations ... is not complete." Messages and Papers of the Presidents,
II. 116. On seeing the message in the National Intelligencer, Anduaga prepared a
i822] JOHN QUINCY ADAMS 217
United States, by whom it has been deliberately considered,
and by whose direction I am replying to it, to assure you of
the earnestness and sincerity with which the government
desires to entertain and to cultivate the most friendly rela-
tions with that of Spain.
This disposition has been manifested, not only by the
uniform course of the United States in their direct political
and commercial intercourse with Spain, but by the friendly
Interest which they have felt in the welfare of the Spanish
nation, and by the cordial sympathy with which they have
witnessed their spirit and energy, exerted in maintaining
their independence of all foreign control, and their right of
self-government.
In every question relating to the independence of a nation
two principles are involved, one of right, and the other of
fact; the former depending upon the determination of the
nation itself, and the latter resulting from the successful
execution of that determination. This right has been
recently exercised as well by the Spanish nation in Europe,
as by several of those countries in the American hemisphere,
which had for two or three centuries been connected as
colonies with Spain. In the conflicts which have attended
these revolutions, the United States have carefully abstained
from taking any part, respecting the right of the nations con-
protest dated March 9, which is printed in American State Papers, V. 379. Strat-
ford Canning wrote to Planta, April 3: "Government and citizens, one and all, are
very proud of the pending measure for acknowledging the independence of South
America, though it is quite clear that they are not disposed to incur any real risk
for the sake of this favorite object. Adams confessed to me that he regarded
Spain as a man under the pressure of a nightmare, longing to raise his arm, but
unable to stir a muscle. I had previously accosted him by saying, 'So, Mr. Adams,
you are going to make honest men of them?' 'Yes, Sir,' was his answer; 'we pro-
posed to your Government to join us some time ago, but they would not, and now
we shall see whether you will be content to follow us.' This was a cut in his old
style." Lane-Poole, Life of Stratford Canning, I. 309.
2i8 THE WRITINGS OF [1822
cerned in them to maintain or new organize their own
political constitutions, and observing, whereon it was a
contest by arms, the most impartial neutrality. But the
civil war, in which Spain was for some years involved with
the inhabitants of her colonies in America, has in substance
ceased to exist. Treaties equivalent to an acknowledgment
of independence have been concluded by the commanders
and viceroys of Spain herself, with the Republic of Colombia,
with Mexico, and with Peru; while in the provinces of La-
Plata and in Chile, no Spanish force has for several years
existed, to dispute the independence which the inhabitants of
those countries had declared [and which has already been
formally recognized by their immediate neighbor and ally of
Spain, the king of Portugal]. ^
Under these circumstances the government of the United
States far from consulting the dictates of a policy ques-
tionable in its morality, has yielded to an obligation of duty
of the highest order, by recognizing as independent states,
nations, which after deliberately asserting their right to that
character, have maintained and established it against all the
resistance which had been or could be brought to oppose it.
This recognition is neither intended to invalidate any right
of Spain, nor to affect the employment of any means which
she may yet be disposed or enabled to use, with the view of
reuniting those provinces to the rest of her dominions. It is
the mere acknowledgment of existing facts, with the view to
the regular establishment with the nations newly formed of
those relations, political and commercial, which it is the
moral obligation of civilized and Christian nations to enter- M
tain reciprocally with one another.
It will not be necessary to discuss with you a detail of
facts, upoti which your information appears to be materially
' The phrase in brackets was struck out.
1822] JOHN QUINCY ADAMS 219
different from that which has been communicated to this
government, and is of public notoriety; nor the propriety of
the denominations which you have attributed to the in-
habitants of the South American provinces. It is not
doubted that other and more correct views of the whole
subject will very shortly be taken by your government, and
that it, as well as the other European governments, show
that deference to the example of the United States, which
you urge it as the duty or the policy of the United States to
show to theirs. The effect of the example of one independent
nation upon the councils and measures of another, can be
just only so far as it is voluntary; and as the United States
desire that their example should be followed, so it is their
intention to follow that of others upon no other principle.
They confidently rely that the time is at hand when all the
governments of Europe friendly to Spain, and Spain herself,
will not only concur in the acknowledgment of the inde-
pendence of the American nations, but in the sentiment that
nothing will tend more effectually to the welfare and happi-
ness of Spain than the universal concurrence in that recogni-
tion.
I pray you, etc.
TO DON JOAQUIN DE ANDUAGA
Department of State,
Washington, 15 April, 1822.
Sir:
In the letters which I had the honor of writing you on the
2d of November and 31st of December last,^ you were
informed that a definitive answer to the complaints against
^ Printed in American State Papers, Foreign Relations, IV. 791.
220 THE WRITINGS OF [1822
certain proceedings of General Andrew Jackson, while
governor of Florida, which were contained In a letter to this
Department from Don Hllarlo de RIvas y Salmon before
your arrival in this country, and in your letters of the i8th
and 22d of November, would be given, after the substance
of those complaints should have been made known to General
Jackson, and his explanations of the motives and considera-
tions by which he had been governed In adopting the meas-
ures complained of should have been received.
In performing this province I am commanded by the
President of the United States to repeat the assurance of his
deep regret, that the transactions which formed the subject
of those complaints should ever have occurred, and his full
conviction, upon a review of all the circumstances which
have attended them, that they are attributable entirely to
the misconduct of the Governor and Captain General of
Cuba, and of the subordinate officers of Spain, in evading
and refusing the fulfilment of the most express and positive
stipulations of the treaty, both of evacuating the province
within six months from the exchange of the ratifications of
the treaty, and of delivering the archives and documents
relating directly to the property and sovereignty of the
provinces.
At the time of the exchange of the ratifications of the
treaty your predecessor, General Vives, delivered an order
from his Catholic Majesty to the Captain General and
Governor of the island of Cuba, and of the Floridas, informing
him of the cession to the United States of that part of the
provinces of which he was the governor, that was situated
on this continent, and Instructing him as follows:
I command you and ordain, that after the Information which
shall be seasonably given you by my minister plenipotentiary and
1
1822] JOHN QUINCY ADAMS 221
envoy extraordinary at Washington of the ratifications having been
exchanged, you proceed on your part to make the proper disposi-
tions, in order that, at the end of six months, counting from the
date of the exchange of the ratifications, or sooner, if possible, the
Spanish officers and troops may evacuate the territories of both
Floridas, and that possession of them be given to the officers or
commissioners of the United States, duly authorized to receive
them. . . . You shall arrange in proper time the delivery of the
islands adjacent and dependent upon the two Floridas, and the
public lots and squares, vacant lands, public edifices, fortifications,
barracks, and other buildings, which are not private property; as
also the archives and documents which relate directly to the
property and sovereignty of the same two provinces, by placing
them at the disposal of the commissaries or officers of the United
States, duly authorized to receive them.
This order, thus clear and explicit, was dispatched, to-
gether with letters from General Vives to the Governor of
Cuba and the Floridas, notifying him of the exchange of the
ratifications of the treaty, by Col. James G. Forbes, who
was commissioned "as agent and commissary of the United
States to deliver to him the royal order, to arrange and
concert with him, conformably to instructions committed
therewith, the execution of the above stipulations, and to
receive from the said governor, and from any and every
person possessed of the said archives and documents, all and
every one of the same, and to dispose thereof in the manner
prescribed by his instructions." Col. Forbes' authority thus
was to receive the documents and archives, and to concert and
arrange with the governor of the Floridas, the delivery of
those provinces, which General Jackson was commissioned
to receive, take possession of and occupy; and of which he
was further commissioned to be the governor, when sur-
rendered to the United States.
222 THE WRITINGS OF [1822
The royal order was delivered by Col. Forbes to the
governor of the Floridas at the Havanna on the 23d of
April, 1 82 1. There has been shown by that governor no
cause or reason which could justly have required him to
delay the delivery of the documents and archives, and the
arrangements for the delivery of the provinces, beyond the
term of a single week. There were twenty boxes of those
archives and documents, the whole, or with very few ex-
ceptions the whole of which ought, by the positive stipula-
tion of the treaty, and by the express order of the King of
Spain, to have been immediately delivered to Col. Forbes.
Not one of them was delivered to him; nor has one of them
been delivered to this day.
[On the most frivolous pretences] ^ the orders for the sur-
render of the provinces were delayed from day to day, not-
withstanding the urgent and continual solicitations of Col.
Forbes, for the term of six weeks; at the end of which, to
avoid further indefinite procrastination, he was compelled
to depart without receiving the archives and documents,
but with repeated promises of the governor that they should
be transmitted to this government, promises which have
remained to this day unperformed.
The orders for the delivery of the provinces themselves
were not only thus unreasonably withheld, but when made