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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
 
 
 
 
 

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TO JAMES MONROE.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

TO JAMES MONROE.

D. OF S. MSS. MISCL. LETS.

Dear Sir Herewith are the papers recd. from
Mr. Hughs. He seems to have been no wise sparing
of diplomatic politeness to the Spanish Govr. You
will of course express the satisfaction afforded by


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the successful execution of his commission in reference
to our Captive Citizens with an approbation
of the interest taken in behalf of the English &
French captives, and forward the documents to
Mr. Erving,[108] with instructions to press at Madrid
the restitution of the Ama. property refused to
Mr. Hughs. If the Spanish authorities had had [sic]
taken the ground that the property was forfeited
by the aid and comfort it afforded to rebels, it would
have involved the discussion commenced with Mr.
Onis, and have avoided the inconsistency now
added to their injustice. In resting the seizure on the
alleged Blockade, which was a spurious one, and
substituting a decoy, for the warning, required by
the L. of N. to neutrals, they have disarmed themselves
of every plea, or rather have armed us with
every plea agst. them.

You will find herewith also the 2 letters from
Mr. Onis.[109] His complaint of expeditions from our
ports agst. Spanish commerce, are entitled to the
ordinary answer. His conciliatory remarks introducing
them, are too guarded to mean much that
is favorable, if they do not cover a disposition to
thwart some of our demands on Spain. It appears
from his final paragraph that his participation in the
transactions relating to Louisiana, is to be produced


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as testimony agst. us. Will it not be well, in forwarding
the correspondence to Mr. Erving to furnish him with
the facts of an opposite tendency which fall within
your personal knowledge.[110] Great stress will doubtless
be laid by the Spanish Govt. on the principle
asserted by Onis, that France & Spain alone who
were parties to the Treaties, can interpret the
respective intentions recorded in them. To this
must be opposed the meaning deducible by the
legal rules of interpretation, and the fact that the
U. S. were bona fide purchasers without notice
of any other interpretation, altho' Spain was not
ignorant of our views, of purchasing, and even
referred us to France as alone having the right to
sell.—The second letter of Onis shows adroitness;
but it does not clear his Govt. from the charge of not
proceeding at Algiers in the spirit we were authorized
to expect. If However Algiers obtained the Brig,
without redeeming it from Spain no pretext remains
for a demand on the U. S.

Cordial regards
 
[108]

George W. Erving, of Massachusetts was commissioned as Minister
to Spain August 10, 1814, but the Spanish government refused to receive
him until the spring of 1816.

[109]

On July 3 Onis wrote to the State Department remonstrating
against the arming of certain vessels against Spanish commerce in
the United States.—D. of S. MSS. Notes.

[110]

The argument of the United States was put forward by Monroe
June 10, 1816, in a long note to Onis.—See Am. State Papers, For.
Rels.
, Vol. IV., 429.