Commodore Jones was concerned; but General Almonte now expresses his regret that he sees in that instruction no declaration that Commodore Jones will be exemplarily punished for the extraordinary act of excess committed by him, in violation of the faith of treaties, and in abuse of the hospitality with which the peaceable inhabitants of Monterey were prepared to receive him.

The undersigned has the honor to inform General Almonte, that, before the receipt of his note, the President had given directions for the adoption of such a course of proceeding toward Commodore Jones as, in his opinion, was due to the circumstances of the case, to the preservation of the principle and practice of absolute and entire abstinence, on the part of military power, from all aggression in time of peace, and especially due to the friendly relations at the present time happily subsisting between the United States and Mexico.

But General Almonte and his government must see that Commodore Jones intended no indignity to the government of Mexico, nor any thing unlawful toward her citizens. Unfortunately, he supposed, as he asserts, that a state of war actually existed, at the time, between the two countries. If this supposition had been well founded, all that he did would have been justifiable; so that, whatever of imprudence or impropriety he may be chargeable with, there is nothing to show that he intended any affront to the honor of the Mexican government, or to violate the relations of peace.

General Almonte is aware of some of the circumstances in which this belief of the actual existence of a state of hostilities probably might have had its origin. It is not deemed necessary now to advert to those circumstances, nor is it at present known to the government of the United States what other causes may have existed to strengthen this belief, or to make it general along the western shore of this Continent. In the clearly manifest absence of all illegal and improper intent, some allowance may be properly extended toward acts of indiscretion in a quarter so very remote, and in which correct information of distant events is not soon or easily obtained.

- If, in this transaction, citizens of Mexico have received any injury in their persons or property, the government of the United States will undoubtedly feel itself bound to make ample reparation; and the representations of General Almonte on that subject will receive the most respectful and immediate consideration.

Happily, no lives were lost; nor is it understood that any considerable injury was suffered by any one.

The undersigned is directed by the President to assure General Almonte and his government that the government of the

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United States will at all times be among the last to authorize or justify any aggression on the territory of a nation with whom it is at peace, or any indignity to its government. Sensibly alive to any indignity, if offered to itself, it is equally resolved to give no such cause of offense to its neighbors. And the undersigned is directed to assure General Almonte and his government of the pain and the surprise which the President experienced on receiving information of this transaction. Under these assurances, the President hopes that it may pass away without leaving in the mind of the government of Mexico any other feeling than that in which the government of the United States entirely partakes: a feeling of deep regret at what has happened, and a conviction that no such unfortunate and unauthorized occurrence ought in any degree to impair the amicable relations subsisting between the two countries, so evidently to the advantage of both.

The undersigned has been made acquainted with the communication addressed by the Mexican Secretary of State to the minister of the United States at Mexico, and with the answer of the latter gentleman to that communication.

The undersigned avails himself of this occasion to offer General Almonte renewed assurances of his most distinguished consideration. DANIEL WEBSTER.

General Don J. N. ALMONTE, &c.

RELATIONS WITH SPAIN.

SCHOONER "AMISTAD."

Message from the President of the United States, transmitting sundry Letters between the Department of State and the Chevalier d'Argaiz, on the Subject of the Schooner “Amistad," February 27th, 1842.

To the House of Representatives:

I TRANSMIT to Congress sundry letters which have passed between the Department of State and the Chevalier d'Argaïz, envoy extraordinary and minister plenipotentiary of Spain near the government of the United States, on the subject of the schooner "Amistad," since the last communication of papers connected with that case. This correspondence will show the general grounds on which the Spanish minister expresses dissatisfaction with the decision of the Supreme Court in that case, and the answers which have been made to his complaints by the Department of State.

In laying these papers before Congress, I think it proper to observe that the allowance of salvage on the cargo does not appear to have been a subject of discussion in the Supreme Court. Salvage had been denied in the court below, and from that part of the decree no appeal had been claimed.

The 9th article of the treaty between the United States and Spain provides that "all ships and merchandise, of what nature soever, which shall be rescued out of the hands of any pirates or robbers on the high seas, shall be brought into some port of either state, and shall be delivered to the custody of the officers of that port, in order to be taken care of, and restored entire to the true proprietor, as soon as due and sufficient proof shall be made concerning the property thereof." The case of the "Amistad," as was decided by the court, was not a case of piracy, and therefore not within the terms of the treaty. Yet it was a case in which the authority of the master, officers, and crew of the vessel had been divested by force, and in that condition the vessel, having been found on the coast, was brought into a port of the United States; and it may deserve consideration that the salvors in this case were the officers and seamen of a public ship.

It is left to Congress to consider, under these circumstances, whether, although, in strictness, salvage may have been lawfully due, it might not yet be wise to make provision to refund it, as a proof of the entire good faith of the government, and of its

disposition to fulfill all its treaty stipulations, to their full extent, under a fair and liberal construction. JOHN TYLER.

WASHINGTON, February 27, 1843.

The Chevalier d'Argaïz to Mr. Webster.-[TRANSLATION.]
WASHINGTON, April 5, 1841.

The Chevalier d'Argaïz had the honor to receive, with the Secretary of State's note of the 3d instant, copies of two letters received at his department relative to the slave Antonio. They contain some inaccuracies, which will not, however, be indicated, as they are of no importance.

The late Secretary of State, on learning the decision of the District Court of Connecticut, informed the Chevalier d'Argaïz that the slave Antonio was at his disposal, and the Chevalier d'Argaïz, in consequence, determined to bring him to his own house, until there should be a proper opportunity to send him to Havana; and, when about to carry this determination into effect, Mr. Forsyth informed him that the district attorney of Connecticut had declared that it would be necessary for the slave Antonio to remain in that state until the cause should be brought by appeal before the Circuit Court, on account of the great value of his evidence. To this the Chevalier d'Argaïz assented, and since that time he has heard nothing of the said negro.

Circumstances have, however, been entirely altered, by the decision of the Supreme Court; and, according to the information received by the Chevalier d'Argaïz, it is very probable that the negro will not reach Havana, if he should take upon himself the charge of sending him there. For which reason, he conceives that the government of the United States will be better able to insure his arrival at that island, where the consul of the Union may deliver him to his master.

The Chevalier d'Argaïz avails himself of this occasion to repeat to the Secretary of State the assurances of his high consideration.

Hon. DANIEL WEBSTER, Secretary of State.

The Chevalier d'Argaïz to Mr. Webster.-[TRANSLATION.] WASHINGTON, April 11, 1841. SIR,-Her majesty's vice-consul at Boston writes to me, under date of the 7th instant, as follows:

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"I have just received from the marshal of Connecticut a letter, of which this is a literal translation. Since my last letter to you, respecting the case of the negro Antonio, my conjectures have been realized, though in a different manner. At that time I supposed and feared that the self-styled friends of the Africans would solicit a writ of habeas corpus for his liberation; but they adopted another method. The jailer allowed

the boy to go about the house and assist in the labors of the kitchen and in waiting at table. The said friends availed themselves of every opportunity to preach to him about liberty, and at length induced him to go away; they placed him on board the steam-boat on Monday morning last, and he went to New York. I followed him to that city, where Lewis Tappan, the leader of the abolitionists, informed me that Antonio was in town, but that he would not be delivered to me, and that arrangements had been made for sending him elsewhere. I could not meet him myself. I regret this occurrence very much, and fear that he is beyond our reach. If, however, I should succeed in finding him any where, you shall receive immediate notice."

By the letters from Mr. Baldwin, of the 21st of March last, and from Mr. Andrew Judson, of the 26th of the same, which you were pleased to send me with your note of April 3d, it appeared that the negro Antonio persisted in desiring to return to Havana; from which it may be inferred that, in order to make him change that determination, seduction or deception must have been employed, perhaps by persons whom his declarations might have affected (comprometer); and I do not understand why the marshal of Connecticut, whom Lewis Tappan informed that the said negro was in the city, did not take any measures to engage the authorities of that place, either with the view to recover him or to have him placed on board a vessel for Havana.

In virtue of what is here stated, I have considered it my duty to make this communication to you, sir, having no doubt that you would take the necessary measures to have the slave Antonio restored to his owner.

I repeat to you, sir, the assurances of my distinguished consideration. P. A. D'ARGAÏZ.

Hon. DANIEL WEBSTER, Secretary of State.

Mr. Fletcher Webster to the Chevalier d'Argaïz.

DEPARTMENT OF STATE, Washington, May 3, 1841. SIR,-In the absence of the Secretary of State, I have the honor of replying to your note of the 11th of April last, relating to the negro Antonio. I have laid it before the President, and am directed by him to say, that he regrets very much the occurrence of any event that seems at all likely to defer or delay the final and satisfactory settlement of the affair of the "Amistad."

Inquiry will be immediately directed to be made by the proper officers in order to discover the slave Antonio; and I shall have much pleasure in communicating to you the earliest information received at the department of the success of such investigation.