APPENDIX NO. I. ABSTRACT OF THE OBSERVATIONS ON THE BOUNDARY BETWEEN THE SPANISH SETTLEMENTS AND THE UNITED STATES, BY M. BARBE DE MARBOIS, FURNISHED BY HIM FOR THE PERUSAL OF THE MEMBERS OF CONGRESS, WHILST THE QUESTION WAS DEPENDING. THE King of France, though anxious to effect the triple alliance, yet thinking the pretensions on both sides exorbitant, did not choose to interfere in support of either; but directed his Ministers at Philaadelphia and Madrid to press the importance of mutual concessions. With this view, the former represented to Congress the necessity of concentrating the force against the common enemy, for want of which the events of the present campaign have proved inadequate to the exertions. The advantages of the alliance are obvious, in case of a negotiation for peace. It will be conducted with perfect harmony between the three allied powers. The Spaniards will be as much disposed as the French to support the just claims of the United States. They will not threaten to make a peace excluding them if the others shall be satisfied, on pretence that they are tied to France only, and had no motives to exhaust their resources for a people whose ambition prevented a treaty with a power on whom their safety depended. A continental war to be dreaded by France, as it depends on the death of two crowned heads, old and sickly, and is eighteen years since she was engaged in one. Hence the necessity of seeking a prompt peace by united efforts. Another advantage of an alliance arises from the impression an acknowledgment of Independence would make on other powers of Europe, and on England herself. The necessity of the alliance being shewn, the means of bringing it about are next to be considered; the observations on which are to be taken not as ministerial communications, but the private sentiments of one more impartially attached to the good of both parties, than acquainted with the pretensions of either. Spain claims the exclusive navigation of the Mississippi; and as much as I can guess, that part of the Continent which lies eastward of the Mississippi, formerly called the Orientalis Louisiana. On this head the following objections were suggested by the Committee to the French Minister in January last, when urging the necessity of satisfying Spain. Objection 1. The charters of the Southern States forbid such a claim. Answer. The transactions of a power with its own subjects not binding on another power unless communicated, acknowledged, and, in a case like the present, unless actual possession can be pleaded. Were it otherwise, perpetual contests would prevail among the Southern powers of Europe, as they have most of them granted such charters at sundry times to their subjects. The charters of the Colonies interfere with each other, most of them having disputes, not only with their neighbours, but with those at a distance-how then can they be a rule for another power?-How will it appear for the States, at the time they are requesting of Spain an acknowledgment of their independence, to apply to the very record which is the proof of their subjection? Is it not plain, that in such a case there is no other solid plea but actual occupation, or at least a former public manifest possession? The King of Spain, however, will not recur to these arguments: he will only say-these lands have been ceded eighteen years ago by France to Great Britain, (treaty of Paris, '63. Article 7.) not to the Colonies. If they become the property of any common enemy, I have a full right to make the conquest, and so I do. Objection 2d. The lands in question necessary to the safety and prosperity of the States. Answer. This is not certain. The case of Vermont, Kentucky, and some counties in Massachusetts, show the danger of such extensive territories. It is in vain to attempt to convince either party that their claims are against their interest, as they are the best judges of it. It rests, therefore, upon the respective possibility of making the conquest, and it may be left even to a partial judge to decide on this point. Objection 3. Spain would take advantage of the present situation of the United States to treat with them on unequal principles. Answer. This is the case in ninety-nine treaties out of one hundred-no such inequality-rather on the side of America-Spain will acknowledge her independence, and does not need hers to be soSpain will grant commercial, and very likely other, advantages, and cannot expect the same from America. The benefits she is to reap are not of such a positive nature. Objection 4th. If these demands were granted Spain might think herself entitled to the demand or conquest of Georgia, Penobscot, New York, &c. Answer. This objection is extravagant, and cannot be seriously made. The most explicit assurances on this point might at any time be obtained. Objection 5th. Such conduct in Spain neither generous nor liberal. Answer. The Spanish Ministry have probably ere this said to the French Ambassador that the conduct of the Americans is neither generous nor liberal. Objection 6th. A war, even a long war, preferable to such conditions. Answer. A patient extremely ill might as well say to his physician death is better than not to drink spirituous liquors, and other things not to be found on the island where he was. Objection 7th. The Spaniards would hereafter be the sacrifice of their own ambition. No unequal treaty can last long; the injured party will sooner or later break it. Answer. The cautiousness of Spain may be trusted to provide against this evil. She may, perhaps, upon better ground, suggest the same danger to the States. They will choose rather, however, to confine themselves to their right of conquest upon a country possessed by their enemy. Objection 8th. The territory cannot be given up without the previous consent of the interested States. Answer. As this argument is founded on the charters, if it be valid, it would prove that no treaty would be valid unless it secured to the States the lands as far as the South Sea. In this manner would reason a Minister of the Court of Spain, and it would seem no solid objection could be made to it. If any restrictions ought to be laid on these principles, they ought to be taken from the actual settlement of Americans on the territories claimed by the Spaniards. By settlement is meant, not temporary incursions of a few troops, but actual occupancy, supported by the exercise of jurisdiction, and by building houses, clearing and inhabiting the land, &c., without contradiction. Here an impartial mediator might find the line to be drawn between the contending parties. But I shall confine myself to represent to the friends of this case, that, in missing the present fair opportunity of obtaining solid and lasting advantages, to run after the shadow and a chimerical object, they expose themselves to the everlasting reproaches of their country. NO. II. See Page 448. ADDRESS TO THE STATES, BY THE UNITED STATES IN CONGRESS ASSEM BLED. The prospect which has for some time existed, and which is now happily realized, of a successful termination of the war, together with the critical exigencies of public affairs, have made it the duty of Congress to review and provide for the debts which the war has left upon the United States, and to look forward to the means of obviating dangers which may interrupt the harmony and tranquillity of the Confederacy. The result of their mature and solemn deliberations on these great objects is contained in their several recommendations of the eighteenth instant, herewith transmitted. Although these recommendations speak, themselves, the principles on which they are founded, as well as the ends which they propose, it will not be improper to enter into a few explanations and remarks, in order to place in a stronger view the necessity of complying with them. The first measure recommended is, effectual provision for the debts of the United States. The amount of these debts, as far as they can now be ascertained, is forty-two millions three hundred and seventyfive dollars. To discharge the principal of this aggregate debt at once, or in any short period, is evidently not within the compass of our resources; and even if it could be accomplished, the ease of the community would require that the debt itself should be left to a course of gradual extinguishment, and certain funds be provided for paying, in the meantime, the annual interest. The amount of the annual interest is computed to be two millions four hundred and fifteen thousand nine hundred and fifty-six dollars. Funds, therefore, which will certainly and punctually produce this annual sum at least, must be provided. In devising these funds, Congress did not overlook the mode of supplying the common treasury provided by the Articles of Confederation; but after the most respectful consideration of that mode, they were constrained to regard it as inadequate, and inapplicable to the form into which the public debt must be thrown. The delays and uncertainties incident to a revenue to be established and collected from time to time by thirteen independent authorities, are at first view irreconcilable with the punctuality essential in the discharge of the interest of a national debt. Our own experience, after making every allowance for transient impediments, has been a sufficient illustration of this truth. Some departure, therefore, in the recommendation of Congress, from the Federal Constitution, was unavoidable; but it |