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President[ James Monroe

         Date[ December 7, 1819

Fellow-Citizens of the Senate and House of Representatives:

The public buildings being advanced to a stage to afford accommodation for

Congress, I offer you my sincere congratulations on the recommencement of

your duties in the Capitol.

In bringing you to view the incidents most deserving attention which have

occurred since your last session, I regret to have to state that several of

our principal cities have suffered by sickness, that an unusual drought has

prevailed in the Middle and Western States, and that a derangement has been

felt in some of our moneyed institutions which has proportionably affected

their credit. I am happy, however, to have it in my power to assure you

that the health of our cities is now completely restored; that the produce

of the year, though less abundant than usual, will not only be amply

sufficient for home consumption, but afford a large surplus for the supply

of the wants of other nations, and that the derangement in the circulating

paper medium, by being left to those remedies which its obvious causes

suggested and the good sense and virtue of our fellow citizens supplied,

has diminished.

Having informed Congress, on the 27th of February last, that a treaty of

amity, settlement, and limits had been concluded in this city between the

United States and Spain, and ratified by the competent authorities of the

former, full confidence was entertained that it would have been ratified by

His Catholic Majesty with equal promptitude and a like earnest desire to

terminate on the conditions of that treaty the differences which had so

long existed between the two countries. Every view which the subject

admitted of was thought to have justified this conclusion.

Great losses had been sustained by citizens of the United States from

Spanish cruisers more than 20 years before, which had not been redressed.

These losses had been acknowledged and provided for by a treaty as far back

as the year 1802, which, although concluded at Madrid, was not then

ratified by the Government of Spain, nor since, until the last year, when

it was suspended by the late treaty, a more satisfactory provision to both

parties, as was presumed, having been made for them. Other differences had

arisen in this long interval, affecting their highest interests, which were

likewise provided for by this last treaty.

The treaty itself was formed on great consideration and a thorough

knowledge of all circumstances, the subject matter of every article having

been for years under discussion and repeated references having been made by

the minister of Spain to his Government on the points respecting which the

greatest difference of opinion prevailed. It was formed by a minister duly

authorized for the purpose, who had represented his Government in the

United States and been employed in this long-protracted negotiation

several years, and who, it is not denied, kept strictly within the letter

of his instructions. The faith of Spain was therefore pledged, under

circumstances of peculiar force and solemnity, for its ratification.

On the part of the United States this treaty was evidently acceded to in a

spirit of conciliation and concession. The indemnity for injuries and

losses so long before sustained, and now again acknowledged and provided

for, was to be paid by them without becoming a charge on the treasury of

Spain. For territory ceded by Spain other territory of great value, to

which our claim was believed to be well founded, was ceded by the United

States, and in a quarter more interesting to her. This cession was

nevertheless received as the means of indemnifying our citizens in a

considerable sum, the presumed amount of their losses.

Other considerations of great weight urged the cession of this territory by

Spain. It was surrounded by the Territories of the United States on every

side except on that of the ocean. Spain had lost her authority over it,

and, falling into the hands of adventurers connected with the savages, it

was made the means of unceasing annoyance and injury to our Union in many

of its most essential interests. By this cession, then, Spain ceded a

territory in reality of no value to her and obtained concessions of the

highest importance by the settlement of long-standing differences with the

United States affecting their respective claims and limits, and likewise

relieved herself from the obligation of a treaty relating to it which she

had failed to fulfill, and also from the responsibility incident to the

most flagrant and pernicious abuses of her rights where she could not

support her authority.

It being known that the treaty was formed under these circumstances, not a

doubt was entertained that His Catholic Majesty would have ratified it

without delay. I regret to have to state that this reasonable expectation

has been disappointed; that the treaty was not ratified within the time

stipulated and has not since been ratified. As it is important that the

nature and character of this unexpected occurrence should be distinctly

understood, I think it my duty to communicate to you all the facts and

circumstances in my possession relating to it.

Anxious to prevent all future disagreement with Spain by giving the most

prompt effect to the treaty which had been thus concluded, and particularly

by the establishment of a Government in Florida which should preserve order

there, the minister of the United States who had been recently appointed to

His Catholic Majesty, and to whom the ratification by his Government had

been committed to be exchanged for that of Spain, was instructed to

transmit the latter to the Department of State as soon as obtained, by a

public ship subjected to his order for the purpose.

Unexpected delay occurring in the ratification by Spain, he requested to be

informed of the cause. It was stated in reply that the great importance of

the subject, and a desire to obtain explanations on certain points which

were not specified, had produced the delay, and that an envoy would be

dispatched to the United States to obtain such explanations of this

Government. The minister of the United States offered to give full

explanation on any point on which it might be desired, which proposal was

declined. Having communicated this result to the Department of State in

August last, he was instructed, notwithstanding the disappointment and

surprise which it produced, to inform the Government of Spain that if the

treaty should be ratified and transmitted here at any time before the

meeting of Congress it would be received and have the same effect as if it

had been ratified in due time.

This order was executed, the authorized communication was made to the

Government of Spain, and by its answer, which has just been received, we

are officially made acquainted for the first time with the causes which

have prevented the ratification of the treaty by His Catholic Majesty. It

is alleged by the minister of Spain that his Government had attempted to

alter one of the principal articles of the treaty by a declaration which

the minister of the United States had been ordered to present when he

should deliver the ratification by his Government in exchange for that of

Spain, and of which he gave notice, explanatory of the sense in which that

article was understood. It is further alleged that this Government had

recently tolerated or protected an expedition from the United States

against the Province of Texas. These two imputed acts are stated as the

reasons which have induced His Catholic Majesty to withhold his

ratification from the treaty, to obtain explanations respecting which it is

repeated that an envoy would be forthwith dispatched to the United States.

How far these allegations will justify the conduct of the Government of

Spain will appear on a view of the following facts and the evidence which

supports them:

It will be seen by the documents transmitted herewith that the declaration

mentioned relates to a clause in the 8th article concerning certain grants

of land recently made by His Catholic Majesty in Florida, which it was

understood had conveyed all the lands which until then had been ungranted;

it was the intention of the parties to annul these latter grants, and that

clause was drawn for that express purpose and for none other. The date of

these grants was unknown, but it was understood to be posterior to that

inserted in the article; indeed, it must be obvious to all that if that

provision in the treaty had not the effect of annulling these grants, it

would be altogether nugatory. Immediately after the treaty was concluded

and ratified by this Government an intimation was received that these

grants were of anterior date to that fixed on by the treaty and that they

would not, of course, be affected by it. The mere possibility of such a

case, so inconsistent with the intention of the parties and the meaning of

the article, induced this Government to demand an explanation on the

subject, which was immediately granted, and which corresponds with this

statement.

With regard to the other act alleged, that this Government had tolerated

or protected an expedition against Texas, it is utterly without

foundation. Every discountenance has invariably been given to any such

attempt within the limits of the United States, as is fully evinced by the

acts of the Government and the proceedings of the courts. There being

cause, however, to apprehend, in the course of the last summer, that some

adventurers entertained views of the kind suggested, the attention of the

constituted authorities in that quarter was immediately drawn to them,

and it is known that the project, whatever it might be, has utterly

failed.

These facts will, it is presumed, satisfy every impartial mind that the

Government of Spain had no justifiable cause for declining to ratify the

treaty. A treaty concluded in conformity with instructions is obligatory,

in good faith, in all its stipulations, according to the true intent and

meaning of the parties. Each party is bound to ratify it. If either could

set it aside without the consent of the other, there would be no longer any

rules applicable to such transactions between nations.

By this proceeding the Government of Spain has rendered to the United

States a new and very serious injury. It has been stated that a minister

would be sent to ask certain explanations of this Government; but if such

were desired, why were they not asked within the time limited for the

ratification?

Is it contemplated to open a new negotiation respecting any of the articles

or conditions of the treaty? If that were done, to what consequences might

it not lead? At what time and in what manner would a new negotiation

terminate? By this proceeding Spain has formed a relation between the two

countries which will justify any measures on the part of the United States

which a strong sense of injury and a proper regard for the rights and

interests of the nation may dictate.

In the course to be pursued these objects should be constantly held in view

and have their due weight. Our national honor must be maintained, and a new

and a distinguished proof be afforded of that regard for justice and

moderation which has invariably governed the councils of this free people.

It must be obvious to all that if the United States had been desirous of

making conquests, or had been even willing to aggrandize themselves in that

way, they could have had no inducement to form this treaty. They would have

much cause for gratulation at the course which has been pursued by Spain.

An ample field for ambition is open before them, but such a career is not

consistent with the principles of their Government nor the interests of the

nation.

From a full view of all circumstances, it is submitted to the consideration

of Congress whether it will not be proper for the United States to carry

the conditions of the treaty into effect in the same manner as if it had

been ratified by Spain, claiming on their part all its advantages and

yielding to Spain those secured to her. By pursuing this course we shall

rest on the sacred ground of right, sanctioned in the most solemn manner by

Spain herself by a treaty which she was bound to ratify, for refusing to do

which she must incur the censure of other nations, even those most friendly

to her, while by confining ourselves within that limit we can not fail to

obtain their well-merited approbation.

We must have peace on a frontier where we have been so long disturbed; our

citizens must be indemnified for losses so long since sustained, and for

which indemnity has been so unjustly withheld from them. Accomplishing

these great objects, we obtain all that is desirable.

But His Catholic Majesty has twice declared his determination to send a

minister to the United States to ask explanations on certain points and to

give them respecting his delay to ratify the treaty. Shall we act by taking

the ceded territory and proceeding to execute the other conditions of the

treaty before this minister arrives and is heard?

This is a case which forms a strong appeal to the candor, the magnanimity,

and the honor of this people. Much is due to courtesy between nations. By a

short delay we shall lose nothing, for, resting on the ground of immutable

truth and justice, we can not be diverted from our purpose.

It ought to be presumed that the explanations which may be given to the

minister of Spain will be satisfactory, and produce the desired result. In

any event, the delay for the purpose mentioned, being a further

manifestation of the sincere desire to terminate in the most friendly

manner all differences with Spain, can not fail to be duly appreciated by

His Catholic Majesty as well as by other powers. It is submitted,

therefore, whether it will not be proper to make the law proposed for

carrying the conditions of the treaty into effect, should it be adopted,

contingent; to suspend its operation, upon the responsibility of the

Executive, in such manner as to afford an opportunity for such friendly

explanations as may be desired during the present session of Congress.

I communicate to Congress a copy of the treaty and of the instructions to

the minister of the United States at Madrid respecting it; of his

correspondence with the minister of Spain, and of such other documents as

may be necessary to give a full view of the subject.

In the course which the Spanish Government have on this occasion thought

proper to pursue it is satisfactory to know that they have not been

countenanced by any other European power. On the contrary, the opinion and

wishes both of France and Great Britain have not been withheld either from

the United States or from Spain, and have been unequivocal in favor of the

ratification. There is also reason to believe that the sentiments of the

Imperial Government of Russia have been the same, and that they have also

been made known to the cabinet of Madrid.

In the civil war existing between Spain and the Spanish Provinces in this

hemisphere the greatest care has been taken to enforce the laws intended to

preserve an impartial neutrality. Our ports have continued to be equally

open to both parties and on the same conditions, and our citizens have been

equally restrained from interfering in favor of either to the prejudice of

the other. The progress of the war, however has operated manifestly in

favor of the colonies. Buenos Ayres still maintains unshaken the

independence which it declared in 1816, and has enjoyed since 1810. Like

success has also lately attended Chili and the Provinces north of the La

Plata bordering on it, and likewise Venezuela.

This contest has from its commencement been very interesting to other

powers, and to none more so than to the United States. A virtuous people

may and will confine themselves within the limit of a strict neutrality;

but it is not in their power to behold a conflict so vitally important to

their neighbors without the sensibility and sympathy which naturally belong

to such a case. It has been the steady purpose of this Government to

prevent that feeling leading to excess, and it is very gratifying to have

it in my power to state that so strong has been the sense throughout the

whole community of what was due to the character and obligations of the

nation that very few examples of a contrary kind have occurred.

The distance of the colonies from the parent country and the great extent

of their population and resources gave them advantages which it was

anticipated at a very early period would be difficult for Spain to

surmount. The steadiness, consistency, and success with which they have

pursued their object, as evinced more particularly by the undisturbed

sovereignty which Buenos Ayres has so long enjoyed, evidently give them a

strong claim to the favorable consideration of other nations. These

sentiments on the part of the United States have not been withheld from

other powers, with whom it is desirable to act in concert. Should it become

manifest to the world that the efforts of Spain to subdue these Provinces

will be fruitless, it may be presumed that the Spanish Government itself

will give up the contest. In producing such a determination it can not be

doubted that the opinion of friendly powers who have taken no part in the

controversy will have their merited influence.

It is of the highest importance to our national character and indispensable

to the morality of our citizens that all violations of our neutrality

should be prevented. No door should be left open for the evasion of our

laws, no opportunity afforded to any who may be disposed to take advantage

of it to compromit the interest or the honor of the nation. It is

submitted, therefore, to the consideration of Congress whether it may not

be advisable to revise the laws with a view to this desirable result.

It is submitted also whether it may not be proper to designate by law the

several ports or places along the coast at which only foreign ships of war

and privateers may be admitted. The difficulty of sustaining the

regulations of our commerce and of other important interests from abuse

without such designation furnishes a strong motive for this measure.

At the time of the negotiation for the renewal of the commercial convention

between the United States and Great Britain a hope had been entertained

that an article might have been agreed upon mutually satisfactory to both

countries, regulating upon principles of justice and reciprocity the

commercial intercourse between the United States and the British

possessions as well in the West Indies as upon the continent of North

America. The plenipotentiaries of the two Governments not having been able

to come to an agreement on this important interest, those of the United

States reserved for the consideration of this Government the proposals

which had been presented to them as the ultimate offer on the part of the

British Government, and which they were not authorized to accept. On their

transmission here they were examined with due deliberation, the result of

which was a new effort to meet the views of the British Government. The

minister of the United States was instructed to make a further proposal,

which has not been accepted. It was, however, declined in an amicable

manner. I recommend to the consideration of Congress whether further

prohibitory provisions in the laws relating to this intercourse may not be

expedient. It is seen with interest that although it has not been

practicable as yet to agree in any arrangement of this important branch of

their commerce, such is the disposition of the parties that each will view

any regulations which the other may make respecting it in the most friendly

light.

By the 5th article of the convention concluded on October 20th, 1818, it

was stipulated that the differences which have arisen between the two

Governments with respect to the true intent and meaning of the 5th article

of the treaty of Ghent, in relation to the carrying away by British

officers of slaves from the United States after the exchange of the

ratifications of the treaty of peace, should be referred to the decision of

some friendly sovereign or state to be named for that purpose. The minister

of the United States has been instructed to name to the British Government

a foreign sovereign, the common friend to both parties, for the decision of

this question. The answer of that Government to the proposal when received

will indicate the further measures to be pursued on the part of the United

States.

Although the pecuniary embarrassments which affected various parts of the

Union during the latter part of the preceding year have during the present

been considerably augmented, and still continue to exist, the receipts into

the Treasury to the 30th of September last have amounted to $19 millions.

After defraying the current expenses of the Government, including the

Interest and reimbursement of the public debt payable to that period,

amounting to $18.2 millions, there remained in the Treasury on that day

more than $2.5 millions, which, with the sums receivable during the

remainder of the year, will exceed the current demands upon the Treasury

for the same period.

The causes which have tended to diminish the public receipts could not fail

to have a corresponding effect upon the revenue which has accrued upon

imposts and tonnage during the three first quarters of the present year. It

is, however, ascertained that the duties which have been secured during

that period exceed $18 millions, and those of the whole year will probably

amount to $23 millions.

For the probable receipts of the next year I refer you to the statements

which will be transmitted from the Treasury, which will enable you to judge

whether further provision be necessary.

The great reduction in the price of the principal articles of domestic

growth which has occurred during the present year, and the consequent fall

in the price of labor, apparently so favorable to the success of domestic

manufactures, have not shielded them against other causes adverse to their

prosperity. The pecuniary embarrassments which have so deeply affected the

commercial interests of the nation have been no less adverse to our

manufacturing establishments in several sections of the Union.

The great reduction of the currency which the banks have been constrained

to make in order to continue specie payments, and the vitiated character of

it where such reductions have not been attempted, instead of placing within

the reach of these establishments the pecuniary aid necessary to avail

themselves of the advantages resulting from the reduction in the prices of

the raw materials and of labor, have compelled the banks to withdraw from

them a portion of the capital heretofore advanced to them. That aid which

has been refused by the banks has not been obtained from other sources,

owing to the loss of individual confidence from the frequent failures which

have recently occurred in some of our principal commercial cities.

An additional cause for the depression of these establishments may probably

be found in the pecuniary embarrassments which have recently affected those

countries with which our commerce has been principally prosecuted. Their

manufactures, for the want of a ready or profitable market at home, have

been shipped by the manufacturers to the United States, and in many

instances sold at a price below their current value at the place of

manufacture. Although this practice may from its nature be considered

temporary or contingent, it is not on that account less injurious in its

effects. Uniformity in the demand and price of an article is highly

desirable to the domestic manufacturer.

It is deemed of great importance to give encouragement to our domestic

manufacturers. In what manner the evils which have been adverted to may be

remedied, and how far it may be practicable in other respects to afford to

them further encouragement, paying due regard to the other great interests

of the nation, is submitted to the wisdom of Congress.

The survey of the coast for the establishment of fortifications is now

nearly completed, and considerable progress has been made in the collection

of materials for the construction of fortifications in the Gulf of Mexico

and in the Chesapeake Bay. The works on the eastern bank of the Potomac

below Alexandria and on the Pea Patch, in the Delaware, are much advanced,

and it is expected that the fortifications at the Narrows, in the harbor of

New York, will be completed the present year. To derive all the advantages

contemplated from these fortifications it was necessary that they should be

judiciously posted, and constructed with a view to permanence. The progress

hitherto has therefore been slow; but as the difficulties in parts

heretofore the least explored and known are surmounted, it will in future

be more rapid. As soon as the survey of the coast is completed, which it is

expected will be done early in the next spring, the engineers employed in

it will proceed to examine for like purposes the northern and northwestern

frontiers.

The troops intended to occupy a station at the mouth of the St. Peters, on

the Mississippi, have established themselves there, and those who were

ordered to the mouth of the Yellow Stone, on the Missouri, have ascended

that river to the Council Bluff, where they will remain until the next

spring, when they will proceed to the place of their destination. I have

the satisfaction to state that this measure has been executed in amity with

the Indian tribes, and that it promises to produce, in regard to them, all

the advantages which were contemplated by it.

Much progress has likewise been made in the construction of ships of war

and in the collection of timber and other materials for ship building. It

is not doubted that our Navy will soon be augmented to the number and

placed in all respects on the footing provided for by law.

The Board, consisting of engineers and naval officers, have not yet made

their final report of sites for two naval depots, as instructed according

to the resolutions of March 18th, 1818 and April 20th, 1818, but they

have examined the coast therein designated, and their report is expected

in the next month.

For the protection of our commerce in the Mediterranean, along the southern

Atlantic coast, in the Pacific and Indian oceans, it has been found

necessary to maintain a strong naval force, which it seems proper for the

present to continue. There is much reason to believe that if any portion of

the squadron heretofore stationed in the Mediterranean should be withdrawn

our intercourse with the powers bordering on that sea would be much

interrupted, if not altogether destroyed. Such, too, has been the growth of

a spirit of piracy in the other quarters mentioned, by adventurers from

every country, in abuse of the friendly flags which they have assumed, that

not to protect our commerce there would be to abandon it as a prey to

their rapacity.

Due attention has likewise been paid to the suppression of the slave trade,

in compliance with a law of the last session. Orders have been given to the

commanders of all our public ships to seize all vessels navigated under our

flag engaged in that trade, and to bring them in to be proceeded against in

the manner prescribed by the law. It is hoped that these vigorous measures,

supported by like acts by other nations, will soon terminate a commerce so

disgraceful to the civilized world.

In the execution of the duty imposed by these acts, and of a high trust

connected with it, it is with deep regret I have to state the loss which

has been sustained by the death of Commodore Perry. His gallantry in a

brilliant exploit in the late war added to the renown of his country. His

death is deplored as a national misfortune.

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