expressing to you with what surprise and concern I observe the farther communication you make me by order of his imperial majesty, stating his expectation of annual embassies accompanied with presents from the United States of America.-You are pleased to say it was so stipulated with the late Sid Mohamet Ben Ottoman.

I beg you will tell me where, and by whom such engagement was made, for I am a perfect stranger to it.

What I know of the matter is, that in the year 1795, when I had the honour of being sent by the government of the United States to his imperial majesty Muley Soliman at Rhabat, for the purpose of congratulating him on his happy accession to the throne of his ancestors, and for obtaining a recognition of the treaty made at Morocco, between his majesty's father Sidy Mohamet Ben Abdallah and the United States of America, his majesty was pleased to ratify that treaty, without any addition or alteration; in fulfilment of his father's engagement, made in the name of the Almighty, that it should continue in full force for fifty years from the first day of Rhamaden in the year 1200, on which it was signed.

His Majesty's letter on that occasion to the President of the United States, bearing date the 2nd of Zafar 1210, was delivered to me by Sid Mohamet Ben Ottoman, and declared that his Majesty was at peace, tranquillity and friendship with America, in the same manner as his father (who is with God) was, to which the government of the United States have ever faithfully corresponded.

By that treaty, there is no stipulation whatever for embassies being sent, or presents made by either the one government or the other, as you will see by the copy of it in Arabic. I delivered it to Sid Mohamet Ben Ottoman, on the 12th July, 1795, at Rhabat. I have seen it my duty to transmit to the government, I have the honour to represent in this country, three several copies of your letter on this important subject, by different conveyances, to guard against miscarriages; and I wait to receive such orders as his excellency the President shall see fit to give me on the occasion.

I have lately received information that two seamen, part of the crew of the American ship stranded three years ago near Cape Nun have escaped from the Arabs, and are now with the governour of Tarudaunt. I have to request you will have the goodness to transmit me a letter to that gentleman, directing him to allow these unfortunate people to proceed to Mogadore, in order that my agent there, Mr. Peter Guyer, may send them to their own country. Alcayde Hashash having signified to me his majesty's wish to be provided with some more American rice, I have given the necessary directions to the consul at Gibraltar to send me a supply, so soon as he can get any of a quality proper for his Majesty's use.

It will at all times afford me particular pleasure to obey such commands from his Majesty.

I avail of this opportunity of renewing my assurances of respect, and beg you will be persuaded, I am, &c.

Extract of a Letter from Consul Simpson, to Consul Gavino, dated Tangier, September 27, 1802.

I AM happy to tell you that some matters in discussion with this country have already been so far explained, and misconceptions on the part of this government done away, as leaves me no room to apprehend longer a necessity of having recourse to America for instructions, as every matter is in the fairest train of perfect accommodation, and I hope the gun carriages will come just in time to settle every thing, at least for some years, until they think of something else to ask for.

MESSAGE

FROM THE PRESIDENT OF THE UNITED STATES, TRANS MITTING A REPORT FROM THE SECRETARY OF STATE, WITH THE INFORMATION REQUESTED IN A RESOLUTION OF THE HOUSE, OF THE SEVENTEENTH INSTANT, RELATIVE TO THE VIOLATION ON THE PART OF SPAIN, OF THE TWENTY-SECOND ARTICLE OF THE TREATY OF FRIENDSHIP, LIMITS AND NAVIGATION, BETWEEN THE UNITED STATES AND THE KING OF SPAIN.

GENTLEMEN OF THE HOUSE OF REPRESENTATIVES,

I Now transmit a report from the Secretary of State, with the information requested in your resolution of the 17th instant.

In making this communication, I deem it proper to observe that I was led by the regard due to the rights and interests of the United States, and to the just sensibility of the portion of our fellow citizens more immediately affected by the irregular proceeding at New Orleans, to lose not a moment in causing every step to be taken which the occasion claimed from me; being equally aware of the obligation to maintain in all cases the rights of the nation, and to employ for that purpose those just and honourable means, which belong to the character of the United States. TH: JEFFERSON.

December 22, 1802.

Report of the Secretary of State, to the President of the United States.

THE Secretary of State, to whom the Resolution of the House of Representatives of the United States of the 17th instant was referred by the President, has the honour to enclose to him the letters and communications annexed, from the governour of the Mississippi Territory, the governour of Kentucky, and from William E. Hulings, formerly appointed vice-consul of the United States at New Orleans. In addition to this information on the subject of the resolution, it is stated from other sources, that on * VOL. I. 24

the 29th of October, American vessels from sea remained under the prohibition to land their cargoes; and that the American produce carried down the Mississippi could be landed only on paying a duty of six per cent. with an intimation that this was a temporary permission. Whether in these violations of treaty the officer of Spain at New Orleans has proceeded with or without orders from his gov-. ernment, cannot as yet be decided by direct and positive testimony; but it ought not to be omitted in the statement here made, that other circumstances concur with the good faith and friendship otherwise observed by his Catholic Majesty, in favouring a belief that no such orders have been given. JAMES MADISON.

Department of State, December 21, 1801.

SIR,

[COPY.]

NEW ORLEANS, OCTOBER 18, 1802.

I HAVE the honour to enclose you an extract from a decree this day published by the Intendant of the province of Louisiana, by which you will see that the Americans are no longer permitted to deposit their merchandize in this city. No information of any other place being appropriated for an American deposit, is yet given; nor have we any reason to hope that the government has such place in view. The season for the cotton from the Natchez, and other produce from the settlements higher up, to come down approaches. The difficulties, and risks of property that will fall on the citizens of the United States, if deprived of their deposit, are incalculable; their boats being so frail, and so subject to be sunk by storms that they cannot be converted into floating stores, to wait the arrival of sea vessels to carry away their cargoes.

The port is also this day shut against all foreign commerce, which can only be carried on by Spanish subjects in Spanish bottoms.

I am, sir, with the greatest respect,
(Signed)

WM. E. HULINGS.

The Hon. James Madison, Esq. Secretary of State.

Extract from a publication made October 16th, 1802, by Juan Ventura Morales, Intendant of the Province of Louisiana, &c.

N. B. The preceding part of the publication relates only to the ratification of peace, and the shutting of the port against foreign trade.

[TRANSLATION.]

As long as it was necessary to tolerate the commerce of neutrals which is now abolished, it would have been prejudicial to the province, had the Intendant, in compliance with his duty, prevented the deposit in this city of the property of the Americans, granted to them by the 22d article of the Treaty of Friendship, Limits, and Navigation, of the 27th October, 1795, during the limited term of three years.

With the publication of the ratification of the Treaty of Amiens, and the re-establishment of the communication. between the English and Spanish subjects, that inconvenience has ceased. Considering that the 22d article of the said Treaty takes from me the power of continuing the toleration, which necessity required; since after the fulfilment of the said term this ministry can no longer consent to it without an express order of the king: There. fore, and without prejudice to the exportation of what has been admitted in proper time, I order, that from this date the privilege, which the Americans had of importing and depositing their merchandize and effects in this capital, shall be interdicted: And that the foregoing may be publickly known, and that nobody may allege ignorance, I. order it to be published in the usual places, copies to be posted up in the publick sitioes; and that the necessary notice be given of it to the officers of finance, the adminis trator of rents, and otherwise as may be necessary.

The present being given under my hand, and countersigned by the underwritten Notary of Finance, pro tem