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, MANIFESTO
Of the:Krag.:rSpagjiiiist, the
rirr".ief',CT' 14 1804
H'is 'Excellency Don Pedro Ce
vallos, first secretary ot state and
fcreiaffairs, has communicated
by the royal order to all his coun
cils under the date of the 12th, 'the
follbvic Manifesto :' "
' The re-estabfishmefttor peace,
which the powers of Europe had
seen with so much pleasure by the
treaty of Amiens hasbeen, unfor
tunately fcr the happiness pi the
people, of short duration. The
public rejoicings v which they ce
lebrate"d the great'event were not
yet finished,' when war again made
hs appearance to trouble the public
tranquillity; and-' the prosperity
which peace offered has vanished.
The cabinets of Paris and oi
X.ondon held'Europe in suspencei
and in the indecision between fear
and hope, each day the execution
of their negotiations were more
uncertain. At length discord ligh
ted up botween them a flame, Which
naturally would .communicate to
xther powers. pain and Holland,
yhlch treated with France at A
nuens1and'hose interests ahdpo
litieal relations are so mlimately
Xihi ted, found that it would be'ver)
difficult not" to feci part of the ag
gressions and offences done against
their ally.
' In these .circumstance his ma-
iesfcr suDDorted bv the most solid
principles .of honest politics, pre
ferred granting a pecuniary subsi
jdy to tlib contingent of troops and
vessels which be was bound to lur
tiish France , in virtue of the trea
ty of alliance of 1796, and byineans
of his minister at London, and tht
agents of England at Madrid, made
known, in the most positive manner
"to the British government, his dc
cided and firm resolution to remain
neuter durintr the war; and, for
the moment, he had the consola-
tion oi seeing tnai wus noucsi aiaic
of security- wain appearance;
1 well received by the court ,: of
j-onaon. ,
But that cabinet wh had pre
meditated before hand the renewal
, of the war with Span, as soon as it
was in a state fit to declare it, not
"with the formalities and solemnities
. prescribed by the law of natioris,but
"by means of aggressipns vhich
might be advantageous, endevou
red,by the,nVost frivolous pretexts,
to bring indoubt the truly neutral
Hconduct of Spaint and to give
4S?tUie same time, more importance
toTthe desires of Great-Britain to
y presente peace the whole to gain.
time by lulling the Spanish goverri
' inent in security, and toVtnaintain
liin uncertainty the public opinion" of
I t f i l . .
I istne fungnsn people on its unjust
i;an4 prcmeditatect designs, which
could in .nai"ashion approve of.
ilt -was thus at London they4iart?
IIIyeignedo protect the different
'jjd'ai.iabyjthe Spaniards and
" their agents, and at Aladrid exag
Vgerateihe . pacific .intention's of
WClf .sovctcuih ;.uui uicy wic BC
f.ver satisfied with'the frank amity
V ; with which theiCnptes were answer
I ed : Uhey endeavoured rather to
I exaggerate titftcr suppose arma
I ments which, $d not exist, by sup
j$Qm (?.inH the most positive
.protestations on. - the part of the
Mjfcourt of Spain) fhat:the pecuniary
P uccour. given to trance was not ai
lone tne equivalent ior tne troops,
and vessel which were stipulated
for m the. treaty of 1796, as if an in;
, definite aivd immense sum would
permit tnem to consider -opam a
principal party irt the war.
But as 'it was not vet time to
; cause to disappear altogether the
illusion they. laboured at, f they re
t Cuired as a condition for consider
f ing Spain as neuter, the. cessation
oi every armament m her porta,
and the prohibition of sales in ; her.
ports of priz.es made by thet" rench,
and notwithstanding both condi-
uons, thougHsolicited with
too
.i haughty a tone and one seldom u- ,
Used, were immediately and vigo-1 S
rously accomplisiied, they persisted , in preserving peac,au wc fcour
nevertheless to manifest mistrust, 1 1 ces compatible with the dignity of
and the agents left Madrid in haste, M his crown, finds himself uncfer the
after having received dispatches y hard.necessity of making war on
from their court, without having j the ittg of GreatlBritain, and on
made any communicatton of their
Contents. , tslVg inc at vuBiyi -iui uiamica
The contrast which resufts from J concerning the solemnmblication,
all this, betweenjthe conduct of the li as the1 Engl sh cabinet began; and
cabinets of Madrid and Londonylj continues to make war without de
wiil Suffice to manifest dearly to alfljclaring it. .
Europe the had faith and thehid-f! In consequence, his majesty af
den and perverse views of the ' fer having laid an embargo, by way
Etlglish ministry,'.though they did ' of reprisal on all the English proj
not manifest it themselves until four
Spanish-jigates, navigating with!
tnat-ecunty wnicn pcace inspires,
were arttuiiy- attacked, surprised, ;
and taken by orders of the English ;
government, which were signed at i
the same' momenS in which it had!
required conditions for the prolong-1
ation oi peace, in wnicn it gave
all the securitv possible for the ,
maintenance of it--and while their
rtr-
vessels were provisioning them
selves and receiving refreshments i
in the ports of Spam.
These same vessels,which en
joyed the most complete hospitality
there, proved the goou taitn witn
which opain assurea to ingiana
the sincerety of her engagements,
and the firmnessof her resolutions
to maintain the neutrality. These
same., vessels then carried in the
breasts of their commanders the in
iquitous orders of the English cabi
net to seize Spanish property on the
seas. These iniquitous orders cir
culated profusely, since all their
vessels ot war in the American and
European seas, seized and carried
into their ports all the Spanish ves
sels they met with, without respect
ing even thos-e which were loaded
with grain coming from all parts-to
the succour of a faithful nation, in
a year of misery and calamities.
They have given the barbarous
orders, for they merit no other
harhe, to sink all the Spanish ves
sels which are not above one hun
dred tons burthen, to burn those
which shall be driven on the coasts,
and to seize and to carry toMaUa
only those which exceed one hun
dred ons- -Such was the declara
tion made to the master of a Va-
iencian vesel of fifty-four tons,
who saved himself in his boat on
the 26th of November on the coast
of Catalonia, when his vessel was
sunk by an English vessel, after the
Captain had taken her papers and
colours, and had told him that he
had received such positive orders
from his court. " '
Notwithstanding these atrocious
facts, whicH prove most s evidently
the ambitious and hostile views
which the cabinet of St. James had
premeditated, it . endeavours to
bring forward its perfidious system
of blinding the public opinion ;al
ledging for this purpose, that 'the
Spanish frigates have" hot be'ti.
brought into England in quality of
prizes, but as hostages, until Spain
gives assurance that she will 'oh.
serve thestrictest neutrality. V :
- An what great assurance can
drought Spain to give ? What ci
vilized nation' until !ne present
time has made use of such injuri
ous and violent means to require
sureties from another? Suppose
that En1an4 "had something fur
ther to require . from Spain, in
what manner would she excuse her
self after such an attack ? What
satisfaction can she give for the dis
astrous loss of the frigate La Mer
cedes, "with ill' her cargo, ere w
and a "great number" cf passenger
of distinction,; who have been the
innocent victims of such a detesta
We policy ''
Spain-would never satisfyJwHaf
she owes to herself, nor belieyef
herself able tomaintain her honour
among the other bowers of Europe
if she shewed; herself, any longer
insensible to such outrages, and if
she did hot endeavour to avenge
them with that energy and 'dignity
which are proper ' ' . .
The King, encouraged by .these
sentiments, after having exhausted
Lhlubjects ana peopie j suppres-
iperty found in his dominions, has
ordered that there shall be sent to
f the Viceroys, Captains General, 8c
Other Commanders, as well on sea
as by land, the most proper orders
' for the defence oi his kingdoms,
'and for hostilities against the ene-
' my. The King has ordered his
minister resioeat ai L-onugn iu re-
! t're with all the Spanish legation.
His majesty does not doubt that
1 a 1 1 '1 ' -i II 1 f 1
: whetf his subje'ctsshall be informed
of thlfjust indignation which the
i violent conduct of England ought
to inspire him with, they will spare
no means, ot all those tneir valour
will suggest, to contribute with his
iriaiestv in the most complete ven-
' geance for the insult committed on
the Spanish flag. ; "T
To this end, he orders them to
arm to cruise against Great Bri
tair, and;to possess themselves
with courage, of their vessels and
property, and grants them the; most
extensive powers.
His majesty ofFers at the same
time, the gieatest celerity ior tne
adjudication of prizes,,- tor jwhich
they shall onlyiie obliged to prove
the property Eriglish. His majes
ty renounces expres: !v m favour of
the -concerned, (armateurs) all the
dutjes which on like octasions he
reserved to himself fromlsuch pri
zes, so that they shall erjoy them
entire and without ant deduc
tion. "'l '
Lastly his majesty hhs ordered
that all, that is above witten shall
be sent to the ambassadors and
ministers of thfc Kingat foreign
courts, to the - end that sll persons
may be informed of the facts, and
that they may interest themselves
in this so just a causev-hoping that
divine Providence will bless tht
Spanish Arms, and enalle them to
obtain just and proper 'satisfac
tion for the injuries Spain has re
ceived. DEBATE - -On
the Georgia Claims
Mr. Elliot. It cannot but be
considered; as a very fortunate cir
cumstance, and one ""which cannot
fail to have ' a favourably influence
On "the final decision of this impor
tant question, that sinee the delivery
of the animated obseryatiens which
yesterday so powerfully attracted the
attention of the Housete have been
afforded a few hours of tranquil re
tirement from tho tempest of the fo
rum, for the purpose, useful at all
times and peruliar so at the present
time, of calm reflection. sTo trans
fer ourselves in a moment from the
flowery fields of fancy, to the nig
ged road of argument, to descend in
stantaneously from the eletated
scenes of eloquence to jthe humble
walks of common sensed requires an
effort; transcending ordinary powers.
It is time, to banish from these walls
that idle frippery of ceremonious
conversation, which is suited only to
a new year's compliment, of a birth
day salutation, and to try to catch a
little of the sturdy tptrit of antiijiiity.
A bold, aloud, an impressive appeal
is made to the American peoples In
that appeal 'I fearlesly and mostcbr
jjfoflX unite. I regi'et, however, the
existence of a precedent which at
6nce justifies and demands these ad
dreisSyto the people. Much as 1
wish to disseminate correct infprma .
rionjparticularly Joiya? sebject whicft
I believe is but imperfectly understootf
without; these walls, except by inte
rested persons, and convinced asTt
aih that Uie subject is understood, and
an opinion formed uponJt. by every
,Uk-,,,ul:' "ousc, snail not so
completely follow the Example before
us asto speak to the people in the
first instance, but shall as usual di
rect my observations to the House,
I propose to examine, in a concise ,
and if it be in my power, in ah argu
mentative manner, the following ques
tions, which have a direct application
to, the amendment proposed by the
gentleman from Virginia (Mr. Clark)
tb the resolution, under consideration
and which aVthe same tirae -pen to
view the whole extent of the sub
ject. Bid the state of Georgia, in the
year 1795, possess a title to the ter
ritory in question I
Were the legislature "bf Georgia
in 1795, invested, with the constitu
tional power of making a sale of the
territory, and did they make such
sale to those from whom the present
Claimants derive their title . or pre
tended title ? And if such sale was
made, what title or colour of title did
it convey ? .
Were the members of the legisla"
tne of Georgia, in - 1795, invested
with the constitutional power of res
cinding the acts of their predecessors
in relation to such sale, and did they
rescind them ?
Were the claims or pretended
claims of the present claimants in
any manner recognized by the act of
cession of the territory in question
from Georgia to the United btates ?
And,
Do justice and policy, or either
justice or policy, require that the
whole or any part of the five millions
of acres, reserved by ihe act of ces
sion from Gebrgia to the United
States, for the purpose of satisfying
claims of a certain description against
Georgia, inreference to tlje said ter
ritory, should beappropriated for the
purpose of satisfying the claims of the
present claimants ?
However extensive the outline
which I have s&iched of the subject,
the survey will he a rapid one.
It is necessary that I should make
one or two preliminary observations,
I have uniformly been opposed to
the doctrine which has been so pow
erfully advocated, that Congress is
competent to make a legislative deci.
hion upon the validity -or invalidity
of the conflicting acts :of Georgia.
We possess no such pbwers. But
as individuals we h ay express our
opinions. Nor am I disposed to do
any thing which shall have a tenden
cy to impugn the title of the United
states to this-territory. Without de.
ciding the question of title, my prin
cipal object is to shew, that the
Haimants are in possession of so strong
x colour of title, that it will be good
policy to authorise a negotiation with
'hem for the abandonment of their
claim, especially as we have a pros
pact of obtaining that abandonment
on their part without going beyond
the reservation in the act of cession,
and of course without the actual ex
.pence Of a single dollar to the XJ. S.
, 4 Did Georgia, in 1795, possess a
title to the territory in question ?
To answer this enquiry, it is only
necessary to make one or two quota
tipns from the articles of agreement
and cession, entereijhto on, the 24th
of April 1802 between .the commis
sioners of the United States and those
of Georgia. In the first article
" the state of Georgia cedes to the U.
btatts all the right title and claim,
which the said state has to the juris
diction and soil of the lands situated
within the boundaries of the United
States south of the state of Tennes
see," &c By the second article
" The United States accept the ces
sion above mentioned, and on the
conditious therein expressed ; and
they cede to the State of Georgia
whatever claim, right, or title, they
may have to. foe jurisdiction or soil
of any lands lying within the United
States, and out of the proper bounda
ries of any other state, and situated
south of the southern boundaries-ipf
the states- of Tennessee, NorthCa
rolina and South-Carolina, and east
of the boundary line herein above des
cribed as the eastern boundary of the
territory ceded by Georgia to the
United States;"' -
-Whatever' I claim or title the Uni.
ted States' might previously have had
to the territory, they thought proper
in 1803, to combine .withit, and to
fortify . it, by that of jG$prgijand
surely we shali-hot do any act, ot
aciopt any principle, tending to im-
pair the title under which we now ;
exercise Jjunsdictionver the Terri
tory. '".;!;.:, ' , ' . '"
f Were the legislature of Georgia, in
1795, invested with the. cWstitutbnal
power of making jifsale of thettem
tory, and did they; make such sale
to those from whom the present clai- -mants
derive their title or pretended
title ? And if such sale was made,
what title or coldr.bf title did it con
vey ? ; ' t .- ;'..''
In this age of political "revolution
and reformation, for I. consider it 1
an age ef reformation as well as re
volution, tliere -are still certain prin.
ciples and maxims, hot merely vene.
rable for their antiquity, but consecra.
ted by thei r conformity to j the com
mon sense a nd reason of: mankind,
which are considered as universal in
their application, and nrresi$tle in
their influence. Among these may
be numbered the principles which at
tach to the government off every re
gularly organised community, the
power of pledging the public faith,
and that of alienating the right of soil
of the vacant territory of the nation.
In every free government there must
exist the power pf legislation or of
making laws, a distinct power charr
ged with execution of the laws, and
a judicial poerw The union of these
different powers in the saaje man or
body of men i the very essence of
despotism. Thus in France prior
to the revolution, it was a fundamen
tal maxim of state that the king was
the legislator of the French monar
chy j and the power exercised in
some instances by certain parliaments
of refusing to register the edicts of
the monarch, however, in practice it
mightoperate as an obstruction to le
gislatioh, was in theory only a matter
of form, or at most but a temporary
cheek upon the executive power. In
oligarchies, the legislative power is
Lyested in the rich and noble, and in
aristocracies, 'in a few individuals
who are presumed to be the wisest
and the best in the community. In
governments of democratic form thi&
power resides in the great body f .
the people, and is exercised by them-
selves or their representatives. -
The base of the temple of Ameri
can liberty is demOtracy,r thei;sbve
reignty of the people. Representa
tion and confederation are the princi-,
paf pillars which support the great
superstructure. tAs the slate govern
ments are unquestionably representa
tive democracies, the general govern!
ment is a . representative federal re
public. In every government of the
representative form, the representa
tives of the people are vested with
power to pledge the public faith, and
to alienate the vacant territory of the;
nation Were the members of the
legislature of Georgia, in ir"95,-in-vested
with this authority ? Certainly
it was within the sphere of those
constitutional rights and powers which
had never been surrendered to: the
general government. We have since
recognized that authority, by receiv
ing a solemn deed of cession of the
territory, from a subsequent legisla
ture of Georgia transferring to us"
not only the soil, but'the right of ju
risdiciion. Was this authority exer
cised in 195 ? In the act of tlie
legislature of that state of the 7tK of
January in that year, granting tlys
territory to those from whom the pre
sent claimants derive their claims,
certain lands are described, and it is
enacted that those lands shall Jx fold.
td. such and such persons, a tenants
in common and not as joint tenants.
The -lands shall, be sold, or in other
words, the right of soil shall be alie
nated A proper distinction is taken
betWeeh the dominium utile and the
dominium directum of the civilians.
No transfer Was made of the right of
jurisdiction, although such imaginary
transfer forms a prominent; article in
the reasons assigned, by the legisltt
ture of-1796 for passing the rescind,
ing act- From this view of the sub
ject, whatever may be .the present
state of the question of legal title, who'.,
can doubt that the jresent claimants s
honest purchasers frotn, the original -grantees,
on the faith jbfjan indepetu -dent
state, and innocent pf" iraud 1
fraud existed, possesss such a colour
of tide, such an equitable claim, as
to render it prudent ; and politic, f
witV them.'
aponreasonable terms? isettatft&l
iiui.'a miHji"'"' .... - -- -
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