viously no reference to the above mentioned grants, the grantees of which were not in possession of the lands, who had fulfilled none of their conditions, and who had not been prevented from fulfilling any of them by the circumstances of Spain or the revolutions of Europe. The article was drawn up by me, and before assenting to it, Mr. Onis enquired what was understood by me as the import of the terms "shall complete them." I told him that in connection with the term, "all the conditions," they necessarily implied that the indulgence would be limited to grantees who had performed some of the conditions, and who had commenced settlements which it would allow them to complete. These were precisely the cases for which Mr. Onis had urged the equity of making a provision, and he agreed to the article fully understanding that it would be applicable only to them. When after the signature of the treaty there appeared to be some reason for supposing that Mr. Onis had been mistaken in believing that the grants to the Duke of Alagon, Count Puñon Rostro, and Mr. Vargas, were subsequent to the 24th of January, 1818, candor required that Spain and the grantees should never have a shadow of ground to expect or allege that this circumstance was at all material, in relation to the bearing of the treaty upon those grants. Mr. Onis had not been mistaken in declaring that they were invalid because their conditions were not fulfilled. He had not been mistaken in agreeing to the principle that no grant invalid as to Spain should by the treaty be made valid against the United States. He had not been mistaken in the knowledge that those grantees had neither commenced settlements, nor been prevented from completing them by the circumstances of Spain, or the revolutions in Europe. The declaration which Mr. Forsyth was instructed to deliver, was merely to caution all whom it might concern, not

to infer from an unimportant mistake of Mr. Onis as to the date of the grants, other important mistakes which he had. not made, and which the United States would not permit to be made by any one. It was not, therefore, to annul or to alter, but to fulfil the eighth article as it stands, that the declaration was to be delivered; and it is for the same purpose that this explanation is now given.

As by the eleventh article of the treaty, the proceeds of the sales of lands in the ceded territories are expressly designated as the source of the funds from which the just claims of the citizens of the United States, acknowledged and provided for by the treaty, are to be paid, no other disposition of any part of the lands by Spain could in any event be assented to by the United States; and the only effect of their acquiescence in the diversion of them to any other purpose would be, to give them a just and indispensable claim upon Spain, to provide for those indemnities by other means. It was with much satisfaction, therefore, that I learnt from you the determination of your government to concur in the construction of the article as understood by this government, and to assent to the total nullity of the above mentioned grants.

As I flatter myself that those explanations will remove every obstacle to the ratification of the treaty by his Catholic Majesty, it is much to be regretted that you have not that ratification to exchange, nor the power to give a pledge which would be equivalent to the ratification. This six months within which the exchange of the ratifications was stipulated by the treaty having elapsed, by the principles of our constitution the question whether it shall be now accepted must be laid before the Senate for their advice and consent. To give a last and signal proof of the earnest wish of this government to bring to a conclusion these long-standing and

viously no reference to the above mentioned grants, the grantees of which were not in possession of the lands, who had fulfilled none of their conditions, and who had not been. prevented from fulfilling any of them by the circumstances of Spain or the revolutions of Europe. The article was drawn up by me, and before assenting to it, Mr. Onis enquired what was understood by me as the import of the terms "shall complete them." I told him that in connection with the term, "all the conditions," they necessarily implied that the indulgence would be limited to grantees who had performed some of the conditions, and who had commenced settlements which it would allow them to complete. These were precisely the cases for which Mr. Onis had urged the equity of making a provision, and he agreed to the article fully understanding that it would be applicable only to them. When after the signature of the treaty there appeared to be some reason for supposing that Mr. Onis had been mistaken in believing that the grants to the Duke of Alagon, Count Puñon Rostro, and Mr. Vargas, were subsequent to the 24th of January, 1818, candor required that Spain and the grantees should never have a shadow of ground to expect or allege that this circumstance was at all material, in relation to the bearing of the treaty upon those grants. Mr. Onis had not been mistaken in declaring that they were invalid because their conditions were not fulfilled. He had not been mistaken in agreeing to the principle that no grant invalid as to Spain should by the treaty be made valid against the United States. He had not been mistaken in the knowledge that those grantees had neither commenced settlements, nor been prevented from completing them by the circumstances of Spain, or the revolutions in Europe. The declaration which Mr. Forsyth was instructed to deliver, was merely to caution all whom it might concern, not

to infer from an unimportant mistake of Mr. Onis as to the date of the grants, other important mistakes which he had. not made, and which the United States would not permit to be made by any one. It was not, therefore, to annul or to alter, but to fulfil the eighth article as it stands, that the declaration was to be delivered; and it is for the same purpose that this explanation is now given.

As by the eleventh article of the treaty, the proceeds of the sales of lands in the ceded territories are expressly designated as the source of the funds from which the just claims of the citizens of the United States, acknowledged and provided for by the treaty, are to be paid, no other disposition of any part of the lands by Spain could in any event be assented to by the United States; and the only effect of their acquiescence in the diversion of them to any other purpose would be, to give them a just and indispensable claim upon Spain, to provide for those indemnities by other means. It was with much satisfaction, therefore, that I learnt from you the determination of your government to concur in the construction of the article as understood by this government, and to assent to the total nullity of the above mentioned grants.

As I flatter myself that those explanations will remove every obstacle to the ratification of the treaty by his Catholic Majesty, it is much to be regretted that you have not that ratification to exchange, nor the power to give a pledge which would be equivalent to the ratification. This six months within which the exchange of the ratifications was stipulated by the treaty having elapsed, by the principles of our constitution the question whether it shall be now accepted must be laid before the Senate for their advice and consent. To give a last and signal proof of the earnest wish of this government to bring to a conclusion these long-standing and

unhappy differences with Spain, the President will so far receive that solemn promise of immediate ratification upon the arrival of your messenger at Madrid, which, in your note of the 19th ultimo, you declare yourself authorized in the name of your sovereign to give, as to submit to the Senate of the United States, whether they will advise and consent to accept it for the ratification of the United States heretofore given.

But it is proper to apprize you that if this offer is not accepted, the United States, besides being intitled to resume all the rights, claims, and pretensions, which they had renounced by the treaty, can no longer consent to relinquish their claims of indemnity, and those of their citizens, from Spain, for all the injuries which they have suffered, and are suffering, by the delay of his Catholic Majesty to ratify the treaty. The amount of claims of the citizens of the United States which existed at the time when the treaty was signed far exceeded that which the United States consented to accept as indemnity. Their right of territory was, and yet is, to the Rio del Norte. I am instructed to declare, that if any further delay to the ratification by his Catholic Majesty of the treaty should occur, the United States will not hereafter accept either of five millions of dollars for the indemnities due to their citizens by Spain, nor of the Sabine for the boundary between the United States and Spanish territories.1

Please to accept, etc.

1 This note, dated May 3, was not signed until May 5, and the interchange of views upon it between the Secretary of State and the Spanish and French ministers will be found in the Memoirs, May 4 and 5, 1820. The President determined to submit the correspondence to Congress, and leave action to that body. The matter was discussed in a meeting of the Cabinet on the 6th, leaving the President in doubt what course he should pursue. Adams believed that some reply should be sent to Vivês to his latest note, and the note of May 8 was accepted. The message