because the independence of the
States of America never having been acknowledged by Spain she had a
right to prohibit trade with them under her old colonial laws. This
ground of defense was contradictory, not only to those which had been
formerly alleged, but to the uniform practice and established laws of
nations, and had been abandoned by Spain herself in the convention which
granted indemnity to British subjects for captures made at the same
time, under the same circumstances, and for the same allegations with
those of which we complain.

I, however, indulge the hope that further reflection will lead to other
views, and feel confident that when His Catholic Majesty shall be
convinced of the justice of the claims his desire to preserve friendly
relations between the two countries, which it is my earnest endeavor to
maintain, will induce him to accede to our demand. I have therefore
dispatched a special messenger with instructions to our minister to
bring the case once more to his consideration, to the end that if (which
I can not bring myself to believe) the same decision (that can not but
be deemed an unfriendly denial of justice) should be persisted in the
matter may before your adjournment be laid before you, the
constitutional judges of what is proper to be done when negotiation for
redress of injury fails.

The conclusion of a treaty for indemnity with France seemed to present a
favorable opportunity to renew our claims of a similar nature on other
powers, and particularly in the case of those upon Naples, more
especially as in the course of former negotiations with that power our
failure to induce France to render us justice was used as an argument
against us. The desires of the merchants, who were the principal
sufferers, have therefore been acceded to, and a mission has been
instituted for the special purpose of obtaining for them a reparation
already too long delayed. This measure having been resolved on, it was
put in execution without waiting for the meeting of Congress, because
the state of Europe created an apprehension of events that might have
rendered our application ineffectual.

Our demands upon the Government of the Two Sicilies are of a peculiar
nature. The injuries on which they are founded are not denied, nor are
the atrocity and perfidy under which those injuries were perpetrated
attempted to be extenuated. The sole ground on which indemnity has been
refused is the alleged illegality of the