Yeas

postponed until to-morrow, it was determined in 'the negative-Y 6, nays 30.

The yeas and nays being desired by one fifth of the Senators present,

Those who voted in the affirmative, are

Messrs. Barton, Chase, Edwards, Mills, Sanford, Seymour—6. Those who voted in the negative, are

Messrs. Benton, Berrien, Bouligny, Chandler, Clayton, Cobb, Dickerson, Eaton, Findlay, Harrison, Hayne, Hendricks, Holmes, Johnson of Ken., Johnston of Lou. Kane, King, Knight, Macon, Marks, Noble, Reed, Robbins, Rowan, Ruggles, Smith, Van Buren, White, Willey, Woodbury-30.

On the question to agree to the motion,

It was determined in the affirmative-yeas 33, nays 3.

The yeas and nays being desired by one fifth of the Senators present, Those who voted in the affirmative, are,

Messrs. Barton, Benton, Berrien, Bouligny, Chandler, Chase, Clayton, Cobb, Dickerson, Eaton, Findlay, Harrison, Hayne, Hendricks, Holmes, Johnson of Ken, Johnston of Lou. Kane, King, Knight, Macon, Marks, Noble, Reed, Robbins, Rowan, Ruggles, Sanford, Smith, Van Buren, White, Willey, Woodbury-33. Those who voted in the negative, are Messrs. Edwards, Mills, Seymour-3.

Attest,

WALTER LOWRIE, Secretary.

APPENDIX-No. 1.

The following Message and Documents were communicated to the Senate, on Friday the 17th March, 1826, after their final decision on the mission to Panama, which decision took place on the 14th March.

WASHINGTON, 16th March, 1826.

To the Senate of the United States:

Some additional documents, having relation to the objects of the mission to the Congress at Panama, and received since the communication of those heretofore sent, are now transmitted to the Senate. JOHN QUINCY ADAMS.

Extract of a Letter, No. 15, from Mr. Everett, Minister to Spain, to the Secretary of State, dated

MADRID, November 21, 1825.

After conversing with the Duke, (del Infantado,) as much as was necessary upon the direct relations between the two countries, the opportunity being favorable for a longer interview, I availed myself of it to introduce the subject of the Colonies, upon which I had not before said any thing to him. I told him, that it was a part of my instructions to intimate to His Majesty's Government, in the most delicate manner possible, the full conviction of that of the United States, that the question of the Independence of the Colonies, was, in point of fact, settled; and their strong desire, that the war might as soon as possible be brought to a close. I inquired of him, whether there was at present any disposition in His Majesty's Cabinet towards a change of policy upon this subject. He replied in the negative, but did not express himself to this effect with the same fulness and decision, that I had observed in Mr. Zea's communications.

I

presume, however, that this difference, which was certainly very perceptible and obvious, is rather owing to the difference in the characters of the men, and their habit of expressing themselves, than to any actual intention in the Cabinet to yield. At least, I do not learn from any other quarter, that such an intention is supposed to exist. The Duke said, that the matter was a delicate one; that he could easily imagine how inconvenient and injurious it must be to the United States to have this struggle constantly going on at their doors; and that he was not surprised or dissatisfied, that they should exert their influence in endeavoring to procure the termination of it in the way which they thought just; but, that the King could not yet resolve to abandon his rights, or give up the hope, that these countries would in one way or another be ultimately brought back to their allegiance. I then suggested to him particularly the opinion entertained by the Government of the United States, that the loss of the Islands of Cuba and Porto Rico, would be the inevitable effect of the continuance of the struggle for two or three years longer; but that Spain, by making peace at once, might very probably retain them. When I made this remark to Mr. Zea, he answered, that the King did not consider these Islands as in danger in any event, and that His Majesty confidently trusted, that he should not only retain them, but reconquer very shortly all the other American Provinces. The Duke's answer was quite different. He inquired of me in reply upon what evidence the American Government founded the opinion, that Spain would be able to retain these Islands, in case of her recognizing the independence of the other Colonies. This question scemed to suppose the persuasion, that the Islands must at all events be lost, unless the King should recover the whole of his American possessions. I replied, that the principal circumstance in favor of this opinion was the fact, that no symptoms of a disposition to separate from the mother country, had yet appeared in the Islands; and that as their situation, in consequence of the opening of the ports, was extremely flourishing, there was room to suppose, that they were contented with it. He acquiesced in this remark, and expressed his deep regret, that a similar system of allowing a full freedom of trade, bad not been adopted in season, in regard to the other Colonies. This was the substance of our conversation. The general impression I received from it was, that there is at present no direct intention in the Cabinet to change their policy; but, that there is at least as much probability of a recognition now, as before the late ministerial revolution. I mentioned to the Duke, that Mr. Zea had expressed a wish, that I would give him in writing what I had to say by order of my Government upon this subject, and inquired of him, whether this would also be agreeable to him. He said, that he had no objection whatever to receive such a communication; and I shall accordingly at my leisure prepare and transmit one."

2.

Extract of a letter (No. 17,) from Mr. Everett to the Secretary of State, dated at

MADRID, December 12, 1825.

"I received, two or three days ago, from Mr. King, a copy of the Instructions to Mr. Middleton, on the affair of Spanish America. It came very opportunely, while I was engaged in preparing the note which I intend to address to this Government upon the same subject. This communication, as it requires to be drawn up with care and caution, does not admit of being hastened, and will not probably be ready before the first of January. I learn, with much pleasure, through the medium of Mr. Brown, that the overture made by Mr. Middleton at St. Petersburgh, has been well received, and is likely to produce a favorable effect. I shall take an early opportunity of conversing anew with Mr. D'Oubril, upon the subject, and of ascertaining what are his present instructions."

No. 18.-Mr. Everett to the Secretary of State.

SIR: I have the honor to transmit, herewith, a translation of a decree which has just been published, for establishing a Council of State. A Council has already existed, I believe, ever since the King's return, bearing the same name, composed of nearly the same persons, and charged with, substantially, the same duties as this, but the King has not been in the habit of calling them together. The only thing, therefore, really new in the decree, is, the part which declares that the Council shall meet every day, and remain in session three hours. How far this regulation is likely to be observed, is, of course, a matter of mere conjecture. It is rather singular that no allusion is made to an existing Council, and that the decrce purports to be for the establishment of an entirely new one. The measure is considered here as pretty important, but I do not see that it is likely to introduce any very great changes either in the principles or proceedings of the Government. The latent object of the institution is, probably, to get rid of the Ministerial Council established by Mr. Zea; no allusion is, however, made to the latter, in the decree which thus supercedes two of these high State Corporations, without naming either. Some of the most considerable members of Mr. Zea's Council are transferred to the new one, including the President, Gen. Castanos, a person much respected by all parties, and of known liberal sentiments. He told me, yesterday, that this was the fifth Council to which he had been called, as they were successively instituted. He does not appear to anticipate any very important consequences from, the innovation.

There are some things, however, in the decree, and in the composi tion of the Council, which may be construed into indications that the measure has been taken with a view to a more careful consideration of the great question of America. Among the members named who, exclusively of the Ministers, only amount to fourteen or fifteen, are the Archbishop of Mexico, the Viceroys of Mexico, Venegas, and Apodaca, under new names. the Duke de San Carlos, an American, and Father Cyril, who has been in America. The last is considered the ablest man in the Council. It is worthy of remark, that none of these, except San Carlos, were of the old Council of State.

General Castanos is friendly to the recognition of the Independence of America. Provision seems to have been made in this way for bringing into the meeting a great deal of positive information upon American affairs. The decree also mentions that this question is one to which the attention of the Council is to be particularly called; and speaks of it in terms which will bear a favorable interpretation, although they do not necessarily require it. Among other things deserving consideration, are enumerated the weighty affairs of the colonies in America, "which are endeavoring to separate from the mother country, by a 26 necessary effect of the dangers to which the Crown has been expo"sed." To acknowledge the necessity of the separation on any account, seems to be a large step towards the acknowledgment of the new States, and to call the effort to separate, a necessary effect of the latè political crisis, is, perhaps, to give the best possible justification of it. The passage may, however, be interpreted in a different sense; and there is, at present, no other evidence of any recent change on this subject, in the disposition of this Government. The French news. papers abound, as usual, with accounts, apparently authentic, of constant efforts made here by the foreign Powers, especially the British Minister, in favor of the Colonies; but these accounts are also, as usual, without the slightest foundation. Mr. Lamb and myself converse, habitually, on this subject, with perfect freedom, and I am certain that he has said and done almost nothing for the Americans since I have been here; the others never interfere with the subject, excepting, perhaps, the French Ambassador, who has recently arrived, and with whose proceedings I am not so well acquainted.

I lately read to the Duke del Infantado a part of a letter I had received from New York, which spoke with great confidence of the probability of an early and successful attack upon the Island of Cuba, by the Mexicans and Colombians. The intelligence evidently made an impression upon him. He asked me, among other things, as he has done before, what security there would be for the possession of Cuba, in the event of recognizing the Colonies. I replied, by stating the general reasons why they should not wish to separate. It has sinee occurred to me that the Duke, by his repeated questions to this effect, intended to intimate a desire that a guarantee for the fidelity of Cuba, should be offered by the United States, or by the Spanish American Powers. This was proposed directly by Mr. Zea to Mr. Nelson and to me, as a consideration for admitting our Consul at the Havana.