constitution as the law directs; and negotiations with Spain, for forming a treaty of alliance, together with the anxiety which generally prevails, in regard to what may be the result of the deliberations of the Congress at Verona, all conspire to afford an apology for the delays above referred to." "Mr. Correa was appointed by the King to negotiate a treaty with me, of which I was informed by the Secretary of State, on the 20th day of October, but having been elected a member of the Cortes, he declined the appointment, and although the Secretary of State assured me that some other person would be soon appointed, no appointment has yet been made."

Extracts of a letter from General Dearborn to the Secretary of State, dated

LISBON, January 30, 1823. "I embrace the opportunity of adding to my other communication, by informing you, that I have had two meetings with the Count da Lapa, who has been appointed Plenipotentiary on the part of Portugal, for negotiating and completing a commercial treaty with the United States; and having exchanged our full powers, a conversation ensued, in which, the Count expressed sentiments fully according with those heretofore expressed by Mr. Pinheiro, Secretary of State for foreign Affairs, as noticed in the letter I had the honor of writing to you, on the 13th of December, which induces a reasonable hope, that a satisfactory arrangement may be effected; but I am not without some doubts as to its being the real intention of this Government to conclude a treaty immediately, although the Secretary, but a few days since, verbally assured me, that there existed no obstacle in the way of a speedy conclusion of such a convention or treaty as would be mutually satisfactory. It must very soon be ascertained, whether words and actions so fully correspond as would be de

sirable.

"We shall have another conference within a few days, when I shall be able to ascertain, with more certainty, how our ideas correspond with each other. Having at his desire, furnished him with the basis and outlines of such a treaty, as would be satisfactory to the United States, he will, of course, express his opinion at our next meeting on the basis and outlines by me proposed, by which it may be understood whether we shall be likely to succeed ultimately, or not, in a satisfactory arrangement."

Extract of a letter from General Dearborn to the Secretary of State, dated

LISBON, February 20, 1823.

but I hope that, within a few days, my doubts may be removed. He does not appear to be in any haste, and I have an opportunity for the full exercise of my stock of patience.

Extract of a letter from General Dearborn to the Secretary of State, dated

LISBON, March 3, 1823.

since the 10th ultimo, when he agreed to make "I have not yet heard from the Count da Lapa, out the form of the first head of the treaty, and call on me within the course of that week; but, subsequently to our last meeting, a report was made to the Cortes, on the subject of the present existing treaty with England, particularly in relation to the article which stipulates that certain English manufactures should be admitted into Portugal, on paying a duty of fifteen per cent. on their cost. The report concluded by saying that, under existing circumstances, the Portuguese Government have the right to suspend the operation of the article alluded to, until new negotiations should be had on the subject. The report was sanctioned by a vote of the Cortes. I presume that the discussion of this subject, by a committee, and by the Cortes, has occasioned the long delay on the part of the Count da Lapa. By the abovementioned report, it appears, that negotiations have been going on between Portugal and Great Britain, for some time, with a view on the part of the former, of effecting such alterations in certain parts of the existing treaty, as would enable her to enter into such liberal and reciprocal commercial treaties with other nations, as would be acceptable. But it appears, by the said report, that England, as might be expected, is very unwilling to relinquish any of the exclusive advantages she now enjoys, under the present treaty; and I am persuaded, that this Government still finds itself embarrassed by certain stipulations in her treaty of 1810, with Great Britain, and that, to that source, the long delays I have experienced are to be principally attributed. I am satisfied, however, that the Government is very earnestly engaged in endeavoring to effect such arrangements with England, as may be necessary for preparing the way for a liberal and reciprocal treaty with the United States."

Extract of a letter from General Dearborn to the Secretary of State, dated

LISBON, March 24, 1823. "Our negotiation has been suspended for some time, and will not, I presume, be recommenced until the present unfortunate affair shall be decided."

Minister might be verified, until a counter revolution has been actually effected, and the King again restored to absolute power. It is very evident that the concluding of any commercial regulation with this Government, such as could be acceptable to the United States, will be procrastinated, so long as this Government shall continue to consider the friendship of Great Britain as essential to its safety. I shall endeavor, as early as possible, to learn the disposition of the King and his Minister, in relation to the renewal of the negotiations, and the probability of a satisfactory result."

Extract of Despatch, No. 10, from General Dearborn

to the Secretary of State, dated

LISBON, June 29, 1823. "I have now the honor of transmitting copies of my correspondence with the late Minister and Count de Lapa. I have not had any other correspondence with the present Minister of Foreign Affairs, Count Palmella, than that of receiving a note from him announcing his being the Secretary of State for Foreign Affairs, to whom I should, in future, address any communication I might have occasion to make to his Government, and my answer, together with a ceremonious' call upon him, and have no means of ascertaining the present disposition of this Government in relation to commercial arrangements with us, excepting the assurance of the King, which I noticed in my

last letter."

Copy of a letter from Mr. Dearborn to the Count de Lapa.

LISBON March 8, 1823. SIR: Being quite at leisure, I take the liberty of giving you an historical sketch of the pending negotiations between the United States and Portugal.

Considering the facts and circumstances set forth in it, combined with the recent report of a committee to the Cortes on the subject of the existing treaty with Great Britain, I cannot avoid being impressed with a belief that, owing to these or other circumstances, the present time is not considered as propitious by this Government for concluding such a treaty with the United States as has been contemplated; and as I am not authorized, nor inclined, to urge the conclusion of a treaty on your Government, I am induced to suggest, with candor, the expediency of an entire suspension of the negotiation, as preferable to such a protracted one as may probably extend beyond the term of my mission. I beg leave, at the same time, to assure you, that this frank communication is entirely unassociated with the slightest unfriendly feelings, or with any disposition to censure, or complain; being satisfied, as I am, that His Most Faithful Majesty and his Government are disposed to act, not only with good faith, but in the most friendly manner, to the United States. I renew the assurances, &c.

HENRY DEARBORN. To the COUNT DE LAPA, &c.

SKETCH.

Soon after my arrival here, I received information from his Excellency, Silvestre Pinheiro Ferreira, Minister and Secretary of State for Foreign Affairs, showing a desire on the part of His Most Faithful Majesty's Government for entering into liberal arrangements with the United States in relation to commerce, with a disposition for drawing closer the bonds of friendship between the two nations. After informing his Excellency that I possessed full power for negotiating and concluding such commercial arrangements, we had a conference, in which it was agreed that we should adopt for a basis of a treaty, the general principles of the late treaty, or convention, between the United States and Great Britain; and ultimately agreed, that each of us should make out a sketch of such a treaty, as would be in conformity with the convention above alluded to, and would be satisfactory to our respective Govtified of another meeting, for the purpose ernments; and within a few days I was to be noof comparing our sketches of a treaty; this was on the ceived information from his Excellency the Sec3d of September. On the 20th of October, I reretary of State, that His Majesty had appointed the Commandeur Correa de Serra, as a commissioner to treat with me. I immediately answered the note, and observed, that I should, with pleasure, meet the Commandeur Correa de Serra at I heard nothing from the Commandeur; and on such time and place he should please to appoint. the 24th December I received a note from the Secretary of State, informing me of the appointment of the Count de Lapa, as Plenipotentiary to treat with me. In the mean time, I had a conference with his Excellency the Secretary of State, and informed him, that I had written to my Government to the following effect: That I had reason to believe, from the long suspension of the negotiations, that this Government found itself so embarrassed with the affairs of Brazil, the organization of the several departments of the new Government, with negotiations with Spain, and by the existing treaty with Great Britain, as might be considered a reasonable excuse for postponing the negotiations with me, at least for a time. I then observed to Mr. Pinheiro, that neither my instructions, nor my own feelings, would allow me to urge his Government to a conclusion of a treaty; and that I had not made the statement to my Government by way of complaint. Mr. Pinheiro explicitly replied to my observations in detail, and declared, that neither of the circumstances I had mentioned, formed any obstacle to the conclusion of the proposed treaty between Portugal and the United States; and that the Count de Lapa would, within a few days, recomnience with me the negotiations. The Count very soon called on me; and, as was proposed by him, it was agreed that the conferences should be held at my house. A day was appointed for the exchange of our respective full powers; and after the exchange of powers, a day was agreed on for a conference, and I, at the same time, delivered to the Count my sketch of a treaty, and on the tenth

of February had a meeting, and discussed the subject generally, and mutually agreed to adopt the sketch I had made out, with some unimportant exceptions; which exceptions we agreed to and minuted. The Count de Lapa having proposed a regular division of the treaty into three heads, to wit: Navigation, Commerce, and Persons, I made no objection, and he agreed to make out the form of the first head, which he proposed showing to me in the course of that week. It is now the 8th day of March, and I have not had the honor of hearing from the Count since the 10th of February.

HENRY DEARBORN.

The Count de Lapa to Mr. Dearborn. The undersigned has the honor of informing his Excellency General Dearborn, Envoy Extraordinary and Minister Plenipotentiary from the United States, of His Most Faithful Majesty's invariable desires for the conclusion of a treaty with the United States. The same reasons that have been expressed to H. E. of there being no difficulties to its conclusion subsist, and the state in which the negotiation may be considered to be, is an incontestable proof of it. The good faith with which His Majesty praises himself, of corresponding to the sentiments of the Government of the United States, and its not urging for the brevity, have retarded the proceedings, where extraordinary concurrences have happened.

This frank declaration seems to the undersigned as answering the different points mentioned by His Excellency in his letter and historical sketch of the negotiation.

The undersigned avails himself of this opportunity to renew the assurances of his particular esteem and perfect consideration.

THE COUNT DA LAPA. LISBON, March 12, 1823.

[The original of this letter is in English.]

the pending negotiation with Great Britain, or from any other consideration, a temporary suspension of the negotiation between Portugal and the United States would be convenient to the Government of His Most Faithful Majesty, the underdersigned will readily acquiesce in such a suspension.

The undersigned renews to his Excellency the assurance of his high consideration and particular esteem. HENRY DEARBORN.

[TRANSLATION.]

Mr. Silvestre Penheiro Ferreira to General Dearborn. The undersigned, Minister and Secretary of State for Foreign Affairs, having before him the note of General Henry Dearborn, Envoy Extraordinary and Minister Plenipotentiary from the United States of North America, under date of the 18th of last month, takes pleasure in repeating to His Excellency what he had verbally the honor of affirming to him twice before, when his Excellency made him the same request; besides what a short time since the Count de Lapa had orders to repeat, in answer to a letter which his Excellency addressed to him upon the same subject, dated the 8th of March last, agreeing in this point entirely with the Government of the United States, in regard to the importance of the treaty in question.

The undersigned, on this occasion, renews to sideration. his Excellency the assurances of his perfect con

S. PENHEIRO FERREIRA.

Office of the Secretary of State for Foreign Affairs, May 2, 1823.

Extract of a letter from Henry Dearborn, Minister Plenipotentiary of the United States at Lisbon, to the Secretary of State, dated

LISBON, July 15, 1823. "Having obtained no satisfactory information

Affairs.

LISBON, April 18, 1823. The undersigned, Envoy Extraordinary and Minister Plenipotentiary of the United States, near His Most Faithful Majesty, having very recently seen what is stated to be a decree of His Most Faithful Majesty, dated March 12, 1823, relating to the treaty of 1810, between Portugal and Great Britain, and particularly to the fifteenth article of the said treaty: The confidence which he has, in the candor of his Excellency Mr. Penheiro, Minister of Foreign Affairs, induces him to take the liberty of asking his Excellency whether this decree, or the pending negotiations of the new treaty between Portugal and Great Britain, referred to in the decree, will interfere in any manner with the negotiations respecting the treaty between Portugal and the United States, which has been proposed, and to a certain extent mutually agreed on.

If, from the above-mentioned decree, or from

disposition in relation to commercial regulations, I addressed a note to the Marquis of Palmella on the 8th instant, a copy of which I have the honor of enclosing, (No. 1;) and on the 12th I received an answer, a copy of which is also enclosed, (No. 2.)"

No. 1.

Mr. Dearborn to his Excellency the Marquis de Palmella, Minister and Secretary of State for Foreign Affairs to His Most Faithful Majesty.

SIR: Presuming that your Excellency has been made acquainted with the measures which have been pursued in relation to a commercial treaty between His Most Faithful Majesty and the Government of the United States of America, and of course, with the basis and principles agreed on by the Count de Lapa on the part of His Most Faithful Majesty, and by the undersigned on the part of the United States: The undersigned will esteem it as a favor to be informed, as early as

may be quite convenient to your Excellency, what may be the present disposition of His Most Faithful Majesty's Government, in relation to a completion of such a commercial treaty between the two countries as has already to a certain extent been mutually agreed on.

Be assured, sir, that it is with the greatest pleasure, that the undersigned embraces the present occasion for presenting to your Excellency his most respectful and friendly regards.

HENRY DEARBORN.

[TRANSLATION.]

The Marquis de Palmella to General Dearborn. The undersigned, Counsellor, Minister, and Secretary of State for Foreign Affairs, having received the note which, of the date of the 8th instant, General Henry Dearborn, Envoy Extraordinary and Minister Plenipotentiary from the Government of the United States of America, addressed to him, relative to the intended commercial treaty between His Must Faithful Majesty and the Government of the same United States, has to answer His Excellency, that the present events not having yet permitted a full investigation of this business to be made, the undersigned will, as soon as possible, apply himself to it, and then will have much satisfaction in inviting His Excellency to a confer

Extract of a letter from Henry Dearborn, Minister Plenipotentiary of the United States at Lisbon, to the Secretary of State, dated

"LISBON, July 21, 1823. "By the request of the Marquis of Palmella, I waited on him on the 15th instant; his manner and deportment was pleasing; he observed that he had been so constantly occupied with business hitherto, as not to have had it in his power to examine the correspondence in relation to the proposed commercial treaty between Portugal and the United States, but that certainly he would attend to it very soon; and that whatever commercial regulations might be framed between the two countries, to be useful and durable, must be perfectly reciprocal; and that he thought the late treaty between the United States and Great Britain a good model."

Extract of a letter from Henry Dearborn, Minister Plenipotentiary of the United States, at Lisbon, to the Secretary of State, dated

"LISBON, October 25, 1823. "Having received no intimations from this Government, of a disposition for recommencing negotiations for a commercial treaty, I begin to doubt whether any further progress may be ex

pected; but a few months more must afford sufficient time for either completing what has so long since been begun, or for ascertaining the real dispositions of this Government on the subject."

Extract of a letter from Henry Dearborn, Minister Plenipotentiary United States, at Lisbon, to the Secretary of State, dated

LISBON, November 7, 1823.

"The vessel by which my other letters will be conveyed, not having sailed, I have concluded to profit by the delay, by writing a note to the Marquis Palmella, as my probable last effort for drawing from him the real disposition and intention of this Government, in relation to a renewal of the negotiation for a commercial treaty; a copy of which note I have the honor of enclosing. I hope I may receive his answer, before the vessel sails, so that I may have the honor of enclosing it with my other letters; if not, I will forward it by the earliest opportunity:"

General Dearborn to the Marquis of Palmella, Councillor of State, Minister and Secretary of State, for Foreign Affairs.

LISBON, November 7, 1823.

SIR: Several months having elapsed since your Excellency was pleased to say, that you would, as soon as possible, look over the papers relating to the commercial treaty, which had, to a certain extent, been mutually agreed on, by the Count de Lapa, on the part of His Most Faithful Majesty, and myself, on the part of the United States, and that you would give me early notice of havyour ing examined the subject; and your Excellency was pleased to express an opinion that a treaty, on the basis of our treaty with Great Britain, would be most desirable; I at the same time informed your Excellency, that my Government did not wish me to press this Government on the subject of a treaty, but if it should find it inclined to enter into literal and reciprocal arrangements, to show an equal desire on my part, for forming a treaty on the basis of the late treaty between the United States and Great Britain. I have, therefore, waited for a communication from your Excellency, as proposed at your last conference at your Excellency's office; but not having received any intimation of a desire on the part of His Most Faithful Majesty's Government to renew the negotiation, I conclude that I may now with propriety state to my Government that there is very little, if any, probability of effecting any commercial arrangement with this Government within the probable term of my mission. My motive for communicating the foregoing observations to your Excellency, is no other than that of merely placing the subject once more before your Excellency, in a plain and candid manner, free from any complaint on my part, or a disposition to urge the renewal of the negotiation.

I renew to your Excellency the assurance of my distinguished consideration and respect. HENRY DEARBORN.