The Secretary of the United States for the Department of foreign Affairs, to whom was referred certain Papers communicated to Congress by the Honorable the Delegates of Virginia and North Carolina,

Reports—

That he presumes the Design of Congress in referring these Papers to him was, that he should report only on such Matters stated in them, as respect foreign Affairs.—

It appears from the Act of the Council of Virginia of 28th. February last, “that General Clarke hath made a Seizure of Spanish Property without any Authority for such an Act,” and that the Executive of that Commonwealth hath with great Propriety, directed such Steps to be taken “as may subject to Punishment all Persons guilty in the Premises.” They also ordered a Copy of the Act to be sent to their Delegates, that they might if it should seem expedient, acquaint the Minister of his Catholic Majesty with the Sentiments of the Executive expressed in it.1—

From the Temper visible in some of the Papers sent from the Western Country, as well as from the Intelligence they convey, your Secretary apprehends that the Period is not distant when the United States must decide either to wage War with Spain, or settle all Differences with her by Treaty, on the best Terms in their Power. But as his Sentiments on this Head have already been candidly and explicitly submitted to Congress, a repetition of them would be improper because unnecessary.—

He thinks that on the present Occasion the following Resolutions would be advisable Vizt.—

Resolved That the United States in Congress assembled learn with concern and Displeasure, that certain Citizens of the Commonwealth of Virginia, have in Violation of the Laws of Nations, and of the Peace and Dignity of that State, and of the United States, violently seized the Property of certain Subjects of his Catholic Majesty at Fort St. Vincennes

Resolved ^and^ that Congress approve of the Act of the Executive of Virginia, directing proper Measures to be Immediately taken for punishing the Offenders, and further that the Secretary at War be and he hereby is directed, to order the commanding Officers of Detachments in the Western Country, to afford the Government of Virginia such Aid as the Governor may from time to time require and specify, for keeping the Peace, and duly executing the Laws of that Commonwealth throughout its western Jurisdiction; and further that they be careful, on due Proof, to apprehend and deliver to the Government of Virginia, all such of the said Offenders as may be in the Dominions of the United States, without the proper Limits of either of the States.—

Resolved That although no Representations on this Subject have as yet been made to Congress by, or on the Part of his Catholic Majesty, yet as their ready Attention to whatever may affect the Friendship happily subsisting between him and them, will manifest the Sincerity of their Desire to maintain it, the Secretary for foreign Affairs be and he hereby is directed, to transmit Copies of this and the aforegoing Resolutions, to the Encargado de Negocios of his Catholic Majesty now here,2 and also to the Chargé des Affaires of the United States at Madrid.—

It appears to your Secretary ^to be^ most consistent with the Principles of the Confederation, and with the Dignity of Congress, that individual States forbear to make formal Representations or Communications to foreign Ministers or Powers, but through and by Means of the Federal Sovereign.

The papers communicated ^to^ Congress by the Honorable the Delegates of North Carolina,3 shew

That on the 6th. June 1786 Thomis Amis of that State arrived at the Natches on the Missisippi with sundry Articles of Merchandize which he purposed to carry down, and out of the River—And that he was stopped, and his Merchandize taken from him by the Spanish Officer commanding there.—

It is well known that Spain will not permit our People to navigate that part of the River which runs through their Countries, and such of them as make the Experiment must expect Consequences similar to those which Mr. Amis experienced.

Your Secretary is convinced that the United States have good Right to navigate the River from its Source to, and through its Mouth; and unless an Accommodation should take place that the Dignity of the United States and their Duty to assert and maintain their Rights, will render it proper for them to present a Memorial and Remonstrance to his Catholic Majesty, insisting on their Right, complaining of its being violated, and demanding in a temperate, inoffensive but at the same Time in a firm and decided Manner, that his Majesty do cease in future to hinder their Citizens from freely navigating that River, through the part of its Course in Question. Your Secretary is further of Opinion, that in Case of Refusal, it will be proper for the United States then to declare War against Spain.—

There being no respectable middle Way between Peace and War, it will be expedient to prepare without Delay for the one or the other; for Circumstances which call for Decision seem daily to accumulate.—

If Congress conceive that a Treaty with Spain on the Terms proposed is eligible, the sooner such Sentiments are communicated to your Secretary the better. If an Idea of obtaining better Terms should be entertained, the sooner that Question can be decided the better; and for that Purpose your Secretary thinks it would be well, either to place some other Negociator in his Stead, or to associate one or more Persons with him in the Business—any Manner of conducting it most advantageous and most satisfactory to his Country, will always be the Manner most pleasing and agreeable to him.4—

With Respect to prescribing a Line of Conduct to our Citizens on the Banks ^of the River,^ your Secretary is embarrassed. If War is in Expectation, then their Ardor should not be discouraged, nor their Indignation diminished—But if a Treaty is wished and contemplated, then those People should be so advised and so restrained as ^that^ their Sentiments & Conduct may as much as possible be made to quadrate with the Terms and Articles of it. Your Secretary cannot forbear to express his Solicitude that this very important and consequential Business may not be left in its present Situation—the Objects involved in it are of great Magnitude, and Effects must and will result from it, by which the Prosperity of America will be either greatly advanced, or greatly retarded. He also takes the Liberty of observing, that a Treaty disagreeable to one half of the Nation had better not be made; for it would be violated—and that a War disliked by the other half would promise but little Success, especially under a Government so greatly influenced and affected by popular Opinion.

All which is submitted to the wisdom of Congress.