Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-01-25
JACOB WAGNER,

idhSudSC.
JACOB WAGNER,
CHEF CLERK Depar.ment S'ets.
Here the Intendant begins by telling
us that the liquidation on the part Of Spain,
sro(e from m;icrable refeNy ihe was un-
desof soleraling the commerce of neu'rais,
and that that nfes1ity no longer exiting,
he proceeds 70 s.order that the privilege
of depofit allowed TO Americans, ihzll be
interdiSied.'' This is widely different
from the preamble Of the z2d article
There we find the Two contracting parties
declaring it their determination :" mta-
tire to give to their mutual commerce all
tie extfsfon and ffavor 7vb5fs tie Gds'0a.
tasrs at bath countries may ,egnie,' ard
then, in fur:hcrance of this intention, the
liquidation in queRion follows. Certainly
terms more broad and liberal could not be
deired nor hardly framed. And 70 far az
this may ferve to thew the dilpoGtion Of
the parties at that time, it becomes mate
rial 1t is laid down by Vaftel, p. 37I,
in his chapter en- the " Interpretation OF
treaties,'' as one general rule, that /" hat
contribution fhall always govern which
manifefly agrees with the intention Of the
contracting parties" and cbserves that
g it is hardly neceRary IN an enlightened
age, TO fay, mental refervations cannot &c
admitted" A, the time of making this
treaty, The Object expressly in The corr
temptation of the parties was to render the
mutual commerce of the country as favor
able to both as pollib!e: and among othe:
.raeafures as conducive to this, place Of
depoiir for the produce hoated down the
MifBGlppi, was found to be eacntial 10
the inhabitants of The weiteln country, <
allowed not to be difadvsntageous oopsin,
il was therefore granyed,.& New Orleans
was the place aliigned. But his Catholic
Maieay, in ordcrso guara againa The pei
faiiity of granting a privilege which, corr
trary to exiting appearances nigh, On
esp .riment, prove injurious, took cafe o
provide for fuch cafe, by relerving to
-himfelf fuficient time 10 determine whe-
Their it would or would not be !" prejudi-
cial to the intereRs Of Spain - on the 0.
Their hand, as it was not fuppoled rea{on
able that we ihould continue liaolc TO De
put to material Inconvenience whenever
the pleafore or interea Of Spain might die
tate, the term of three years was allowed
as being amply fafhcient for the purpole
contemplated on her part. In expecting
themielyes on this point, therefore, the
parties make ufe 0! the following terms
g His Catholic Majeay will permit tie
citizens Of the United States far tbe Pre-
of three pears from this time, to depoht
their merchandise and effects in the port
Of New Orleans, and TO export them from
thence, without paying any other duty
than a fair price for the hire OF flores.
Had it Ropped here, the Intendant might
be ccrrctt in laying the 2zd article fea
bis kazas 0gaiaf TIE continuance IF The !
toleraafr; but this is only the fiFif mem
Der Of the ienfence, and theie fublequent
words are wanting to complies the period,
g and bis Majeay promifes eifherso cor
sinue this permiflion, if he finds dwmg
fb0s tine, that it is no, Prejudiciai to III,
intereifs of Spain - here his Mdjsfy Isl
limired in his finding, expressly to thar
ffmc, the term of three ye4,s; the fenteocc
ben proceeds 10 tie Distinctive, or, i
ae-faould not agree TO continue il there :
# there is any doubt created by thefe far
elementary acr.ls, as contemplating f.
{ ure expreis agreement 70 be made ard &C.
clarsd, ii viii ariih by recurs.' 9 10 e..