Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-01-25
From the NEw- YORK EVENING Posi-.
PRESIDENTS MESSAGE.
No. VIII.

Treaty. And we lhall nov lee, whe-
,her upon tar contraction there has been
vioiafioa of i On the part OF Span, as
il has been denomina.ed in the memorial
of the fate Of Kentucky, and IN formal
refolosion oi the HouIe OF Representatives;
or whether, in the gentle phraieology OF
IRE PRECEDENT, it onghr only TO be termed
an iy,xgalar proceeding.
Tie 70 article OF The treaty, contains
the stipulation in quetsion, and is as ioi-
lows:
]" The two contracting parties, hop
ING that the good correspondence and
friendhip which happily reigns between
them, will re further increaied by this
treaty, and that it will contribute TO aug
ment their PROPERTY and opalence, zO'H
in fafn,e g'vs to tbeir matRai. commerce ell
rb. exfxasioa and tavoy qvbieb The al
s,0af4g<s at bot6 countries nay rsqxi'e.
Sc And in eonfequence of the itipulati-
ons contained in the 9Th article, his Ca.
tholic MajeRy will permit the citizens OF
the United States, for The space Of three
vars from this time, [Od. 18th, 1881
10 depofit their merchandise and effects IN
The por, Of New-Orleans, and to export
them from thence without paying any
other duty than fair price for the hire OF
tie ftores and bis Majefy promiies Ell
,hcr to ccntinue this permilion, if be
finds darfrg thar tine that It is not
rre,naicisl, % she intereds of Spain; or,
il he skaulasrot agree TO continue II there,
he viii align TO then, on another part OF
the banks 81 the Eslidlnippi an equivalent
.eitab,ilhment. /"
The article will fairly admit Of bu;
two conifruttions either that Spain has
the fail md complete term of three years
within which TO make the experiment,
whether the ycTm;tiion given is prejudici-
al 10 herintereifs, sc may, within a reas Y
nb!s'fine ot?erroards declareher election 10
aft On or another par, Of the banks q le
MiiIiGippi an equivalent establishments, and
20 .diicoc;inue the pefmifson 10 New.Or
leans, or, that fhe is absolutely bound TO
make her election, declare il and proceed
20 make-she alignment within the term OF
three years. The lat may be- ontended
for as rhe preferable contribution. frit,
beraufe more agreeabieto the deciiions at
common law. Without the parade and
pedan5ry Of citing Gales, we mall fate it
as an eRabliihed principle~-shat where
one is bound to do certain thing within
a given tine, he mutt perform frittly
within the time unleis hindered by the
other party, or. by inevitable accident,
and cannot avail himfelf of the advantage
afterwards. Secondly, the lat conitruc-
ton is 10 be preferred as being more def
mite and preciie, leaving no room TO ca
vii about days, weeks or months, which
might have led to ferrous eu,bar.aismen's.
We fhall not, however, here deiain she
reader By an elaborate attemptto eitabiifh
this contribution, iince, according TO Ell
ther, ccnaruttion i, fhal) be. fhewn there
has beenequaily qiolafisa OF the treaty
in two eiiensial particulars. We referve
a critical examination Of the terms en-
ployed in this article, till we come TO dit
cuffs the attendants proclamation. when
we fhall more conveniently difpoie OF the
whole fubjeft together.
The Intendant at New Orleans has dit
covered third contribution of the article,
which however extraordinary, may at
leaf plead the neiir of neceAity. Il fol-
lows, as tranaated from a publication
made in The Spariih language on the 10Th
OF October, and is tobe feen in the fol-
lowing
s" Is loag as u qras necessary to tole-
rate tho commerce ofnentrais, which is
now aboliihed, il would have been pre-
judicial TO the Province, had the lnten-
dant in compliance with his duty prt-usxt-