The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-10-17
ENQUIRER.
RICHMOND Z:
WEDNESDAY, OCTOBER II, 1904.
.||("~~" ~<I~o~c-r~~
VIEWS ON TIE RUByCON.
RICHMOND ::

sI..(% n ~(%"@ ~||c>rSr-r%>cIo(|1(C ~.ls
VIEWS ON TIE RUBIcoN.
WE will fuppofe, however, that the Court of
Madrid, notwithstanding thefe obftacles, fhcud
be dtipoitd 10 z,s1iure into war with the Uni
ted States. tits paf5ie that the national ipirit
fhould awaken from its long continued torpor,
or that ione energy of recruitment at the injutice
with which they may fuppofe then,ielves to
have been treated by the American government,
ihould 10 far overcome the fenfe of their own
weakness, as 20 ftimulate them to make every
exerton, and to meet every danger 1t is pof.
hbe that they may be determined TO act the part
of the mott independent and refolute nation
and that like France or England, they NAV
have determined on coming to no terms of ac-
commodation with us, which they themfeves
might not deem conducive to their own inte-
reits, or which the mott warlike nation might
not coniider as perfectly equal. The next en-
CURRY therefore which occurs is, are the means
OF pacihcation between the United States and
Spain completely exhaufteds Is there no
ground OF concefiion on which they NAV meet |?
Ii the American government cannot obtain all
that 1t demands, may it not obtain ai,noR all !?
Cannot 1t obtain 10 much as that without mate
rally nuring the American interefts, or difgrac-
ing our prctenhons to national fpirit and refolu-
ton, IT may be efficient to accommodate our
mutual differences, and preferve us from the
calamltieS of war? 1t is my humble opinion,
that there were other means of reconciliation
between the two countries, which our govern
ment might have propofed TO Spain, or which it
might have accepted from Spain. 1t is hope,
therefore, which L cannot yet relinquifh, that
theie means of accommodation may have been
adopted oy our government; and that confe-
quently the chances OF war between the two
nations, are not as great as what we might have
inferred from view of the original fources of
diilention.
We have already feen that there are two four
ces OF difference between Spain and the United
states lit. The Eaftern Boundary of Louiiia-
ma, and 2diy. The Ratification OF the Conven-
ton OF 1902. On the firf point, Spain con-
tends, that Louiliana does not reach beyond the
Miiiiiilppi: while we contend that it itretches
as tar as the Rio Perdido, or the loft Rver-On
the iecond point Spain demands-Ift. That ihe
may be allowed longer period previous to the
hitting OF the commiliioners, for the purpoie OF
appnhng her iube6ts of its ratification and
2dly. That the 9Th article, which leaves unde
termined, and thus indirectly functions the
Claims OF the American merchants for captures
made by French cruiZers, and fecured by con-
oemnation in Spaniih ports and by Spanifh tri-
bunas, ihould be expunged. &c Refgn your
which will elapie before the fitting of the COM
miiiloners, and expunge the 9Th article of the
convention, are coniequently the terms on
which Spain Is difpofed to treat with US. " Ac-
knowledge our right to the territory which ex-
tends as far as the Perdido river, and ratify i'm
medlateiy the convention of 1902 20 thefe are
the requititions which are made by the Ameri-
can government. Is there no middle ground on
which the contending parties may meet? be-
comes, therefore, mott nnportaps-
Is , there no part Of thefe reqpih.ic sb the
JuitIce due to Spain, as well as an enlightened
policy, fhould induce the United States to re-
tnqulih That there may be fome modifica-
ton In theie demands, will probably appear
from the following hatty reflections
lit: The demand of Spain that the 9th arti-
Gle OF the convention of 800 ihould be expung-
ed, is nodoubt incompatible with ifIiet jufice IF
the American merchants have right todemand
remuneration for captures made by the French
crulzers, and fecured by the Spaniih govern
ment, the Court of Madrid has no right to de-
mand that thofe claims lhould be reIinquiihed.
hat the American merchants have this right, is
eafily deduced from the acknowledged cuitoms
OF nations. a rate is not only liable for all the
illegal captures which are made by legally COM
miiiioned veiiels belonging TO her own fuheGts,
out ALTO Tor all captures which are made by the
iuo]ectS OF another government; and fecured by
any act of her own. Every fate is refponfbe
for Its own acts. AS fhe is liable for the CAP
lures made by her legally commilIioned cruz
ers, 6eeayle The herielf gave them this power, 70
a'io is The liable for any captures adudicated in
her own ports, and by her own tribunals, be-
eagfe II was by her power, that fuch acts are
done or fuffered to be done. This general law
OF nations may indeed be difpenfed with by an
express treaty: but it is not probable that fuch
treaty would ever be formed, becaufe il would
be contrary to the intere of both the parties in
fate OF peace, which would more than over
balance the advantages in a period of war and
II we refer to the treaty of San Lorenzo between
SPAN and the United States, we ihall meet with
no tuch dhpening claufe. Spain therefore would
nave been amenableto theAmericanmerchants for
the amount of theie captures, whether they had
been made by the legally commii6oned CRITTERS
OF France, or by licentious pirates. When then
The demands that thefe claims fhonld be furren-
dered, and that the 9th article of the convention
mould be expunsed, fhe demands more than is
compatible with juGtce, or with the intereits of
the United States, which it is TO De hoped will
mott generally be a neutral nation. This requ-
iition of the American government, therefore
cannot be boaorably or juftly furrendered: and
fhoud Spain refufe altogether TO make any
compensation whatever for thefe claims, fhe GER
tainly furniihes the United States with pIauf-
bic rights if fhe does not impofe on them "a