The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-10-13

niih ports, 70 they ought to- be decided upon at
a place where there eXIted the greaten chance
of obtaining the fullelt evidence that the treaty
OF San Lorenzo, having eitablihed finisar
commiilion at Philadelphia, Spain had, in her
turn, right to the fuccecding comn,i.lion be-
ing held 1t Madrid, to equaIife any incenyeni-
ence ariiing from diitance and finally that the
American government, having every thing To
gain, ought not to have futtered trfng local
..iiculty to over-rue their folicitude to oht ain
fubiantal jufice.
The limitation, in he third plsee, of the peri
Cd within which claims ihall be received TO
eighteen months, has been objected 10 /; but, ap-
parcntly, without an attentive confederation of
the nature of the proviGon. According to il,
the Publications ofthe convention are 20 be, in
she frit initance, exchanged. Cotemporaneous
With this act a PRONUNCIATION of the convention
'8onld undoubtedly take place, which of itfelf
would De iufficient notification to claimants.
Subhquent, however, to this, would be the ap-
Poinsmcnt of commissioners by each govern
rncnt, which would not take place until intina-
ton Of it had been made to both the parties
this would take at leaf two months. Suppof-
ing the appointment of commiifioners immedi-
acy to take place, and no time 10 be loft in fix
ing the time of their meeting, three months
more would, at the leaf, be confirmed, before
they could reach Madrid making, in the whole
five months, which added to the eighteen
months allowed in the convention, would make
term OF nearly two years, during which they
are to "receipe all claims 20 not, as has been
erroneoufly fated, decide upon them.
Is not then the term of two years ample for
the fole purpofc Ut receiving them Would not
the allowance ola longer term have tended in
juriouny to delay the ultimate liquidation? 1t
ought not to efcape notice that, although eigh-
tssa months are allowed for receiving claims,
there is no obfacle, created by the convention,
TO the settlement, at any time, of thofe prefer
red.
In The fourth piece the convention has been
condemned for not making proyifon for the in
Identification of property captured by French
cruifers, and adiudicatcd in Spanifl ports. There
can be no doubt of the juffice of our claims on
the Spanlh government for this fpecies of fpoii-
alton. But rs the benefit derived from it accru-
ed to France, and as the fan6tion given it by
Spain was unqueGionably coerred 10y France, it
IS probable that Spain thought it hard and une-
qiiitaoie to afford compensation fer which
France would not indemnify her or perhaps,
her object was TO gain time to make arrange
merits with France 10 relieve herfelf from the
eventual burthen of the indemnity and it is by
no means unlikely that ihe was emboldened to
purfue this courie by the inftruaions of Mr.. A
dams, andtheconfequenttrea treaty with with France,
waving all claims for French fpoations. So
clifton of Spain on this point, whatever merit or
demerit attaches to it lies at the door of the for
mer administration. Our government claimed
a full Indemnity. Spain agreed to allow par
tia! indemnity not being able to obtain more,
was it moi night to take all that could be got
Especially when this did not, as in the cafe of the
treaty with France, annul, or i'll the leaft inval-
date the claims for fpolatioDs made by French
cruifers, which are expressly reierved for future
adiu6ment
In the IaR place, cenfure is thrown OH the adj
miniitraton on account OF the circum!taI ces at
tending the ratification of the convention. So
unbluihinely attrocious has caumpy been on
this point that II has, III defiance of the cieare
expofure Of fats, charged the PRECEDENT with
having iuppreilcd the convention for twelve
months, and the republican 6de of the Senate
with having co-operated with him virtually to
render 1t nugatory, in order to wreak mean &
contemplate vengeance on our merchants.
The facts attending this tranfa6tion we long
hnce ftated, in the hope that the fafehoods then
propagated arofe from ignorance, and that they
would not, after fuch an e;ipofure, be repeated.
Events have, however, iliewn that in this chart
table hope, we have been disappointed. Thofe
facts, with others which it is proper now to fate,
are thefe.
The convention was Ggned at Madrid on the
eleventh OF Auguft, 1902. 1t was received by
Inc executive on the 9th OF November follow
ing, who early in the felton,, which commenced
IN the beginning Of December, laid it before the
Senate. In the mean time, the Spaniil Intend
ant at New Orleans fufpendcd our right of depo-
st at that place. The fenfation excited by this
aggreiiion is not forgotten. It's immediate eff
iects Were ,arciii2s, ,i,ile IFS ultimate effects
menaced the peace of the country. There
were not, indeed, wanting thofe, who denom-
mated the outrage an act of war, and under this
imprefiion the federal fide Of the fenate urged
with vehemence the taking forcibIc poffcfion of
New-Orleans. 1t was during thefe dfcuiiions
that the convention was communicated to the
Senate. a majority of that body was then re-
publican, but that majority did not amount 10
two thirds of ailthe members. The ratification of
treaty requires the concurrence of two thirds.
Although, therefore, the republicans command
cd majority, not having 70 large number as
two thirds, they had it not in their power to in
f'lre b. their votes alone the ratification of the
convention. They knew full well that there
fcarcely exiHcd ihadow of hope that the fede-
raj iide of the body, Whole object appeared to
be to inflame the exiting differences between the
two countries into Fate of war, would vote for
1t. It's diicufIion, forthis reafon probably, was
waved until towards the clofe Of the felton,, in
the hope that the right ofdepofit would be pre-
vlouiiY rehored. 1t is ncceiIary here to Fate
that as preliminary and incidental queaions ref