Portland gazette and Maine advertiser., 1806-02-17

~ lCHch our CONFIDENCE
in truth, | cannot comprehend
what The preiident can call unfcttIcd
right; and itiIl lels, If he wifhes 70
apply il tLat part Of Wen Florida
comPrchenaed within the MifiGppi.
IberyiIle, the lakes, and the river
Perdido. The right Of this terrific
Try cannot be conGdered as unlettled
or doubtful ; for independent Of that
right ariflng from actual poIefhon
and from the treaty Of retrocefiion Of
Loulfiana to France, here is another
concluiive Circumstance, well known
to the American government, which
ought and mutt dif1ipate every doubt,
if any could exit on this lusiea.
The mott ditinguifhed civilians a.
gree, that the true interpreters Of
treaty, doubtful in any Of its claufes
or cxprefiions, are the contracting
parties themselves, when this can Dc
obtained. Spain and France, who
were the contracting parties in the
treat, Of retrocetiion, on which Is
founded that Of laIc, Of the Goth of
April, from whence the pretenGons
ct the American government emin-
ate, have explained it in the manner
already known to you, fir namely,
that It was not the intention Of Spain
70 cede 10 France more than fhe had
received from her, as the title and
word retrocefllon made ule Of there
IN clearly imply; and that France
never would have pretended or ho-
ped % obtain one inch Of land eaR Of
the MiiiiilPpi, IbervilIe and the
Lakes. The true intention Of the
contracting parties being thus ex-
preiSly manifcited, | fhall content
Imytelt By copying a fngle paragraph
from Vattei, among many other fim-
liar ones which | could produce frem
other civilians, in fupport of the
rights Of the king, my matter, OF
thiS iubje6t. In paragraph 274 Of
the; interpretation Of treaties" Vat
tel lays--" When We manifeRly fee
what is the fenie that agrees with
the intention Of the contracting pow
ers, II Is not permitted to turn their
words 70 contrary meaning. The
intention fufFiciently known furnifhes
the true matter Of the convention, Of
what is promifed and accepted, de-
manded ana granted. To violate
the treaty, is to 60 contrary to the
intention fuficiently m7nifefed.
rather than againit the terms in
which it IS conceived for the terms
are nothing without the intentions
throughout to dictate them" Ac-
cording to this, the petition taken
by the preGdent, il the fid para
graph Of his mefage, that TIE right
(no doubt alluding to the territorial
right was doubtful or unfcrtled, Is
inadn1ilIiale, and Of courie aIl the in
du6tions and coniequence5 he draws
from this fuPpoGtion, fall complete
~ to the ground. Be6des, whatev-
er alteration Or change might have
taken place in the territories of his
Catholic majelty could never have
been, as | have had the honor to
inform you, fir, but the effects. of
new plans Of frontiers, which the
retroce.Ion Of LouiGana would of
colrfe render neccHaTy or ellie IL
might proceed from the circumfan-
ces Of Spain's being engaged in
war with England but never with
a view to diitdTb the pence and good
understanding betwixt Spain and the
United States.
| The preGdent continues faying,
" ir-oads have recentIgbeen made in
to the territories cf Orleans and the
MiiitipPi; our citizens have been
Itized, and their property plundered
in the very parts Of the forrnrT, which
had actually been delivered pp BY
Spain, and this BY the regular Off
GERS and folders Of that govern
nlcnt."
I Although have not On this fub-
je2 more infornatioD, than thar re-
ceived through the american news
papers, whole accounts caunot b.