Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1811-03-27

Such clauses save the trouble AID hszard oi
minute and particular reference, recital, and
4 description. Often also are they introduced
merely out Of abundant caution. They may
operate according to their import, object, and
use, either to restrict, enlarge, or qualify
grant or release. They are mt, however, to
be so interpreted, as to change the intent ard
import of express terms. Else by formal
and general clause, the precise and definite
terms of grant would be set aside. BY the
express terms of this treaty, the colony OF
Louisiana is retrocedcd with the same extent
it then had in the hands of Spain, and which
it had when France possessed it. We have
examined what was its extent at the PERIODS
referred to, and find. that it did not extend east
of the Mississippi, either when ceded by
France to Spain, or when reHoceted by Spain
to France. 1t is not supposable that such an
extension was intended to be given it by these
expressions-" Such as it ought. to be accord
ing to the treaties subsequently made between
Spain aid other States" The treaties here IN
view, if indeed any were actually taken into
view, could be only such a. were made subse
quent to the cession by France to Spain. And
the eastern limit, even at the moment OF the
retrocession, is fixed BY definite and precise
terms, by the Mississippi. But the territory
rctroceded, that is the colony or province OF
Louisiana, is TO be such as ii ought TO be &C.
cording 10 THE treaties, sc. The treaties
which alone under this clause can apply Or
have operation, must be such treaties as re-
late to the colony or province of Louisiana
a treaty which relates to West Florida and
East Florida, or to them respectively, either
when British provinces, or since when Spa
nish provinces under those names, are hot
Comprehended.
1t may also be noted, that the term sach-.--
here used, docs not apply merely to erlent, as
The term s:hich---beto!e used, did, Viz. srhich
e-ctent, sc. The expression is changed, and
the word such is introduced. The colony or
province OF Louisiana is retroCeded Such Us it
should be, sc. It ia qualification, embra-
cling all the circumstances, aud the whole con-
dltion which had III any way been given TO the
colony by Tie treaties that Spain had made, If
any there were which related to it, and il none
the words are imperative.
by our treaty with Spain, made on the 9th
October, 1875, and declared to be treaty Of
friendship, limits and navigation, it is proyiet-
ed, that the navigation OF the Mississippi in
its whole breadth from its source 20 the ocean,
shall be free 70 the citizeEs of the u States.
aid that they be permitted, Tor tic space OF s
years, to deposit their merchandise s effects
in tho port of Ncw-Oreai.S and his majesty
the king of Spain, promises eitilei to continue
tia, permission, Il he finds during that time |
that 1t is not preIuoitid to the interests OF
Spain, Or if he s.ould not agree to continue il
there, bS was 20 assign On another part OF The |
banks Of the Mississippi, al equivalent estab-
.ishment. Other provisions were also made |
i'll the tr>aty relative TO the conduct Of the
contracting parties towards, and their inter- {
course with, the Indians. BY these provisions,
important rights and privileges were secured
to the citizens of the L. S. and important du- |
ties and responsibilities assumed by SPAIN
They specially relate to the province Of Loui- |
siana, and 20 the exercise of sovereignty there |!
in whatsoever hands it might be placed. 1t |,
was qualification OF il both in respect to ma
vigation on the Mississippi, ard to the right |
Of deposit And when Spain, by the St. Il !
denfonso treaty, was parting with the terrific |
~ and sovereignty OF Louisiana to France, it |
we'll became her, as is customary with nations |
in such cases. expressly to declare and CONT |
hue tie obligation OF treaties when in one of !
ner treaties entered into subsequently, to the |
cession of Louisiana by France 10 her; so i'm
portant and essential modification or quslifi- !!
csion in the sovereign and territorial rights of
the countr. had been madc.---Con. Mirror.