The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-01-12

fhtp,, COotuottsy Sel fOuNU u uy aNe0StoS
that the original treaty between France and
Spaia was dated in 176l. prior TO the settle
Inen, of the bne and the cessions to Great
Britain. But. unfortunately. he could not
produce one title ot authentic evidence to
establish his positions a position absolutely
regatived by the official letter to M. L'Abba
die. But that gentleman has further told us
that from the words " with the same extent
it cow. has in the hands OF Spain, and that
II had when France possessed it. and such
as it should be after the treaties subsequent
ly entered into between other states" an in
ten,ian may be raised to include Florida.-I
fully subscribe to the gentleman's rule. that
we mus give such construction to the trea-
", and particularly to the passage just re
ferred to. as will give effect If possible to all
the parts and this j apprehend, may be
done without having recourse to the forced
construction conteuded for. In the first
place the two first members Of the passage
may be reconciied and have effect by cousi-
dering them rs a twosold description OF the
same territory. From abundant caution it is
not uncommon to give various descriptions of
the same object Sometimes the name is
simply used, sometimes it IS described by
metes and bounds, and sometimes the names
of ,he adjacent countries. Sometimes a two.
fold aud sometimes a thrcefoid description
IS given And upon a critical examination
think it will be found that this is the nuiy
tue construction the instrument will bear
1t YOU give it the construction the gentleman
contends for, to wit, that the second menu
Der ct the passage is an extension of the
description given by the first, then the Sc
Cond inciues the first and of consequence
the FIRST would be nugatory and superiluous :;
Which would be doing violence TO the gen.
tleman's own rule of construction. But if
the gentleman will insist n giving to the
second member enlarged or extended
sense, il may be done by applying it to the
srestern boundaries of Louisiana il is
sad that when France coded Louisiana "a
Spain IN go, the country extended on the
west To the river Sabine and that Spain.
prior to the treaty OF 1890, detached from
Louisiana the terrirovy south of the waters
emptyiug into the Red river and erected il,
into a new province under the name of the
"Prcvince of Texas " Sir, the operations ON
che Sabine are manageable II is well known
how 0ysteriously they were suspended by
an arrangement in 1906. by which it was a.
greed that the Spaniards should not cross
the Sabines and that the Americans should
net exiepd their settlements as far as that
river. And for this purpose, 90 prevent COL
lisions. until the difference should be sat .
tied, instructions were given hat no SURVEYS
should be made west of a meridian passing
by Natchitoches.
1t the gentleman is not satisfied by travel
ling to the west, by going to the east he
may find an application---,he town and is
land OF New Orleans. which, tho named
In the cession 10 Spain, ate not named If
the treaty of retrocession TO France.
As to the Sd member of the passage. it Is
formal provision introduced INFO most tire a.
ties, and would be understood ifnot expires
sed. OfcOurse the cession would be subjec,
tec 9TH IT.,
Spain concluded treaty with the United
States, VIII rsby she agrees chat he nayiga-
ticn Of the Mississippi. in its whole breadth
from It's source III The ocean, shall be free to
the citizens of the United States, and tina,
.theE shall have tse right to deposit ihei,
merchanaize and effects in the port of New
Orieaas free of duty for three years, aut
after taat period, it the privilege IS not ex
tended az the port of New Orleans, she j.
TO assign to the United States, on another
part OF the banks of the Mississippi, an e
GniNaient establishment. To these provi
sious the clause in question apprehend re
fers.
The holding or Possession of I.onisisas
Is correspondent with he construction
have gwen the treaty. When possession
was originally delivered by France to Spain
Florida was not delivered CT considered any
part of the cessior. When Louisisna unde,
tnS treaty vi d. liuclONSO was restored II
France, Florida was MT delivered Wbe,
Louisiana under the treaty of 1908 vas de
Hvered TO the United States. Florida wa
not comprehended. Indeed the government
OF the United Sta'es then treated the countr,
or the,zvsst of the Mississippi, including tn,
town and island of New-Orleans, as III,
whole of Louisiana, by receiving it and pay
Inc the purchase money, which by the term
of he treaty they were not bound 10 do
aud which by the act of Congress creatins
che Louisiana stock they were not authorf
sed To do, till after full and entire possessio,
had been delivered.
Mr.. President, is it conceivable that after
the boundary in question had been establish
ed by the most solemn compact of nations
and consecrated by long and bloody war
and too by lapse of near 40 years---Is i
conceivable that the territory in question
excluded by that boundary, and raised intC
a distinct province under distinct nance
name it ever bore after the establishment,
of the bonndary---Is it, say sir, conceiva
BILE. if the parties meant to have included
this province in the treaty of st. Ildef.jnso
that it should not have been spec6call,
Damedt
Jhave now, sir, closed my remarks on The
question of title, and will proceed to cGnsi
der very briefly the only remaining ouesi
on-.hat of expedsncy.
1t woud be we'll for gentlemen to conside,
whether this measure is not a departure
frora the just and pacific policy heretofore
.-..zfueeoI -, the ~ - rs .ba