Martinsburgh gazette. [volume] (Martinsburgh, Va. [W. Va.]) 1810-1825, 1811-01-25


retrocede, to restore, or, 10 use a term IamI
liar in the state | have the honor to repre-
sent, re-con0ey the colony Of Louisiana to
France, as it was when France conveyed 1t
to Spain. The honorable gentleman from
Kentucky (Mr. Pope pressed by this arga-
ment could not get round itby alledging that
the original treaty between France and Spain
was dated in 1901, prior to the settlement VI
the line and the cession to Great-B Britain.
But, unfortunately he could not produce one
title of authentic evidence to establish his po-
sition, a position absolutely negative by the
official letter to M LAbbadie. But the gen.
tleman has further told US thatfrom the words
" with the same extent it now has in the
hands of Spain, and that it had when France
possessed it, and such as it should be after
the treaties subsequently entered into be
tween other states" an intention may be
made TO include Florida. | fully subscribe
to the gentleman's rule, that we must give
such a construction to the .reaty, and par
will give eject, If possible, to ali the parts /;
and this 1 apprenend may be done without
having recourse TO the forced construction.
contended for. In the first place the two first
members of the passage may be reconeiled
and have effect by considering them asa TWO
fold 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, some
times it is described by Iletes and bounds,
and sometimes by the names of the adjacent
countries. Sometimes a twofold and some
times a threefold description is given. And
upon a critical examination think it will be
found that this is the only true construction
the instrument will bear. If you give it the
construction the gentleman contends for, to
wit, that the second member of the passage
is an extension of the description given by
the first, then the second includes the first,
and of consequence the first would be nuga-
tory and superiluous which would be doing
violence to the gentteman3s own rule of con-
struction. But ii the gentleman will insist
on giving to the second member al enlarged
or extended sense, it may be done by apply
ing it to the 1ceStern boundaries of Louisiana.
1t is said that when France coded Louisiana
to Spain in '62 the country extended on the
west 10 the river Sabine, and that Spain,
prior to the treaty of 1000, detached from
Louisiana the territory south of the waters
emptying into the Red River, and erected it
into a new province under the name of the
" Province OF Taxas." Sir, the operations on
the Sabine are memorable. 1t is well known
how mysteriously they were suspended by
an arrangement in 1906, by which it was a.
greed that the Spaniards should recross the
Sabine, and that the Americans should not
extend their settlements SO far as that river.
And for this purpose, to prevent collisions,
until the difference should be settled ~instruc-
tons were given that no surveys should be
made west Of a meridian passing by Natchi-
toches.
Ifthe gentleman is not satisfied by travel
ing to the west, by going to the east he may
find an application-the town and island of
N. Orleans, which, though named in the ces-
sion to Spain, are not named in the treaty of
retrocession to France.
AS to the Sd member of the passage, it is q
formal provision introduced into most trea-
ties, and would be understood if not express
ed. OF course, the cession would be subject
to prior treaties with other states. In 1895,
Spain concluded a treaty with the United
States, whereby she agrees that the naviga-
ton OF the Mississippi, in its whole breadth
from It's source to the ocean, shall be free to
the citizens of the United States, and that
they shall have the right to deposit their mer-
chandize and effects in the port of New7Or-
leans free of duty for three years, and after
that period if the privilege is not extended at
the port of New-Orleans, she is to assign to
the United States, on another part of the
banks of the Mississippi, an equivalent estab,
lishment, To these provisions the clause in
question | apprehend refers.
The holding or possession of Louisiana is
correspondent with the construction / have
given the treaty. When possession was ORR
ginally delivered by France to Spain, Flori-
da was not delivered or considered any part
OF the cession. When Louisiana under the
treaty of St. lldefonso was restored to France,
Florida was not delivered. When Louisiana
under the treaty of 1905 was delivered to the
U. States, Florida was not conprehended.