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

yond the acknowledged limits of the United
States, until it shall be rendered expedient hv
friendly daeiGation and adjustments with
his Catholic Majesty
Upon the whole, sir, / have not been able
to discover the shadow of authority. ON The
ground of which the President issued this nro.
ciamation. He has recited none, amidst all
his ~recitals, and none appears to me but his
own mere viii and pleasure.
Ihe act 1 therefore cannot view in any O.
ther hight than an unwarrantable assumption
OF power and a violation of the constitution.
considering then, sir, this act of the exc
cuuye as illegal and unauthorized, we are full
iy at liberty to enter into the discussion of
the great questions of title and expediency /; a
task which will proceed to discharge TO the
sess o. 10 ability
Inc first | propose to e~xarnine il the title
ofthe United StaIes to the territory in oues-
ton With respect to this, | perceive. it un-
fortunately happens that honorable gentle
men who support the bill do not precisely ac-
cord in sentiment, The gentleman from Yer
mont lMr. Bradley has frankly conceded
that the United States acquired no title un-
der the treaty Of st. Hdefonse. Another gen.
tleman (Mr. Smith of Md has declared that
the United States did derive a title under that
treaty and disclaims the title set UP by the
honorable gentleman from Vermont. shall
not undertake to decide which of the two gen.
tiemen is right, If either be, but shall con
tend and humbly expect to prove that both
are wrong.
What is the nature of the title set UP by
the gentleman from Vermont Mot under
the treaty, he has candidly owned, but he
supposes a title to exist on the ground of cer-
tain quaint principles ofthe common law, re-
lative to the doctrines of estoppl and occH-
pancy. am extremely happy, sir, to find
that honorable gentleman introducing the
common law as authority upon this floor, es-
peclaily on SO great an occasion. His doc.
trines certainly evince both research and in
genuity, and shew that he, like many with
whom he acts, has not absolutely lost his We
n~eration for the black letter. What are his
doctrines? Why in the Grst place, he says
admitting that Spain did not ccde Florida te
France by the treaty of ST. Ildefonso, and ad
hitting that France had no title to Florids
on the 3Oth of April, 1908, when she cedes
Louisiana to the United States, yet, as Franc,
has since acquired a title to the crown o
Spain and her colonies, and as the Frencl
plenipotentiary, when the treaty of Goth o
April, 1908, was executed, did state and in
duce the American ministers to understand
and believe that Florida was comprehendet
in the ~cession, why the title, though France
had it not when the treaty was singed, yet
having it subsequently, Immediately attach
ed in the United States, and France is estop
ped from saying any thing to the contrary
This argument, sir, begs every thing: LIST
That the declarations on the part of the
French minister were made; 2dly, that be-
ing made they would operate to pass the title
contrary to the express letter of the treaty
and lastly, that france has acquired a good
title to the crown of Spain and her colonies.
| will yield to the gentleman his first propo-
sition and grant, as he seems to desire it,
that these representations were made-and
what do they provep Not that the title pass
ed, but that the French minister was too
deep for the American plenipotentiaries, and
to use a jockey phrase, took them an. Sir,
the only legal effect of such a fraud would
be. to vitiate the treaty-to annul the con-
tract. France, to be sure, would be bound up
on principles of equity to refund the purchase
money.
Ifthen, sir, ! am correct in stating, that
no conversation or verbal declarations, how
ever fraudulent, would operate to c~ontroul
or vary the plain letter and intent of the trea-
ty, as appearing on the face of it, then upon
the gentleman's own acknowledgement no
title to Florida could have passed to the Uni
ted States under the treaty of 1908. For the
gentleman has unequiyocally admitted that
Florida was not ceded by Spain to France by
the treaty of st. Ildefonso, and France, it is
admitted on all sides, by the treaty of 1908,
only coded to the United States Louisiana,
as fully, and in the same manner she acquir-
ed it from Spain by the treaty of St Hdefon-
so nor, sir, can | admit that France has
acquired a legitimate title to the crown and
colonies Of Spain which must also appear be-
fore the gentleman can avail himself of bis
argument. What, MIR. President, is the ma
ture of this title Was it obtained bona tide