Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-04-17


New Orleans, Shall be settled by Joint com.
mission, as agreed upon in the convention 81
1902.
=. The lands IN East FLORIDA and in Yves,
Florida, and the rcTdido, to hc made ansWera.
BILE 10 tue United States for the amount of the
mdemnites which may appear 10 be due by
SPAN 10 American citizens, on the settlement
to he made by commissioners appointed accor
dag 10 the convention of 1902; il being at lie
option OF the United States To take the lands
ard pay the amount of the indcmnilies accor
ding to tie award on The claims, az 10 sell the
lands aud effect The payment with the proceeds
of the sales. IL this proposal you add, that
all grants at land subsequent TO the nth OF
August, icOa, are Ia be null and void.
). That Spain shall be eAoncrat.d from the
payment OF The debts, or amy part OF them.
Before L reply to these three proposals, l
must repeat the uniform declaration OF the
Spanish government To the United States, that
his catholic majesty is, and always has been,
ready TO settle the question Of mdemnities,
with view 10 the full satisfaction Of the inst
claims of the parties interested aud that lis
majesty has always manifested the same sincere
desire 10 settle dehHitively the question of
boundaries to the satisfaction CT both powers
and that il neither of these objects has been
accomplished, IL has not depended upon the
government of Spain. The contrary is evil
dent, beyond the possibility of denial, from the
othcial correspondence between his catholic
malestys minister of state, and the plenipo-
tentiaries of the American government, who
suspended and broke off the negotiation at
Aranjue2. after having obstinately refused to
accept the notifications founded on strict
justice, which were proposed by the Spanish
government.
now proceed TO state the most obvious and
essential difficulties which render your three
proposals for the settlement of indemnities
Inadmlssibe. L observe that in speaking of
them, you only mention the indemnity for
spoations suffered by American citizens, and
omit that which is equally due to Spapiards
tor spolations committed on them Ivy the
citizens and authorities of this republic, III
violation OF the law OF nations and the existing
treaty. also observe that you not only omit
this indispensable basis of reciprocity and
common justice, but propose The immediate
cession of both the fioridas, winch two Span
isli provinces are to be retained by the United
States, as an indemnity or payment OF what
may appear TO he due by Spain TO American
citizens, according 10 the arbitration of the
joint commission.
You cannot flii to admit, sir, that this pro-
posai, independent of its injustice, is offensive
to the dignity and honor of his catholic ma
JeSty. III is UNJUST, because it demands an
indemnity or anticipated payment of claims
yet TO be proved and liqnidated, while, at the
same time, IL prGtideS for no correspondent
indemnity or payment of what may he due by
the United States to Spanish subjects. 1t is
offensive 10 the dignity anr honor of Spain,
because, by the very fact of demanding this
want OF confidence iii the in
.egrity and pnnctuality in his catholic majestys
government, is manifested, whereas single
instance does not exist of Spain having failed
IN fulfilling her engagements, the most scIupu-
lous exactneSs, good faith and strict observance
OF the point OF honor having at all times inva
riably formed the distinguishing traits Of her
character. 1t, therefore, becomes niincc6 ssary
to point ont to you the enormous disprOpOrtion
between the value of the two Floridas and
that Of the probable amount of the claims of
American citizens ola The government OF Spain,
after they are ascertaIned and liquidated.-
! his dlsproportiOn will be still more enormous,
when you consider that, in the first of the
three proposals, 10 which am now replying,
is included the indemnity for spoliatioDs OH
citizens of this republic by Frepch cruizers
and consuls on the coasts and in the ports of
Spain, and by the tribunals of cessation in
France, confirming the condemnation of Anne
rican prizes.
IL has been proved to mathematical demon
that Spain neither is nor can be res
ponsible in any way for this indemnity. 1t is
France which must irresponsible, if she has
not already satisfied the claim, as her govern
ment assures she has done.
Nor can | omit TO declare to yon, sir, that
the pretenSion of annulling the grants of lands
in Florida, since August, 1902, would be in
opposition TO all the principles of Justice
These grants are made III lawful manner,
and by lawful authority. Spain was the own
er and peaceful possessOr of those lands. She
had then an indisputable right to make the
grants you allude TO, as she now has to the
property of the territory afterwards fOTcibly
tax en- possession OF by the United States, since
a violent dispossessiOn never deprives AN ind.
vidual or nation of their lawful rights | pro.
coed to your last proposal, which is, that on
the admission of those preceding, SPAN shall
be exonerated from all obligation 10 pay the
debts or claims, which may be due TO American
on their settlement and liquidation
by the joint commission. | conceive this TO be
the import of the expressions, stating that
. Spain shall be eXoneTated from the payment
of the debts or any part of them" This pro-
position is a cOrollaTy of the two preceding it,
since it Spain should cede the two Floridas to
the United States as an indemnity or compen-
sation for the losses and injuries done to the
citizens OF this republic, she would necessarily
be exonerated from this responsibility, the
cession being, in such case, equivalent to a
final discharge of the claims referred to. 90
farther. Surprising your two last proposals
for the definitive adjustment of the question
of indemnities to be admitted and carried into
effect, the one preceding, namely, that which
refers this business to The award of commits
siopers, to be appointed by both governments
agreeaby to the convention of 1902, would be
useless and contradictory. AS none of the
proposals offered by you, provide any indem.
NIFTY tor the losses and iiJuries caused to Span.
IardS, nor even makes any mention of them /:
and as by the two last proposals if admitted
the losses and injuries sustained by American
citizens, would be Unidentified and cumpen-
stated, according to the wishes of your govern
ment, and Spain would, consequently, be ex.
oneTated from all responsibility OIL this head
il is clear, that the business would then be
settled and cancelled, and there would be no
necessity Tor recurring to arbitration.
Finally, cannot refrain from expressive
my great concern, AT not being bic in any de.
gree to reconcile the proposals You have made
me by order of the President, with the inyio-
liable principles Of common justice and on
perceiving, that on tile part OF tue Unued
States, no basis is presented Of due recirro
city for the adjustment OF the differences npn-
ding, the said proposals beiag altogether mad
nIssible.
] repeat 10 You, Mir, that the king, my mas
ter, being DESTROYS to meet the wishes of the
United States IN respect 10 the cessinn Of il,e