Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-04-14
Negotiation with Spain.
Documents transmitted to Congress by the
President Of the United States.
lcoNTINUED.
No. 7.
TRANSLATION.

No. 7.
1TRANSLATIoN.
Don I.uts de OHiS TO the Secretary of State
SIR-Having stated to yen in my notes of the
18th OF The last, and 5th of the present month
all that thought proper aud necessary OIL the
subject ofbomndaries, that we may ascertain,
discern aud fix with inpartiality, Justice and
good faith those which divide or ought 10 iii
vide Louisians from the Spanish possessions
situate 10 the east and west ct that province
acquired from France b., the United States
now proceed to discuss the different points on
which your government ionnds claims aeanst
those of his catholic majesty
AS this mattcrwaS sufficiently discussed(v en-
tiiado) and placed in the strongest light of evil
dence iy The Spanish government, in the notes
addressed byit to Mr.. Piuckuey, at Araniuez.
AID afterwards TO the American commission
composed Of that gentleman and MIR. Monroe<
aud also IN those which in the last instance " we're
aldi essed by 1t to Dir. Ewing, at Madrid I
shi.ll resume the subject brie;i, and precisely.
merely touching on the principal points of the
dispute, aud showing with simplicity and clear
ness, TO what the state of the ques ION is redu-
cet, and in what manner il should be fairly and
justly arranged.
diTide into two classes the points on which
youi government demands satisfaction and i'm
decentralization ofhis catholic majesty. The first
compartments the injuries, LOSSES and damages
suffered 10y American citizens from Spanish a u
fiiontles aud Subjects and those suffered by
the subjects OF the crown OF Spain from Amer
lean authorities and citizens The sc sond com
tanned by American citizens from captures
made by French cruizers on the coasts OF
Spain, and condemned by French consuls resi-.
ding in the Spanish ports. To this, the whole
question Standardization is reduced
The points embraced by the first class are as
follows:
LIST. The damages and injuries unlawfully
caused-by Spanish authorities and subjects on
American citizens; a. byAme rican authorities
aud citizens on the subjects of the crown OF
Spain, in violation OF the law Of nations aud Of
the existing treaty, during the war between
pain ana Great Britain, which terminated al
the peace OF 1891. IDLY. Damages and Injuries
sustained by american citizens, in consequence
OF the Interruption of the place of depositc at
New Orleans, by an order of the inteudant of
the royal treasury OF Spain, i'll the province of
LOUISIANA. 3diy. Injuries, damages and losses
caused TO citizens OF the United States by Spa
hish authorities aud subjects, and by American
authorities and citizens to Spanish Subjects di-
rcc'l: or indirectly, from the year 1891 until
t,ieperIod when the correspondent convention
between the two governments on all the points
embraced by the question of spOliatioas shall
b. concluded and signed.
Those which are comprdhended i'm the first
point are acknowledged to be evidently found
ed on justice and to Carry them into effect
there exists ever since 1902, a convention stip-
ulated aud signed between Spain and the y.
States. You arc aware, sir, that the suspen-
sion of this convention did not originate with
his catholic ajesty's government. Hsmaies-
81 is ready to give full effect TO it and on The
basis OF that convention we can establish and
agree on what may be most Just, suitable and
expeditions, to make reciprocal Satisfac ton
Tor the Aforesaid injuries aud losses, cOmpre-
heudlug in the convention, to be stipulated
and signed Tor that purpose, all the injuries
and losses, respectively suffered, since 1901 TO
the present; because these two points only are
distinct IN point of time, but, as YOU are Der.
fectly aware, they are, in all other respects of
like nature, and therefore of equal rights
and Justice
Tie first and third points are consequently
10 be acknowledged as substantially forminsr
only one, subject to the examination and deci-
son OF the joint commission which is to deter
nne the necessary compensation, in virtue of
the c0nveGlion 10 De stipulated on the basis of
that OF 1902
The second point, namely, that of the sns.
pension ID The depOsIte al New Orleans, might
be omitted. You are aware, sir, that il lasted
but Il very snort time, and in the depth of win
Ter, when the expectation OF The produce OF The
western states was very incOnSideTabe, ~ very
hazardous aud difficult; that. moreover, the or
der of the intendant produced TO Utheriuconve.
nience to the American citizens than ;he trifiug
one of loading IN the stream, instead of laying
their boats along the quay at y. Orleans; y that
the said order OF the intendant was AN arb,tra.
~ act, duly diSapprOVed Of by his catholic nIa
jtsty, and for which lac directed his minister
90 give suitable satisfaction TO the United states
in las royal name. Tile u. y. having received
il, Iris affair ousLt from that time to be cOnSid
cred a. terminated.
On tic Gllfef hand, you cannot but admit
that his catholic majesty not bound 10 con
time the depOste at New Orleans, after the
termination OF the precise period stipulated by
tie treaty of 1905, by Which his catholic males.
~ only agreed To designate another spot for
the said depOsite upon the banks Of the Missis-
STRIP. As this new spot was to he TO the salts.
faction Of tie UDited States, il was for them
&c point ont and ask for il. The suspension,
ordered by the utendapl, although highly dis
approved by the Spanish government, was in
Calpl auencG 0f tie scauddlOus cOntraband aud
abuses, by which, under cover of tile depOsite,
cn0r'uors frauds were committed on the royal
ICtelMc. by Tire treaty no provision as made
for this case, nOf vas there any stipulation re.
latiVe e. the time which was TO intervene DIR.
lug tit removal OF the dcp9sile from New Or.
leans TO another spot on the bank Of the Mis-
Si.sippI. or 10 tue internlc y epeuOd Detwcen
the suspension of the said dcpOsite, aud the
assigning another situation for il.
The gOS cFDmCnt Of SPAN was therefore not
bound 10 become auswcral,ie for The losses and
injnries eventually sustained by lie short in
tegluption OF the depOsIte since sucii ohliga-
tons could only grow out Of Tie stipulatiOuS
ct that treaty, which does not contain a single
word that has the most distant aiiHsion t. such
an obligation o. engagement Oh tic part OF his
catholic iadJesiy.
Notwithstanding these reasons. and various
others whiClti could adduce, To ptoyc that the
p9vprnncai Gl Spain cduuGt be bound TO make
satisfaction f0r the aforesaid LOSSES and damag-
cs bis catholic ni- esis Is disposed 10 yield 10
the reclamation OF tie lHieI States on this