Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-04-03

could only cede back To France what she had
received from her nor could she, moreover.
ado 10 the retrO-ceSSl on any other particular
TERRITORY of her dOmlnons, without eNpressiu~
or mentioning it, Louisiana was coded back
to France, such ds IL was received from her
and as she possessed il i'm 1900 and had nos
sesS. ii il since she lad acquired it, In fact. if
Louisiana. while in the hands OF Spain includ.
Cd no part of " est Florida. and ID Spain had
received no part thereofor of the other Florida
from France, how could she cede il back TO
France ur cede il without naming it, OF saving
n single word which could allude 10 this idea
Let rs therefore agree, that IL is impossible to
give an arbitrary construction To the second
clause Of the treaty oil II lldephonso, or 10 any
other than that which, il has ana ought 10 have,
in COMMISSION with the first clause, and with
the title aud the express object of that instru-
mont on cannot bnt be fully convinced, Sit,
Of this truth end on proceeding to the eNani-
inaIiomC Of the third clause, You will find w!at
1 have iust stated still more coniprehenSiveiv
aud c,oarly demonstrated. This clause saws,
-" aid q, Il ought to be after the treaties con.
Guided beiwoenS Spain aud other powers" The
only treaties 10 which tliIs clause could refer,
were the following
l. That of 1854, by which France coded .ou-
isidna TO Spain. In TINS treaty the eastern
boundaries of louisiana are marked by the
course of the Mississippi, aud next by the river
lborvillc, the lakes Borgne, Pontcha;tran, Il
Mamrepas. 1t was consequently proper here
TO recall what Was set forth III tins treaty. =.
That Of l7S3, between Spain and England, by
session and property of West Florida, which
she had CONQUER ed during the war, and ceded
20 her East Florida. 1t is very fit moment
10 recall the msiOiabihty OF this treaty, since
il is evident from it, that the Floridas are two
provinces independent OF Louisiana, absolute
il unconnected with, and distinct from il and
that they canic into the possession oil Spain By
very different titles, in consideration OF which,
one thing cannot he confounded with another
And the Sd is that ef i7o5, concluded between
Spain and the United States. As III this trea-
~ the frontiers between the United States "
the Spanish possessions are described, ana the
FioTidas named as provinces VIGOROUSLY
uncounccted with and distinct from L0UiSa-
na as bv il the ACKNOWLEDGMENT OF NatCheZ,
NogaleS, &c was effected and It Is therein sti.
pulated, that the navigation OF the NiSSiSSip
p shall he iree 20 tie Americans and tie Spa
naydS, and d place granted IN Favor Of the for
mer for their commodities on the banks of the
Mississippi, Tor which purpose New Orleans
was designated for the term OF three years;
il was consequently thought proper 10 refer 20
this treaty, dad show that lt,as well as those
OF 1864 aud 1853, is, aud ought TO be, in full
force and effect
You will perceive, sir, that the three clauses
stipulating The retro ce,siOn or Louisiana TO
France, cannot be more conclusive /; that they
are properly connected with and support each
other, By declaring and explaining the lntend-
ons OF the contracting parties, and the precise
nature and eNteut of their contract; so that Il
| is Impossible TO give another Interpretation TO
any OF the said clauses, "a that would place
them in contradiction with each other and
would. moreover, obscure the evident truth Of
facts, and involve monstrous violation OF
| public treaties. without excepting dat of
i17S, between France and the United States.
GDu doubtless bear III mind, SIT, that 10y the
Ctr article ct that treaty. france Solemniy en-
Cages never 10 acquire II est Fiorldd, or any
Dor tloH OF the territory ccded nv her TO Eng.
gland. 1903. How Then could she, al 1890, aG
quire Wet Florida o. any part OF II, even al
though tie treaty OF st. iriephonSo were not
La IN fiIo.A .fr
cesson Of q usiand, such as twas AZ that time,
aud as il has h cen since 1874 The uuderstan-
ding rejects ali doubts on points 50 clear and
evident. by tEe treaty OF 50. lldephonSo.
France herspIfunly received Louisiana, such
rs il was in tie hands az Spaiu, aud II was at
Ter lis cession bv France II is we'll known
that il is the act of delivery winch completes
the contract France was satisfied with what
was delivered to l. 81, and neither claimed nor
nretended 10 any t&ing more. " Ouid vie
French government under Napoleon, have
failed 20 claim tins additional territory, II ln
that treaty, there had Deen found Sing'e word
OF which il could avail itself or the smallest
preteXi for making the calm certainty nor;
France knew perfectly ", VI mat louisiana did
not comprehend a greater ,0tent OF territory,
and that ali was delivered ti.Nat Delonsedt 10 her
ut the time the contract was nade.
The French government it's ~, aiter the dls
pute arose between the Unit e" states ana
Spain, which is nov pending, dI'cidrediu two
Ofilclal notes, " that the eastern bCluhdrieH OF
LOUISIANA are pOlNtcd owl DN '"''ts'-
Of tie Mississippi, and the river Ibsrvi!Ie,
and the lakes POntchartrain ana S!"ilFe-
pas THAI Spain has coded back nothi1 S more
to France, nor had the latter right 10 hPtenn
to more and that having substituted ne =,
niied States IN their rights, they cOnldpre tend
10 nothing more in virtue Of the cession,' or
sale made to them OF Louisiana"
Tie i2th Of ffrUcteiOr, i2Ui year."
The eastern boundaries OF LOUISIANA are
pointed out by the course of tie Mississippi,
ana afterwards by the riYerlbcrville, the lakes I
POntchartrain and Maurepas This is tie /
line Of dcmarkajiOn which bounds the terrific /
~ coded by Spain 10 France, by the treaty of |
the 3Gth of NCuiOsc, ON year. Nothing beyond /
this limit would nave been asked forby France, !
and as she din nothing more than substitute |
the United States IN tic rights which size had |
acquired, they,cairnot require of spain more |
extensive cessiOn, unless such cesslon DC lego |
tated and stipulated between them and spain
by some further convention"
The Jfh Of GeIDnai, 18th gear"
This question could not become the sub |
lect at a serious discussion between spain aud |
the United States, eNCey the CONDITIONS Of tHe
treaties of cesSiDU, which have successfully |
transferred Louisiana To France and the Anne
IicaHs, were lost sight OF
spain could only Cede back 70 France the
territory she had received from her: jne right
OF France was afterwards transferred 80 The
United States, and it "assO only TO the same
extent"
II, notwithstanding this full and irresistible
demonstration, yOu should be Of opluiOn. sir,
that il is still necessary TO clear up !lts point,
let us have recourse TO France, that Sic may
afford all the explanations that are judged 10
he necessary OF useful, since nothing is more
proper than that she and Spain should know
10 what the treaty concluded at 81. iljephou-
so l. reduced, and they alone are competent 10
clear up any doubts that may have arisen ~ TO
the import of the expressions employed in the
said treaty. 1t Is nnquestlOnable Thai il agrees
with the principle generally acknowledged,
that when q law or treaty offers any DOUBT,
from the Olsen fity Of the words contained in
il, the party which made the law or the treaty,
Is the one which should explain tie meaning