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

AT the same time embrace whatever may be
stipulated by this particular agreement.
You may perceive, sir, that the mode pro-
pose is the msst simple, just audproper, ior ac-
csmpliShipg the negOtiauon TO be entered up
on, and is that which was adopted by Mr. Err
wing. the minister OF the u. States, in his note
OF tie 26thOi August, 1916, in which lie inform
ed his niIleSty's government that he wasieadN
to enter into tail and frank discussion OF AL
the points in dispGte, and pledged himseltthcic-
10. Is nothing iurtierias since been dOue on
the part OF Spain, than 80 transfer the ne.otia-
ton TO Washington, the same reasons subSist
whicl; then dictated the iuconteStible proprie-
" and necessity OF reSuniing the discussion
reasons OF which NOu are doubtless fully con.
WINGED, rs they are rot 10 be cOmbdtted BY AMY
explanations, when examined with good faith
because they are selEeVident, and identified
with the s0undeSi principles efjustice.
As ia consideration OF these reasons and
principles, hope yoW will have no objection
10 agree to "A suCCinCt examination Ga The queS-
ton OF boundaries. aud 10 a rational aud iair
inquiry into the titles and grounds on which
each government rests lis tights and preten.
Slons. The natural order seems 10 require
that We should begin this examination and
inquiry with what relates 10 the eastern bOun
dhlieS OF Louisiana that, after establishing
them as they ought 10 be, we may proceed 10
examine and establish, ~ like manner, those
which regard the western II being. Ueverthc-
less well understood, tiat neither by this act,
nor amy one whatCs, Of those which Contrl-
bute 10 produce tue present negOilatlOn, il
shall lie inferred, that his catholic majesty
reEOuuCeS. III any manner, the right nc has, OF.
may have, 10 reclaim against the nOn-tuitilment
OF the treaty Of ST. ildephonsO, concluded
between Spain ami France IN the year 1900
ahd against the solemn stipniItiOns contained
IN the additional articles OF the SAME treaty,
forming ar essential pat OF the contract be
tween the two nations
Ahs boundaries OF Louisiana, on that side.
Join those Of West Florida, and are so precisely
established and fixed by public treaties that
! i In nj nan
si>t in the opinion that Louisiana ought TO be
extended. by lhs Spanish province, 10 the
RIVER Perd'dO. II, however, the imagination,
reSorting 10 speciOUs Subtleties and abstrac-
tons, carries MS back To the period when
France formed settlements on the left of the
l;iSSisSlppI, and possessed what arc now two
distinct provinces, namely Louisiana and West
fiotdA, Nihl the certain and lncOntestable fact
viii follow, that Spain acquired neither Of the
tioridas from France. That power, while in
possession OF those territories, as she was until
1868, might name them agd point out their
respective limits as she thoGght ft. That is
quite unInportant to tic present question. II
Is certain, that by the treaty OF 1868, France
ceded 10 England all the territory possessed
by her TO the eastward of the Miss isippi, with
t"e exception OF the island Of OrledCS ; andlt
is also certain, that England unite I, as her
own, from that year, the same territory TO Flo
rida, which, by the same treaty, Sp ain had
ceded TO her; and dat, having added thereto
the district and port OF Pensacola, she called
~ w est ftOliud, ny winch name, ana no Ofjler,
IL has ever since been known. In the war of
l7IO, Spain conquered the said territory OF
west Florida from England and this rish OF
conquest was afterwards secured by solemn
treaty, betv cen England and Spain, i'm Sep
temher, 1888. 1t is by this title thht West
Florida belongs urtii the present day, TO Spain,
IN addition to East Florida which was also
cedci 10y Tie said treaty. Its evident then,
nat SPAN neither acquired or received from
France either OF the Foridas, but that she ac-
CURED them both of England in 1888, classed
As two distinct provinces, and universally
known by the names of West Florida and East
FLORIDA she has, from that period, possessed
them separate and dstiHct, without having
even coniounded either of them with Louisiana,
either Ia whole or in part. They are laid down
oiSiinci and sepai ate, IN the maps, charts, and
biographies oi all nations, from the year 1908,
10 the present daV. In all the public acts and
Instruments which speak OF them they q ppear
distinct and separate, as they do in the differ
ent treaties ia which obey are mentioned.
IhiS being the case, how can your govern
mcnt St,lI maintain its OpinicH The united
States acquired Louisiana irosl France. such
as she mad acquired il from Spain by the Treaty
OF -. iidephonso. In tins treaty nothing IS
Stipulated bur The Ietro-cesSi1u OF Louisiana
nor IS there a single word in the whole treaty
that bears tile most distant allusiOn 10 VI est
FLORIDA, which is the object 10 which the dis
pute Is reduced i'll that quarter. The clauses
OF TIE treaty are clear, precise. and cOnClu
sve they iiX the sense OF tie stput. ton in.
cloaS Constructions ine very title given to
that treaty by the contracting parties, at once
pointed out the territory restored by Spain to
France, IN exchange for tie Kingdom Of EtTu-
RIA The title says, RetIo-ceSSiOn Of LOUISE
ana !; and the word retroceSSi0R' has not, nor
ever had any other Specification, IN the Spanish
or French language, than the act of restoring
10 an individual, or nation, flat *hch had
before been received from him, o. from IL SO |
that diflereat Specification cannot he given
20 this word (adOpted by the contracting par
ties 10 express the nature Of their stipuiatOn)
without changing the proper and genuine &C
Ctptdtion, in both languages, of the definite
tenn they have respectively employed, aud |
without substantially changing the intentions
which serve as the basis Of The contract.
TIE three clauses by which they afterwards
go on to fulfil this convention, agree perfectly
with the said title, and by supporting and |
explaining each other, they tx il III clear and
precise manner. The first ciausesays: That
his catholic majesty restores Louisiana to
france, with the same eSteut II had when pos
sCSSCd by Spain. IT Is well known that no
part of tie Fioridas, or other Spanish posses
siOns, was then included in louisiana, an
neXed TO it. At tat time Louisiana was, IN
the hands OF pain, precisely what II was when
coded by France, III virtue Of the treaty of
1901. In the same treaty its eastern boundaries
are marked by liDe running eastward from
ManCh5C point, thence following the course of
tie river ibeTVlile, and dividing the lakes
BoTgue, pUntChartrain, and HduIepas, and
iibally terminating at the Gull OF Mexico.
without leaving the smallest doubt as 10 the
true points Of the frontier. This is the terrific
~ which Spain retro-ceded to France, because
il is tie ODly one which she possessed under
the name of Louisiana. The second clause
agrees with the first and oppOriuntly declares
and fixes IFS impOrt.-It says " and with the
same extept it had when possessed by France"
expressions, which necessarily refer to the
period Of time which interviewed between tne
cesson, by France to England, ofihe territory
possessed by her Oh the left bank Of the Mssis-
fppi, and tie cessiou made by thc same power
TO spain, of Louisiana. As The first of these
two ccssions took place ~ The year 1868, and