Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-12-21

Shose cossit!eraiionit mast be submitted |
before its ratification that our full pow
FRS never contain the solemn promise Of
The Huhon 10 ratiiy whatever The minister
shall conclude, but reserve expressly no,
only the usual right of ratification, but
the constitutional privilege of the Senaic
To give or withhold their assent 10 the
ratification without which assent, by a
majority Of two thirds of the members
present AT the vote taken after conside-
ration of the treaty, The President has no
authority 10 ratity. In withholding or
refusing the ratification. therefore, no
promise or engagement Of the state is
violated. But neither the same reason
nor the same principle applies 10 the
King OF Spain, who possesses the sole,
entire aud exclusive power Of ra'ifying
treaties made by his ministers, and Who,
therefore. by The promise, on The faith
and word OF King, 10 railfy whatever
his minister shall sign, commits his owl
honor and that of his nation, Ia tie iulfil-
ment OF hi, promise. This distinction is
we'll known and clearly recognized BY the
law of naiionst
The Spanish government cannot aliepe
either that MIR. Onis transcendrd his Sc.
crel instructions, or that the ratification
at The United States has been refused. or
That any unfair adj, antage val tak.u on
the part OF the United States ia The neco.
citation, or that Spain was not fully aware
beie"ei,aut, Of the full extern, OF the en-.
gaS'ments contracted by Mr.. Onis, IL
Us too well known, and they will not dare
todeny II, that M Onis' las Instructions
authorised him 10 concede much more
than he did; that those instruct ms have
been prepared by Mr.. Pizarro: that after
The appointment of the Marquis de Casa
Yrujo 10 the ministry, they were by him
submitted to the king s rounciI, and. with
their fall sanction, were Transmitted to
MIR. Onis; thai, both in relation TO the
grants of lands IN the Fiorioias and TO the
western boundary, the terms which he
obtained were far within the limits OF ms
Instructions: that il was known 10, and
understood by him, that the grants 10
Aiagon, Punon ROstrO ami Vargas, were
annulled by the treaty; that so fully Was
THIS his understanding, that, in his dis
patches TO his government, he pointed
oui 10 them means of lndemniiyimg those
grantees, for their disappnini men,, from
other lands. The government, of the u.
States, indeed, considered the modera-
tion and generosity of the terms to which
they had acceJed a. a pledge that they
would he received with pride and Joy by
The Spanish government. And SO, il will
noi be denied, they were IN the first ill.,
stance received by the king of Spain and
his cabinet. Ii, afterwards, from the nm.
expected extent of sacrifices which the
United States made, for purposes of con.
ciilation, and OF sincere amlty, Spain has
drawn The Inference that this temper NAV
be tritith with, and abused, il is proper,
and Viii bc j0st, that she should Je eff
tectually undeceiyed
Should The ratification be withheld. If is
presumed that some other reason than The
Importance at the treaty will ultimately
De assigned by Spain for Withholding II.
"hai That ."lii be, can al presen, only be
cohJeriureu. Ii the grants 10 the Duke
OF Aldg"n, and Count Punon Rosiro.
shoul' be assigned, IA forming the oh
Jecilon, YOU will explicitly declare, that
Tile United States have no compromise 10
make, aud Viii listen 10 none on that
subject. The inslnuaiiOn OF the MARQUIS
OF Casa Yruio, that those grants, by The
letter OF the eighth article, weuld be con.
hrmed. If dated before the Oath OF Jauu-
airy, 1918, VAS totally uniounded. Mr.
o.. knows that the whole of the eighth
article Vas finaiiy drawn up, as il stands.
with the express intention, declared b,
me-, and agreed 10 by him, TO exclude
them from confirmation, whatever might
be their daIes. Mr. Onis, on the first
project OF treaty, delivered on the sth
OF February, had drawn The article nm
such terms a. &" confirm all grants made
before The Oath OF January, 1918 II the
article had even been accepted by us in
those terms. II could only, b, all unworthy
deception, be pretended that ii covered
I'm. fr.. INF Mt a ta,,. a ID. n
because 1t had been explicitly agreed, OH
both sides, that they should be annmlled,
and because MIR. GUS, who alwa avs spoke
OF them as translucent grants, OF which
he was ashamed Tor his country, has re-
peatedly declared 10 me, thai he signed
the treaty without krowIns their dates.
but fully believing ih. m Ia he SUBSEQUENT
to the Oath OF January. IL then, the con
tlrmaiiou of the grants prior 10 that date
had been, as il vas first PROPOSED b,
MIR. Onis, positive aud unqualified, and II
The grarts had been completely made be.
lore that date, there nigh, be seme pre-
tence that they were covered by the
letter df The article, though by n,is,akr
common TO both parties, OF which JUS
and honorable government would drstiaiI,
To lake any other advantage than that al
maniiesiing lis good faith by ITS cheerful
ness and prowptilude in rcclifyiug the
error and fulfilling the intention, Instead
OF the letter, OF tie engagement. Bui
Tue article was not ac, epted in this
form. In the counter project delivered
by me OIL the I3thnf February. the grants
prior 10 the cath January, 1918, tie con-
aifiOnS IF uhich Shomid have been performed
NJ the grantees, anG none other were de
car' d to be- confirmed. Al III, time thai
the cOunlei-proJeci Was received by Mr.
Onls, he was confined TO his house by i'm
disposition. Al his request, the commu-
nicaiiOn between him aud me we're made
10y HE friendly ipterposiiion OF tI,e Frepcb
minister. Nj. HYDE de MenuiIla A.