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

1915, as MS REASON Tor agreeing 10 Their
beIng annul!ed. But he observed, that
there were grants OF old standing, made
bona fde 10 persons in actual possession
OF the lands, aud having made improve
ments andsettlcmeu,s upon then, but who,
by the lake revolutions IN Europe, ana the
convulsed state Of Spain, had been pre-
vented from completing all the conditions
OF their grants that II would be equitable
TO allow them time from the date OF the
treaty TO fulfil them. TO This a ready
assent was given, aud the article was
thus agreed TO: limiting TO- such grants
ALONE, the confirmation prior to the Oath
OF January 1878.
Minutes of the discussion upon this article
were dawn up IN writing at the time by Mr..
de Neuxil'e, copies of which were furnished
both To Mr.. Onis aud to me. prior to the sigma
tnre, and recognized by MS both TO be correct.
An abstract from them of all that relates TO
this article, together with the draft of the ar
ticie, as first proposed by MIR. Onis. Of that in
our counter project, and of the article as fl
nally agreed to, are herewith enclosed. They
viii show that the confirmation of the grants
TO Alason Punon Rostro, and Vargas, is as
etiecinailv excluded by the Limitations in the
brs Dart of the article ii their date is prior to
the cath Of January, 1878, as by the date itself,
II made subsequent to that time. They were
not excluded, by name, tor two reasons First,
conformaOlN to the desire of Mr. Onis, to sdpe
tnctiy nsted in the minutes of Mr.. de Neu-
vile Secondly, because, from the dispatches
OF MIR. Erving, il was supposed there were
uth-i grants OF the same kind aud made under
lm,tar circumstances To have named them
might have left room for presumpiive infe-
renee III favor of OTHERS. The determination
was 20 exclude them all
No reliance was placed upon the exclusion
DS tue date because The grants having been
secretly made, and without the usual formali-
ties the copies Of them received from Mr. Err
wing might be unan,hentic because no copy
of the grant to Alagon had been received;
Y because II fraud was to be guarded against
~ WAS Well known that antedating was one of
us mast familiar and favorte expedients-
When, shortly after the signature OF the trea-
~ rumor was circulated here that the date
OF the grants WAS one day prior TO The 9Th of
January, 1878. and that this last date had been
assumed with the intention, AT least on the
part OF MIR. Oni>, that they should BE- conf M
Ell without admitting the SUSPICION that he
hau attempted deception for which the Ian
guagc of decenc, has No. name u wa Thought
advisable, that no shadow OF a pretence
should by any possibility, be raised after the
ratification OF the Treaty., by Spain or the
grantees that those grants were confirmed, OF
mat either party OF the impact had under
stood that they would he by the artIcle as il
stood. YOn were ther fire Instructed on px-
Changing the ratifcattons, to deliver decia-
ration ct this consii uction, which II had been
the avowed intention OF both parties al the
signature, that the eighth ar icIe should bear
III relation to the grants in question, and the
only one which the United States wnuld ever
ADMIT. Ma Onis. by his answer TO nv note a;
the 10th Narch, aneQsivucaIly reco .nized tha,
| snch had been his under ,sndiny of the imnort
OF the article when be signed it, He added
indeed, that At he had known the grants were
OF prior date. h. should have insisted npou
'nen Deihg confirmed. But vii hOut renlarking
mat ms ignorance OF their dates could have no
possible effect TO render valid that which h.
udu agreed anG understood to be null and
voiu. II had escaped his recol, ction that. N
ms note 10 me OF the 10th November, 1918, he
mao agreed that these grants should all be
annued, because their condition had not been full
nttfd 6y The grantees. The President of the o.
STATES Is vet willing to accept of the ratifra-
, , OF mat treaty by Spain. 1t settles impor-
.eu' interests II secures pacific and harmo-
mons relations with Spain it provides indem-
hities 10 many of our citizens for Injuries
winch Spain acknowledges the, have suffered
rom her aud ~ gives us Florida, iaud use
ie and expensive to Spain, though chiefly by
IFS position valuable to rs. But for a A those
advantages we know that we have given in the
same treaty ample and generous equivalents TO
Spain /; and she will find herself much deceived
~ ID the hope of making hereafter a better
bargain, she now disdains them. To possess
FLORIDA, with the full and fair consent of
spain is u"doub'edI. an object of interest to
; lne american government; but an object Of
ihHnitely deeper and dearer interest TO them
l., to observe towards Spain, and all other
nations. aJust, and candid, and single -heart.d
course OF conduct, free from fraud, artifcs
Cr uisgniSe And that which they observe
tneS demand In return. They will neither
themselves practise, nor from Others submit
TO- heterogeneous. double-deaing system of
treacbery, patering with its own Ell "a rements.
ana spreading snares for the generous conf
drnce OF good faith.
You will therefore, on no consideration. ex
Change the ratification without deliverinp the
declaration prescribed by your instructions,
when yon took charge of the treaty aud Won
Will not fail, it the ratification be withheld 10
hd"fess an earnest remOnstrance to the Span
ish government against the grants Themselves
an" me circumstances under which they were
issued "''e
The proposal OF Mr.: Oniss letter to this de-
parlment OF 3lst October 1873, was as follows.
= That the late grants made by his majesty
IN tie FloridaS, sUce the 18th of January last
me oate OF my hrSt note announcing his ma.
leSiy Willingness TO cede them 10 The United
States, the said grants have been made witt
we" 10 promote population, cultivation and
industry, aud not with that OF alternating them \
snail be declared null and void, IN considera-
Ton OF The grantees not having complied with
the essential conditions of the cessious. AS has
been the fact"
And in his letter of the 10th March. REFERRING
to tins yrop osal, he saws, {" with the fraukneSs
aud good faith which have uniformly actuafed
my conduct and whicp distinguish the cIar.c.
ter OF the Spanish nation. have 10 declare to
YOU sir, that, when proposed the revncaIion
OF all the grants made Subsequent to the mar
aforementioned, II was with tie full belief that
~ cOinprehendrd those maze TO the Duke of
Alsgom. as well as any otArrs which had hsen
siiJ uaed at that period
Here, then. is tue xpress declaration of the
Spanish negoriator OF that treaty /; Isl. Thai
the grants ~ question were all, IN his fnll be-
hrt. when he mad the D o., osal included
among those positively anuuled by the date
~. That these grants had been made by the
hing, with tue view OF promoting population.
cultivation and Industry and not of aiienatin9
NJ
all null aud void because the grantees had NOT
complied With The essential conditions Of the
grants
Now, what shall be saiS after these plain and