Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-12-09

"aS executed; the autnorised commune cation
was made to the government of Spain. and
by its answer, which has Just been received,
we are officially made acquainted, for the
first time, with the causes which have pre-
vented the ratification of the treaty, by his
Catholic Majesty. It's alleged by the Min
istcr OF Spain, that this government had at
tempted TO alter one OF the principal articles
OF the treaty, by declaration, which the
Minister of the United States had been or
dered to present, when he should deliver the
ratification by his government, i'm exchange
tor that of Spain, and of which he gave no.
tee, explanatory of the sense i'll which that
article was understood 1t is further alleged
that this government had recently tolerated.
Unprotected, an expedition from the T. States,
against the province of Texas. These two
imputed acts, are stated rs the reasons which
have induced his Catholic Majesty to with
nod his ratification from the treaty, to OBJ
tam explanations, respecting which, it is re-
peatcd, that an envoy would be forthwith
despatched te the U. States. How TAR these
legations will stify the conduct OF the 20
vernment of Spain, will appear, on 4 view %
the following facts, and the evidence which
supports them.
II will be seen, by the documents trau s.
United herewith, that the declaration men
toned relates TO a clause in the 9th article,
n
made by his Catholic Majesty, in Florida,
which, 1T was understood, had conveyed all
the lands, which, till then, had been migrant
ed. 1t was the intention of the parties to
annu these latter grants, and that clause was
drawn Tor that express purpose, and for none
other The date of these grants was un
known, but it was understood to be poste-
rior TO that inserted in the article: indeed,
it must be obvious 10 all, that, if that provi
in hat to hal A.. III
ling these grants, il would be altogether nu-
gatoiy. Immediately after the treaty was
concluded, and ratified by this government,
an intimation was received that these grants
were OF anterior date TO that fixed on by the
treaty, and that they would not, of course,
be affected by it. The mere possibility of
such case, so inconsistent with the inten-
ton Of the parties, and the meaning of the
article, induced this government to demand
an explanation on the subject, which was
Immediately granted, and which corresponds
with this statement. With respect TO the
other act alleged, that this government had
tolerated, or protected am expedition against
Texas, it is utterly without foundation. Eve.
ry dscountenance has invariably been given
10 every such attempt within the limits
OF the United States, as is fully evinced by
the acts OF the government, and the PRO
ceedihgs of the courts. There being cause,
however, to appreheno, in the course of the
last summer, that some adventures enter
tanned views of the kind suggested, the at
tention OF the constituted authorities in that
quarter was Immediately drawn to them, and
1T is known that the project, whatever il
might be, has utterly failed.
These facts WILL it is presumed, satisfy
every impartial mind, that the government
of Spain had no iustihable cause for declin.
ing to ratity the treaty. A treaty conclu-
ded in conformity with instructions, is obi
gatory, in good faith, in all its stipulations.
according to the true intent and meaning of
the parties. Each party is bound to ratify
1t. If either could set it aside, without the
consent ofthe other, there would be no lon
ger, any rules applicable to such transact
ons between nations. BY this proceeding,
the government OF Spain has rendered to
the United States new and very serious in
jury. 1t has been stated, that n Minister
would be sent, 10 ask certain explanations
OF tins government. But, if such were de-
sired, why were they not asked, within the
time limited for the ratification Is il con-
templated to open a new negotiation res
pecting any of the articles or conditions of
the treaty fthat were done, to what con-
sequences might it not lead AT what
time and i'll what manner would n new negoci-
alton terminate BY this proceeding, spain
IL
tries which will justify any measures on the
part of the United States, which strong
sense of injury, and proper regard for the
rights and interests Of the nation, NAV die
tate. In the course to be pursued, these OBJ
Jccts should be constantly held in view,
and have their due weight. Our national
honor must be maintained, and new and
distinguished proof be afforded of that re-
gard for justice and moderation, which has
invariably governed the councils of this free
people. II must be obvious to all, that If
the United States had been DESTROYS of ma
King conQuests, or had been even willing TO
aggrandize themselves in that way, they
could have had no inducement to form this
treaty. They would have much cause for
graduation, at the course which las been
pursued by Spain. An ample field for am
btion is open before them. But such ca
reer is not consistent with the principles of
their government, nor the interests of the
nation.
From full view of all circumstances,
it is submitted to the consideration of
Congress, whether it will not be proper
Tor the United States to carry the CON
dltionS OF the treaty into effect, in the
same manner as if it had been ratified
by Spain; claiming, on their part, all
its advantages, and yielding to Spain
those secured to her. BY pursuing this
course, we shall rest on the sacred
ground of right, sanctioned, in the mos
solemn manner by Spain herself; by
treaty which she was bound to ratifv /:
for refusing to do which she must incur
the censure of other nations, even those
most friendly to her +; while, by confn-
ing ourselves within that limit, we eau
not fail to obtain their we'll merited ap-
probation. We must have peace on a
frontier where we have been so long dis
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