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

Hon. ar. Ada,ns. Secretary IF State.
Observations on tie eighth article of the
Treaty Of tie 22d February, 1919, be-
tpesn tie United States and Spain, snb-
united 10 Mr.. de Ne9ciAe, l4tA Juty,
1919.
1t will be recollected by MIR. de Ncu-
Vile, that, on the 18th ct February last,
Dir. dc Onis hciug confined 10 his house
by indisposiiiom, Mr.. de Neuville, al his
request, had conversation with Mr..
Adnms, i'm which were discussed the pro-
feet Of treaty which had been delivered,
on the 9Th of February. by Mr.. de Ons
TO Mr.. A tams, aud the counter project
sen, BY Mr.. Adams 10 Nj. de Onis, on the
18Th of the same month.
The ninth article Of the project Of MIR.
Onis was in these words:
Al the grants of land made by his
Catholic Majesty, or by his legitimate au-
thoriiies, iii The aforesaid territories, Of
tue two Flori'las, and others which his
Majesty cedes 10 the United States, shall
be- confirmed and acknowledged a. valid.
excepting those grants which NAV have
been made after the oath January of last
year. the date that The first proposals
were made tor the cession of those pro-
vinces, which shall he held null in consi.
"era'ion ot the grantees not having COM
Piled with the conditions Of the cesSiun."
The eighth article of ihe counter-pro-
Ject sent bv Mr.. Adams was as follows:
All grants of land made by or in the
name OF his Catholic Majesty, in the
aforesaid territories, after the oath Jan.
1919 shall he held null, the conditions
~ the said grants moi having been per
FORMED by the grantees. All grants made
b. ere TIA, date, by his Majesty, or by
In Ia., IL "a
ST which shall have been performed by
he grantees, according to the tenor OF
The respective grants, and none other,
sh III be confirmed and acknow lodged as
valid"
Nj. de Neuvll!e's particular after lion is
requested 10 the difference between the
two projected articles, because ii will re.
cal particularly 10 his remembrance the
point upon which the discussion CONCERN
Ing this article turned. BY turning to the
written memorandum drawn up by MIR
Gle MELVILLE himself, of this discussion,
he VIII perceive lie has noted that Mr. de
Onis insisted, that This article could
not be varied from what was contained i'm
t!le cheva'iers project, as The object of
the last clause therein was merely TO save
the honour and dignity Of the sovereign
~ OF his Catholic Majesty"
IL was then observed by Mr.. Adams,
that tue honour and dignity of his Catho-
lie Majesty would be saved by recogniz-
Ing The grants prior to the oath of Jan.
as valid tn the same extent as they
were binding on his Catholic Majesty i"
and he agreed TO accept the article as
drawn by Mr. Onis, with this explanation
tsee Mr.. de NeuvilIe's memorandum 1t
was OH this occasion that Mr. de NeuviIle
observed that 1t The grants prior TO Jan.
Il
same extent That they were binding on
the king of Spain, there we're many bona
.JSde grantees, al long standing, in actual
possession of their grants. and having ac-
tualiy made partial settlements upon
them, but who had been prevented, by
me extraordinary circumstances in which
SPAN had been situated, and the revuIu
lions IN Europe, from fluff ling all the
ccndiilcns of the grants: that il would
be very harsh to leave these persons liza
bic 10 forfeiture, which might, indeed,
III rig 'ur, he ENACTED from them, bun
which very certainly never would be if
hey had remained under the Spanish do
ninion. |; will he we'll remembered by
MIR. de Melville hnw earnestly he insisted
upon ihis equitable suggestion, and how
strongly he disciaimed for Mr. Onis every
wish NJ intention TO cover, by pr vision
for such persons, any fraudulent grants.
And " was then observed, by MIR de
NeuvIlle, that the date assumed of oath
January oil 1913, MAS not sufficient for
guarding against fraudulent grants, be-
cause they might be easily sniedated. Ii
was with reference TO these suggestions
Of Mr.. de Melville, afterwards again
slfenneusly urged by Mr.. de Onis, that
tit article was finally modified as il now
st3nds.ln the treaty, declaring all grants
subsequent TO the oath January, 1918
absolutely null, and those of prior date
valid to the same extent only that they
would have been binding upon the king,
but allowing to bona Jide grantees, i'm ac-
tna possession, aud having commenced
setfieWeDts, but who had been prevented
by The late circumstances Of tile Spsnish
nailOn and the revolutions in Europe.
from fulfilling all the conditions of their
grants, time 10 complete them. Ii is need
less 10 observe That, as these incidents do
not apply 10 either Of the grants to Ala.
goH, Punou Rosiro, or Vargas, neither of
fbose granite is confirmed by The tenor of
tbe article as II stands: aud thar it is per
tectiy immaieral in that respect whether
they were dated before or after the 24Ih
JnHary, 1918, II being admitted, on all
sides, THAT these grants were not binding
upon lie king, cOnloTmabIv 10 the Spa
nlsh las. The Terms of tie article ac-
cord precisely with the intentions of all
the parties 10 The negocia,ion aud the sig
nature of The treaty. flhe dates OF the
grHnis are sub, equcnt 10 oath January,
1878, they are annulied bv the date; il
pro 10 iilai date, they are null because
not included among the prior grants con-
Grmed.
IHe Secretary cfStole u mr.. Jain Forsyth
JOINS IOHSyTtg Foo I,ri,s,, BIo,,,,o