Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1820-03-20
BY THE CHARLESTON PACKET.
Washington, March Is.
OUR RELATIONS WITH SPAIN.

Washington, March Is.
oyR RELATIONS WITH SPAIN.
The following interesting documents were
yesterday presented to the house of repre-
sentatives by the chairman Of the commit
tee of foreign relations.
The Secretary Of State to Mr.. Lowndes.
William Lowndes, Esq. Chairman
Of the committee of Foreign Relations:
Department Of State, Washington, Deem
Der 16, 1919.
SIR-With reference to the question pro-
posed by the committee, T." whether the ex-
ecutive considers the Florida Treaty as a
subsisting one, valid according to the ma
tional law, and giving the same perfect
rights, and imposing the same perfect OBJ.
legations, as ifit had been rati6ed,"I have
the honor to state that the President consi-
ders the treaty of the 22d Feb. last as OBJ
ligatory upon the honor and good faith Of
Spain, not as a perfect treaty, Qualification
being an essential formality TO that. but as
a compact which Spain was bound to ratify
las an adjustment of the differences be-
tween the two Nations, which the king of
Spain, by bis full power TO his Minister, had
solemnIy promised to approve, ratify, and
fulfil. This adjustment is assumed as the
measure Of what the United States had a
| right to obtain from Spain, from the sigma
ture ofthe treaty. The principle may be
illustrated by reference to rules of munich
pal law relative to transactions between in
dividuals. The difference between the trea-
ty unratihed and ratified, may be likened to
the difference between a covenant to convey
lands and the deed of conveyance ITSELF
Upon a breach OF the covenant to convey,
courts of equity decree that the party who
has broken his covenant shall convey, and
further, shall make good to the other par
ty all damages which he has sustained by
the breach of contract,
AS there is no court of chancery between
nations, their differences can be settled on
ly by agreement, or by force. The resort
to force is just'dable only when justice can
hot be obtained by negotiation. And the
resort to force is limited to the attainment
Of justice. The wrong received marks the
! boundaries of the right TO he obtained.
The king Of Spain vas bound to ratify the
trealy-bonad by the principles of the law
| OF nations applicable TO the case and fur
| Their bound by the solemn promise in the full
power. He refusing TO perform this pro-
mise and obiiga tion, the United States have
| a perfect right to do what a court of chance
ry would do in a transaction OF a similar cha
racter between individuals viz. 10 con-
pei the performance OF the engagement as
| far as compulsion can accomplish it, and to
indemnify themselves Tor all the damages
and charges incident TO the necessity of u
sing compulsion. They cannot compel the
Nking of Spain to sign the act of ratification.
and therefore cannot make the instrument
a perfect treaty. But they can and are JUS
:ifabIe in so doing, take that which the
treaty. if perfect, would have bound Spain
to deliver up to them and they are further
entitled to indemnity for all the expenses
and damages which they may ~surtain by
consequence CT the refusal OF Spain to rati-
fly. The refusal to ratify gives them the
same right TO do justice to themselves as the
refusal TO fulfil would have given them, if
Spain haC ratified, and then ordered the 60
vernon of Florida not to deliver over the pro-
vince.
By considering the treaty as the term
beyond which the United States will not look
back, in their controversial relations with
Spain, they not only will manifest c%ontinu-
edrespect for the sanetity of their own en-
gagements, but they avoid the inoonveni-
ence of re-enterlng upon a field of mutual
complaint an6 elimination, so extensive that
it would be scarcely possible to decide
where OF when negotiations sAoald cease,