Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1820-04-18

u ,sbe. -
Our Relations with Shain. The fol-
lowing interesting documents were YES
terday presented 10 the House of Repre-
sentatives by the chairman Of the COM
mittee Of Foreign Relations:
Nat. Intel. March IS.
The Secretary of State to Mr.. LO7ondes.
| William Lowndes, Esq Chairman
ofthe committee of Foreign Relations.
Department Of State, Washington, Dec. 16, 1919.
SIR: With reference to the question
proposed by the committee, whether
the Executive considers the Florida
Treaty as subsisting one, valid accord
ing to national law, and giving the same
perfect rights, and imposing the same
perfect obligations, as if it had been
ratified" have the honor to state that
the President considers the Treaty of
the 22d of February last as obligatory
upon the honor and good faith of Spain,
not as a perfect treaty, ratification being
an essential Formally to that but as a
compact which Spain was bound to rati
| fy-as an adjustment of the differences
| between the two nations, which the King
Of Spain, by his full power to his Minis
ter, had solemnly promised to approve,
ratify, and fulfil. This adjustment is as
sumed as the measure of what the United
States had right to obtain from Spain,
from the signature of the Treaty. The
principle may be illustrated by reference
to rules of municipal law relative to
transactions between individuals. The
difference between the Treaty unratifed
and ratified, may be liEened to the diff
ference between covenant to convex
lands and the deed of conveyance itself.
Upon breach of the covenant to con-
vey, courts of equity decree that the
party who has broken his covenant shall
convey, and, further, shall make good
to the othe, party all damages which he
has sustained by the breach of contract.
As there is no court of chancery be-
tween nations, their differences can be
settled only by agreement, or by force.
The resort to force is justihable only
when Justice cannot be obtained by ne
gociation. And the resort to force is
limited to the attainment of Justice.
The wrong received marks the bounda-
ries ofthe right to be obtained.
The King of Spain was bound to rati-
fly the treaty; bound by the principles of
the law of nations applicable to the case;
and further bound by the solemn pro-
mise in the full power. He refusing to
perform this promise and obligation, the
United States have perfect right to do
what a court of chancery would do in
transaction of similar character be-
tween individuals; namely, to compel
the performance of the engagement as
far as compulsion can accomplish it,
and to indemnify themselves for all the
damages and charges incident to the ne
cessity ofusing compulsion. They can
not compel the King of Spain to sign
the act of ratification, and therefore can
not make the instrument perfect treaty.
But they can, and are justliable in SO
doing, take that which the treaty, if per-
feet, would have bound Spain to deliver
up to them; and they are further en-
titled to indemnity for all the expenses
and damages which they may sustain by
consequence of the refusal of Spain to
ratify. The refusal to ratify gives them
the same right to do justice to them
selves as the refusal to fulfil would have
given them, if Spain had ratified, and
then ordered the governor of Florida
not to deliver over the province.
| BY considering the treaty as the term
beyond which the United States will not
look back, in their controversial rela-
tions with Spain, they not only will mani
fest a continued respect for the sanctity
OF their own engagements, but they avoid
the inconvenience Of re-entering upon
| field of mutual complaint and crimina-
ton, so extensive that it would be
scarcely possible to decide where or
| when negotiation should cease, or at
what point force should be stayed for
satisfied right; and, by resorting to force
only SO far as the treaty had acknowledge
ed their right, they offer an inducement
to Spain toComplete the transaction on
her part, without proceeding to general
hostility. But Spain must be RESPONSE
Bile to the United States for every wrong
done by her, after the signature of the
treaty by her Minister; and the refusal
to ratify his act is the first wrong for
which they are entitled to redress.
have the honor to be, with great
respect, sir, your very humble and
Obedient servant. -1t
JOHN QUINCY ADAMS.