Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1820-05-20

In ! our instructions, and with which you had
admitted yourselfto he personally satisfied.
you should give the solemn promise, in the
name Of your Sovereign. which, by your
note OF the 18th ultmo. you had declared
yourself authorised to pledge, tina; the ratif :
cation should be given Immediately on the
arrival of your messenger at Madrid, which
promise. the President consented SO far to
receive, as to submit the question for the ad-
vice and consent of the Senate ofthe United
States, whether the ratification of Spain
should, under these circumstances, be ac-
copied in exchange for that of the u. States
heretofore given. But the President has
with great regret, perceived by your note of
the 9th inst. that you decline giving even
that unconditional promise, upon two allega-
tons one, that although the explanations
given you on one of the points mentioned in
your note of the l4th ultimo. are satisfactory
TO yourself, and you hope and believe will
prove soto your sovereign, they still were
not such as you were authorised by your in
structions to accept; and the other, that you
are informed a great change has recently oc.
CURED in the government of Spain, which
circumstance alone would prevent you from
giving further latitude to your promise pre-
vious toyour receiving new instructions.
1t becomes therefore indispenably neces-
sary TO shew the absolute obligation by
which His Catholic Majesty was bound to
ratify the treaty within the term stipulated
by one of its articles; that the reasons alledg-
ed tor his Withholding the ratification are al
together insufficient for the justification OF
that measure, and that the United States
have suffered by it the violation ola perfect
right for which they are justly entitled to in
demnity and satisfaction. right further COR
roborated by the consideration that the re-
fusal Of ratification necessarily included the
non-ful6lment of another compact between
the parties which had been ratified the con-
vention Of Aug. 1902.
While regrettipg the necessity of produ-
cling this proof, willingly repeat the ex-
preston of my satisfaction at being relieved
from that of enlarging upon other topics of
an unpleasant character. l shall allude to
none OF those. upon which you have admit
ted the explanations given to be satisfactory,
considering them as no longer subjects of
discussion between us or our governments.
shall with pleasure forbear noticing any
remarks in your notes concerning them.
which might otherwise require animadver-
sion.
With the view of confntng this letter TO
the only point upon which further obserya-
ton is necessary, it will be proper to state
the present aspect of the relations between
tn. contracting parties.
The treaty of s2d February, 1919, was
signed, after succession OF negotiations, of
nearly twenty years duration, in which all
the causes of difference between the two ma.
tons had been thoroughly discussed, and
with final admission on the part of Spain,
that there were existing just claims on her
government, at least to the amount of FIVE
millions OF dolls due to citizens of the Uni
ted States, and for the pay ment of which,
provision was made by he treaty. 1t was
signed by minister, who had been several
years residing in the United States, in con-
slant and unremitted exertions to maintain
the interests and pretensions of Spain, invol-
we'd in the negotiation; signed after produ
cling a full power, by which, in terms as So
lemn and as sacred as the hand of a sovereign
can subscribe, H. C, Majesty had promised
to approve, ratiiy, and fulfil. whatever should
be stipulated and signed by him.
You will permit n,e to repeat, that. by
every principle of natural right, and by the
universal assent of civilized nations, nothing
can release the honor OF a Sovereign from the
obligation of promise thus unqualified,
without the proof that his Minister has sign
ed stipulations unwarrsnted by his instruc-
tons. The express authority of two of the
most eminent writer's upon national law, to
this point were cited in Mr.. Forsyth's letter
of Cd October, 1919, to the duke of San Fer
nando. The words of Vattel are "But to
refuse, with honor, to ratity that which has
been concluded in virtue of full power,
the Sovereign must have strong and solid
reasons for it: and particularly he mnstshoae
that his minister transcribed his instruc-