The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1820-03-29
G0!sCetIany.
OUR RELATIONS W17H SPAIN.

DSsu P'S'~p'Se W NObS' w tuC Sudtf-
man Of the committee of Foseign Rela-
tions.
1he Secretary Of State 10 Mr.. Lozundes.
DEPARTMEvr OF STATE,
10th December, 1919.
William Lowndes, Esg. Chairman,
'yhhe Committee Of Foreign Relations.
SIR--NVith reference to the question
proposed by the committee, whether
the Executive considers the Florida
Treaty as substituting one, valid ac-
cordimg to national law, and giving the
same perfect rights, and imposing the
sane 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 SPAN,
not as perfect treaty, Qualification being
an essential iormality to that, but as a
compact which Spain was bound to rat
ily--as an adjustment of the differences
between the two nations, which the
King of Spain, by his full power to his
Minister, had solemnly promised to ap-
poye, ratlfy and fulfill. This ADJUST
ment is assumed as the measure OF what
tie United States had right to obtain
from Spain, from the signature of the
Treaty. The principle may be illustra-
ted by reference to rules of municipal
law relative to transactions between indi-
viduais. The difference between the
Treaty unrati6ed and ratified. may be
ikcned to the difference between a cove
nant To convey lands and the deed of
conveyance itself. Up1. breach of
the covenant to convey, courts OF equi-
" decree that the party who has broken
his covenant shall convey, and, further,
shall make good to the other 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 argument, or by force.---
The resort to force is justifiable only
when Justice cannot be obtained by ne
eociatIon. And the resort to force is
limited to the attainment OF justice.
The wrong received marks the bounda-
ries of the right to be obtained.
Tw King of spain was bound to rat
If the treaty; bound by the principles
Of the law of nations applicable to the
case and further bound by the solemn
promise in the full power. He refusing
to perform this promise and obligation,
the United States have perfect right to
do what court of chancery would do
IN transaction of similar character be-
tween individuals; namely, to compel
me performance of the engagement as
far as compulsion can accomplish it, and
to Indemnify themselves for all the dam
ages and charges incident to the necessi-
ty Of using compulsion. They cannot
compel the King of Spain to sign the
act or ratification, and therefore cannot
make the instrument perfect treaty.
But they can, and are justifable in SO
doing, take that which the treaty, if per-
feet, would have bound Spain to deliver
up to them; and they are further entitled
to indemnify for all the expences 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 moi
to deliver over the province.
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
continued respect for the sanctity of
their own engagements, but they avoid
the inconvenience Of re. entering upon a
field Of mutual complaint and crinina.
tion, so extensive that 1t would be scarce
ly possible to decide where or when ne
gociation should cease, or at what point
force should be stayed for satisfied right;
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