The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1821-12-12

manded other conditions, more favourable to
her navigation, aud which should also give
extraordinary encouragement to her manufac-
lures aud productions, in the ports of the u
nited States To these it was thought improp-
er to accede; and in consequence, the restric-
tive regulations which had been adopted on
her part, being countervailed on the part Of
the United States, the direct commerce be-
tween the two countries, in the vessels of each
party, has been in a great measure suspended.
1t is much to. be regretted. that, although
negotiation has been long pending, such is the
diversity of views entertained on the various
points which have been brought. into dis
cHssion, that there does not appear to be any
reasonable prospect of its early conclusion.
Il is my duty to state, as a cause of very
great regret, that very serious differences have
occurred, in this negotiation, respecting. the
construction of the 3thsarticle Of the Treaty of
1903, whereby Louisiana was coded to the u
nited States, and likewise respecting the sell
cure of the Apollo. in 1890, for a violation of
our revenue laws. The claim, of the govern
ment of France has excited not less surprize
than concern, because theFs does not appear
to be Just foundation for it in either instance.
By the 9th article of the Treaty referred to, it
Is stipulated that after the expiration Of twelve
years, during which it was, progided, by the
preceding or 9TH article, that the vessels Of
France and Spain should be admitted into the
ports of the ceded Territory, without paying
higher duties on merchandise or tonnage on
the vessels, than such as were paddy citizens
OF the United States, the ships of France should
forever afterwards be placed on the footing
OF the most faVoured nation. BY the obvious
construction of this article, it is presumed thai
1t was intended, that no favour should be
granted to any power in those ports, to which
France should not be forthwith entitled nor
should any accommodation be allowed, to an
other power, on conditions, to which she would
not, also, be entitled upon the same conditions.
Under this construction, no favour or accom-
mediation could be granted to any power, to
the prejudice of France. By allowing the e
quivalent, allowed by those powers, she would
always stand, In those ports, on the footing Of
the most favoured nation. But if this article
should he SO construed, as that France should
enjoy of right, and without paying the equiva-
lent, all the advantages of such conditions, as
might be allowed to other powers, in return
for important concessions made by them, then
the whole character of the stipulation would
be changed. She would not be placed on the
footing of the most favoured nation, but on
footing held by no other nation. She would
enjoy all the advantages allowed to them, in
consideration of like advantages allowed to us,
Tee from every and any condition whatever.
j Asllttle cause has the government of France
TO complain of the seizures of the Apollo, and
the removal OF, other vessels, from the waters
Of the st. Nfary's. 1t will;not be denied that
every nation has right to, regulate its COM
mercial system, as it thinks fit, and to enforce
the collection of its revenue, provided it be done
without an invasion of the rights of other pow
erss- The violation of its revenue laws is an
offence, which all nations punish-the pun
ishmant Of which, gives no just cause of COM
plant, to the power to which the offenders
belong, provided it be extended 10 all equally.
In tEls CASE. every circumstance which occur
red, indicated fixed purpose to violate our
revenue laws. Had the party intended to
have pursued fair trade, he would have en-
tered our ports, and paid the duties or had he
intended to have carried on legitimate cir
cuitous commerce with the United States, he
would have entered the port of some other
power, landed his goods at the oustom-house,
according to law, and re-shipped and sent then
in the vessel of such power, or of: some other
power which might lawfully bring them. free
from such duties, to port of the u. States.
altogether different. He entered the river ST.
Mary's, the boundary between the United
States and Florida. and took his position on
the Spanish side, on which, in the whole ex-
tentof the river, there was no town, no port.
or custom-house, and scarcely any settlement
His purpose, therefore, was not to sell his
goods to the inhabitants of Florida, but to
citizens Of the United States, in exchange for
thair =. L.
without a direct and palpable breach of our
laws. 1t is known that a regular systematick
plan had been formed by.certain other persons.
for the violation Of cur revenue system, which
made it the more necessary to check the pro-
ceeding in its commencement.
That the unsettled bank of river SO remote
from the Spanish garrisons and population
could give no protection TO any party, in such
practice, is believed to be in strict accord
with the law Of nations. 1t would not have
comported with afriendly policy, in Spain her.
self, to have established custom-house there,
since it could have subseryed no other purpose
than to elude our revenuelaws. But the gov
ernment of Spain did not adopt that measure
On the contrary, it is understood, that the
Captain-G of Cuba. to whom an appli-
cation to thatIeffect was made, by these adyen-
turers, had not acceded to it. The condition
of those provinces for many years before they
were coded to the United States, need not now
bedwelt on. Inhabited by different tribes In
dams and an inroad for every kind of advertur-
er, the jurisdiction of Spain may be said to have
been, almost exclusively, confined to her gar
risons. ltcertainly could not extend to places
where she had no authority. The rules, there
fore, applicable to settled countries, governed
by laws, could not be deemed SO to the deserts
Of Florida. and TO the occllrrences there Il