Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-04-16
FLORIDA TREATY.
Letter oil ct the Commissioners under the Flor;d,
Treaty, TO the Secretary of State

treaty, TO the Secretary of State
SIR: Several claims of indemnity bav
been presented to this board by citizens IF RI
United States, for losses sustained by reoso
OF the breach of contracts entered into will
mem oy the government uf Spain. In mos,
IL moi all Ut these contracts, the citizen stip,I
Eiies To perform acts for Spain, which rs
suDject Ola neutral state he could not have per
formed without transgressing the acknowledg
e1 Deiiigerent rights of other nations will
whorn spain was then engaged in open war;
Acts therefore which would have subjected
nm TO the Just application of the laws Of war
justified, nay probably required the Unite,
oiates To abandon such citizen tn the fate O
war without making any reclamation in hi.
behall. Its for the performance of such act.
liat SPAN has contracted to make compensa
uon, Ia support ofthese claims, it is contend.
eu ,hat IL was distinctly understood by the
n'5n contracting parties Ia the late Treaty
ihat claims OF this description were to be
Included, and were intended to be provided
for explicitly by the fifth remuneration OF
the ninth article, within the words al
Wacn all such are found. And i'm proof
OF this assertion, letter from the minister
OF Spain, as well as the inclosed doc,,.
ment, has been placed before this board. Th,
commissioners feel inclined at present TO con.
strue this article of the Treaty in di(feren,
mode and to reject all such claims as those
above described. But as such a construction.
II contrary to the intent of the high CON
tracing parties, as is suggested, NAV possibly
impair the faith of the United States. and
iead TO consequences violating even their
peace the commissioners beg leave to submit
10 you the proprlety of adopting sumo course,
wnich may bring before them any document
OF suggestion, ny which the object and intent
OF the united States, in concluding this Treaty,
may he disclosed more fully than they are
now exhibited by the article before mentioncd
1.-THE President is content to ADOPT that
construction of the Treaty, which the com
mssioners, as at present advised, are DISPOSED
10 give II, no suggestion need be made to
them. But If this should not be the case. rs
notiing VIII most probably operate to change
'he opinion which the commissioners are dis
Postu at present to entertain upon this subject,
nut clear communication that such CON
strucuon would be Il violation of the inten-
''oh oil the nigh contracting parties, it will be
necessary that a communication To this effect
should be made To them.-The mode of
making 1t IS submitted To the President
me want ofany representative of the United
States, before this board, has constrained the
commissioners to adopt the course they have.
mus pursued, with full knowledge of all the
objections which apply 10 it, not only as they
reter TO the President, but to the Board itself
r >, we have honour to be, SC.
Inc Hon. Tie Secretary Of State
TO H. L. White, I'm. King. ami 7. III Tire
aeeA, Esq'a, Commissioners under The elereaM
article Of The Florida Treaty.
Department Of State,
washington, 9Th of March. 1920
GENrLEMEN With reference TO the letter
winch have had the honour of receiving
rom YOU dated the 9th inst am directed by
the president of the United States TO inform
you, that in providing for the claims ofthe
citizens ofthe United States upon Spar. by
the treaty Of 22d February 1918. il was MT
or intended by the Government
Oh the United States, nor as is believed, by the
other party to the treaty, that claims arising
from contract as they existed at the fine ef
the signature of the treaty, should be exclud-
ed from the benefit of the treaty. The
claims intended to he provided for were those
specially enumerated in the renunciations. and
embraced all claims, statements of ,chick.
so''c,hng The interposition Of the government,
had been presented TO the Department of STATE,
or fohe Minister ofhe United States in Spain;
stncethe contention Of 1912, and until tie date of
"'o otS "utUe ~ We ITeutv
AS there is no limitation in the words of
this remuneration with regard to the nature of
the transaction in which the claims originated,
whether by contract or by tort, SO none was
intended. They were claims of all of which
II was believed that the only possible chance
OF obtaining any satisfaction, TO the claimants.
consisted in the execution of the Treaty.
Ofthe absolute obligation ofthis government
to interpose in behalf of their fellow citizens.
possessing such claims, and imploring the aid
OF their country TO obtain satisfaction for them
no very subtle or punctilious scrutiny had been
made. 1t was the need of the claimant, and
not the legal classification of his claim, for
which the assistance of his government had
heen wanted. The delay or denial of Justice
winch 1t was desirable TO remedy, was the
same whether It was for wrong committed
or contract broken. The claimants had
alike been promised that at the negotiation of
the Treaty their claims should be consider
ed, and endeavOUrs made to provide for them
IN common lCih otbcS
Whether among the contracts provided for
there are some upon which the government
of the United States, but for the treaty. must
have eventually abandoned the claimants To-
the tate OF war, was never Il subject of enqui-
ry. Those claims, il is presumed, were not
the less valid against Spain, nor were their
prospects of real satisfaction by Spain in any
ether manner, believed to be different from
the rest. The government was indeed aware
that the abstract right 10 its interposition, of
citizens who had suffered by acts offoreigners
without any cooperation Of their own, was
more clear and imperative than that of others,
who had voluntarily staked their property
upon the good faith Of Spain and in the
course of the negotiation proposal was made
to omit the remuneration which included the
latter class of these claims. II was, however,
finally agreed 60, with the full understanding
hat all the claims should have the same he
'eht OF the provision, be subjected to the