The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-06
Joseph Addison Braden.

Mr. Chief Justice Taney delivered the opinion of the
court
This controversy has arisen of the treaty with Spain
The suit is brought by the plaintiff aganst the
defendant certain lands in the State of Florida
1t is action Of eectmen and the plaintiff claims title
under grant from the King Of Spain to the Duke Of Ala
gon This the foundation Of his title And If this grant
null and void by the laws of the United States the
ton cannot be main ntained
The treaty in question negotiated at Washington by
Mr. Adams, then Secretary of State and Don Louis DE
Onis the Spanish minister II signed the 22d OF
February, lsl9 and by its the racatons 10
be exchanged within six months from its date
1t appears from the treaty, that the negotiations
menced the Gath Of January, 1918, by proposition
from the Spanish government to cede the Flordas 70 the
United States The grant TO the Duke of Asgon bears
date February 6th the year and consequently
made after the King Of Spain had authorized his minister
negotiate treaty for the cesson OF the territory, and
after the negotiation had actually commenced 1t embraces
ten twelve millions Of acres
The fact that this grant had been made to the
knowledge OF the Secretary pending the negotiation and
he also learned that other TO the Count Of
and the other Don Pedro de Vargas each
containing millions Of acrcshad also been made
der like circumstances These three grants covered ALL
nearly ALL of the public domain the territory proposed
be oeded And the Secretary naturally and justly
sdered that grants of this description made while the
gotiaton pending and without the knowledge
sent of the United States of bad faith the
part of Span and would be highly injurious TO the inter
ests Of the United States If Florida part of their
territory the possession and ownership Of such
Of country BY three individuals would be altogether
with principles policy which this
government is founded II would have greatly retarded
its settlement and diminished its value TO the citizens Of
the United States for no one could have become land
holder in this territory without the permission OF
these individuals and upon such conditions and at such
prices they might choose TO exact
Acting upon these consdcaons the Secretary insisted
that il the negotiations resulted in treaty ccssion
article should be inserted by which these three grants and
Others made under similar circumstance should DC
| annulled by the Spanish government
The demand obviously just and the conduct OF
Spain in this respect evidently inefensble that after
much hesitation II was acceed to- and the 9Th article
tr,An into
article al grants made since the 24t OF january 1873
when proposal the part of his Catholic Majesty
for the of the Fordas made thereby de-
cared and agreed be null and void y and oil grants
| made before that day confirmed.
With this provision in il the treaty submitted to
Senate who advised and consented 10 its ratification
the gath of February 1872 and i was accordingly rat
| fed by the President
Before however the ratHcations we're exchanged the
Secretary Of State informed that the Duke Of Aagon
intended to rely royal order Of December IT, 1917
(Which is ecitcd in the grant hercinbefore mentoncd as
sufficient convey him the land from that date and
upon that ground claimed that his title was confirmed and
| not annullcd by the treaty,
The Secretary il appears was satisfied that this royal
order conveyed interest to the Duke Of Alagon, and
that the grant in the in which that word Ia used in
the treaty not made until the instrument dated the
| 9Th Of February, 1913, executed
But claim Of this character, however unfounded
would clond upon the proprietary title OF the United
States and claims might also be set up under similar
under the grants the Count and
Vargas the Secretary deemed ii his duty place the mat
beyond all controversy before the ratcaons
changed lie therefore requested and received IRON Don
Luis dc Ons written admission that these three grants
understood by both Of them 10 have been annuied
by the 9th article Of tho treaty and that II was negouaed
and signed under that mutual understanding between the
ncgotators And having obtained this admission ne noh
fed the Spanish minister that he would prceent dechra
ton that effect upon the exchange OF ratihcatons and
expect similar from the Spanish government to be
annexed 10 the treaty.
su, the King Of Spain for long time refused 70 make
the declaration required, to ratfy the treaty with the
declaration of the American government attached to IL
great deal Of irritating correspondence upon the sub
ject took place between tho two governments Finally
however the King Of Spain ratified II the 2lst Of 0cto
ber 1890 and admitted in his written ratification annexed
to the treaty In explicit terms that 1t the positive un