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


did remain entirely annulled and invalid and that Meth
Of the three individuals mentioned those who might
have title or interest through them could avail themselves
of the grants at any time or IN any manner
With this ratification attached TO the treaty il again
submitted by the President to the Senate who the 18th
February 1921 advised and consented its ratification
II ratified accordingly by the President and the rat
cations exchanged the AID February 1871; and Flor
ida on that day became part OF the territory Of the Uni
ted States, under aud according 70 the supuations Of
reayhe rights Of the United States relating back the
day on which IL was signed.
We have made this statement in relation the negotia-
tons and correspondence between the two governments
Tor tho purpose OF showing the circumstances which occ
stoned the introduction of the 9th article confirming Span
sh grants made before the oath OF January 1873 and an
milling those made afterwards and also for the purpose
OF showing how IL happened that the three large grants
by name were declared to be snnuled IN the raincaon
and not by stipulation in the body Of the treaty But
the statement in other respect material Tor ~ TOO
plain for argument that where Of the parties TO trea
ty al the time of its ratification written declar
alton explaining ambiguous language in the instrument or
adding and distinct stipulation and the treaty Is
afterwards ratified BY the other party with the declaration
attached TO il and the notifications duly exchanged the
declaration thus annexed is part OF the treaty and Us
binding and obligatory il twere inserted in the body
of the instrument The intention Of the parties be
gathered from the whole instrument il stood when the
Publications exchanged
It is not material therefore TO inquire whether the title
OF the Duke Of Aagon takes date from the royal order OF
December IL, 1871 from the grant subsequently made
the 9th of February 1913 In either case the treaty by
name declares it to be annuled
II Is said, however that the King of SPAIN by the
stituton under which he then acting and administer
ing the government had not the power annal by
Spanish government it resided Corsss
does not appear in the ratification that it annulled by
that body or by its authority consent
But these political questions, and not judicial They
belong exclusively to the political department. Of the gov
eminent. - 54.s @8 seS ei e ti f8s
BY the constitution Of the United States the President
has the power by and with the advice and consent CT the
Senate to make treaties provided twohrds OF the scna
tors present And he is authorized to appoint
bassadors other public ministers and consus and to
ceve them from foreign nations and is thereby enabled to
obtain accurate information Of the political condition Of the
nation with which he treats who exercises over 1t the
powers of sovereignty, and under what limitations and
how far the party who ates the treaty Is authorized by
its form OF TO bind the nation and and
things within its territory and dominion by treaty spu
ations And the constitution declares that all treaties
made under the authority Of the United States shall be the
The treaty is therefore law made by the proper authority
and the courts justice have right annu disregard
any OF its provisions unless they violate the constitution of
the United States is their duty To interpret and admin
lister according its And it would be impossible
for the executive department Of the conduct
foreign relations with any advantage the country
and fulfil the duties which the constitution has imposed
upon it il every court in the country authorized to
quire and decide whether the person who ratified the treaty
on behalf of foreign nation had the power by its consu
ton and laws to make the engagements into which he
entered. ts assn uTsD shi4s3.s ~ a
In this the King of Spain has by the treaty spu
lated that the grant to the Duke Of Aagon previously
made by him. had been and remained annuled anS that
neither the Duke AAgon any person claiming under
him could avail himself of this grant 1t for the Pres
ident and Senate to determine whether the King by the
constitution and laws Of SPAIN authorised TO make
TINS STIMULATION and TO rai treaty containing i They
part OF the compact and ratfyng the treaty which
ains it. The constituted and legitimate authority Of the
United States therefore, has acquired and received this land
as public property In that character 1t became part Of
the United States and subject 10 and governed by their
laws And as the treaty Is by the constitution the supreme
law and that law declared 1t public domain when it
to the possession of the United States courts Of Justice
are bound to regard and and cannot sanction
any title not derived from the United States
Nor the plaintiff claim be unmarried unIaes
maintain that court Of justice may inquire whether the
President and Senate not mistaken the authority
OF the Spanish monarch in this respect or Knowingly
sanctioned act Of injustice committed by him upon an
individual in violation Of the laws of Spain BUTT evident
mat such proposition can find no support in the const
luton OF the United States in the Jurisprudence of
any country Mhsre fhG ciYgft nfds Certainly no Judi
cia tribunal in the United States ever claimed IL or sup
posed it possessed it.
The plaintiff seems to suppose tina, he has a stronger
ute than that OF the Duke of Aagon 1t is alleged that
the Duke of Aagon the 10th of May lsl9 conveyed
Spain to Richard S Hackey, citizen Of the United States
This deed to ackey after the signature Of the treaty
and before the exchange of notifications and the plaintiff
claims through Hackey and contends that his American
citizenship protected his title.
But If the deed from the Duke of Aagon to citizen Of
the United States was valid by the laws Of Spain and
vested the Spansh title in Hackey vet the land IN his
hands remained subject to the Spanish law and the au
tho and power Of the Spanish government fully ms
y had continued the property of the original grantee
Haekey derived title from the United States nor were
his rights in the land If he had any regulated by the laws
W ue ohicd states nor under their protection IL
part OF the territory Of Spain and in possession and
under her government until the notifications Of the treaty
were exchanged And until that time the rights Of the in
dvdual owner and the extent of the authority which the
government might lawfully exercise it. depended al
together the laws OF Spain And whatever rights he
have had under the deed Of the Duke Aagon they
were extngnishcd by the government from which he held
them while the land remained part of its territory
subject to its laws II public domain when il TO
the possession OF the United States and he had then
rights in IT,
In this view Of the case IL is necessary 10 examine
the Other questions which appear in the exception
been raised in the argument The treaty Is the supreme
law, and the stpuations in dispose Of the case The
Judgment OF the district must therefore be affirmed
Morn DrscovgnEs-The richness of our gold mines
becoming more apparent every day, and new dscove
mes are made A few weeks ago Messrs Spencer Sher
man discovered new mine, or properly reopened
old one That had been abandoned for many years The
has been tested and bids fair yield well Major Cum
ningham has been making experiments at his mine
Davenport and the yield than comes up TO the en-
pectaon He took the from many places and after
pounding II up and washing found gold in each He also
tested the surface earth at different points the
IN which the mine is located and in each instance upon
washing found gold We saw al the counting house of
The Hon William s. Mcsservy, Saturday evening last
Weny'our ounces and pennyweighs gold brought
IA from The diggngs the Placer mountains II was near
~ pure, and worth $ass 10 II was purchased hy Gov
Meriwehe who takes II the States ne san,ne Of tho
produce OF the gold mines Of New Mexico
DEPARTURE or ms ExcELLKScy Gov MxnIwyrurn ron TIM
UsIrEo sTArss--Is eycellency David Meriwetber uov
Of New Mexico- al Inv ~.