Literary Cadet And Cheap City Advertiser (Newspaper) - January 13, 1820, Cincinnati, Ohio
NO. 8.AND CHEAP CITY ADVERTISER.CINCINNATI, OHIO, THURSDAY, JANUARY 18, 18S0.
KDITED BY JOSEPH BUCHANAN. Printed by Looker, Reynolds ^ Co.
No. 108, Main Street.
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OJ the Spanish documents, commw^eated to Congress by the executive on 7th ultimo. \
'JThcse documents commence witn extracts from the documents communicated at the previous session, respecting the grants of land in Florida, abtmt the con-hnnation of which under the late treaty, there is a misunderstanding or disagree* inent between the two governments. The first i? an extract of a letter from Mr. Erving to Mr. Adams, dated at Madrid as early as 10th February 1818; in which tbe former informs the latter, that the king had then lately made large grants of land in East Floriaa, to sevefal of his favorites ; and within a few days previous, bad given, by a sweeping grant, all the remainder to tbe Duke of Alagon and the Count of Punon Rostro. A tew days af-lerwards, Mr. Erving procured, and en-cTbsed to Mr. Adams, extracts from the deeds to the duke and count, in whicli the grants to them were made; and, at the same time, reiterated his information and belief, that the king had now given away, all the lands in the Floridas, which had not been previously granted. The extracts descrié certain boundaries,with-in which all the uncultivated lands are granted to those persons. In April, tl»e copy of another grant, to Pedro de Vargas, was procured and transmitted.
On the 26th of that month, Mr. Erving communicated the desire of the Spanish minister, Mr. Pizarro, to transfer tne ne-gociatioTi to Washington, to the conduct of Don Onis; and that he had brought Mr..Pizarro to consent, that the recent grants in the Floridas might be cancelled, vrith a view to the cession of that coiin-an indemnity for oar claims on the Spaniflh gjovemment. His next communications in May and June contain the information, that the grantees had been enjoined from selling their lands; and that conditions, which they were required by the laws of the Indies to perform, would be impracticable, and render the grants void. But in July he received intimations, that the imunction not to sell was removed, from Vargas at least; and on application to Pizarro, the latter quieted hia apprehensions by replying—** I repeat to you ait that I have said on this subject; consequently you may be tranauil; and 1 flatter myself that nothing will happen, which can hinder the negociations’’ at Washington.
A copy of the grant from the king to Punon liustro is the next document: it was procured and transmitted in September. It grants the country lying from the Gulf to the northern boumlaiy, between the Perdido and the Amusafa and ÍA lohnt; and recites that ** by a royat order of the I7th December^ in 18ir,the gvint had been made known to the Cimn-cii of the Indies, fur its due execution; but iltie document, or deed to the count, been dele 6th February 1818. In the
onrat for tne put, which it in ddf deed, lUtea tint e coBntrr wstiim the U;
We have next, a proposition made by Don tinis in October, 1818, to cede the Floridas, subject to a confirmation of all grants and leral sales made previous to mat time. Mr. Adams replied, that they could not be accepted on those terms, as an indemnity for the claims of our citizens ; and that from the Communications of Don Fizarro to Mr. Erving, it w'as expected the late grants would be cancelled, if the cession was proposed as an indemnity. In answer to this, Don Onis made known the willingness of his master, that all grants subsequent to the 24th January 1818, when he first proposed the cession, should be null and void, as the^ were in fact, on account of their conditions not having been fulfilled by the grantees.
The rest of the documents are now for the first time published, and exhibit the negociations immediately preceding the conclusion of the late treaty, and the transactions which have grown out of it.
The first is a letter from Don Onis to Mr. Adams, dated 11th January 181P, in which the Don announces, that he had just received fresh dispatches from his master, authorising hifti to agree upon a boundary line to the Pacific ocean, and requests a renewal of the negociatioii, which he says had been interrupted chiefly for want of that authority. After an interview witli Mr. Adams, he proposes on the 16th, that the boundary line, on which they had previously agieea in part, should be continued westward from the source of the Missouri to the Columbia river, and down t*ie middle of that river to the Pacific ocean. If this boundary was accepted, he would waive the indemnity claimed for the occupation of Florida by general Jackson. Mr. Adams in reply- declared the boundary inadmissible; called his attention to the proposal made in October preceding; and informed him, that if he could not accede to that proposal, nor had power to settle other uiflTerences sepa ratelj, the. President was not disposetl to continue the negociation. On the 1 sto' Februarythe Don alleged ill afifiit?, Wt he had not heard from his master, 9Ín<ée the proposal in question had been receive! at Madrid; but had full powers to adjust all points brought into the controversy, and known to the king, at the date of his last instructions; and would take upon himself the definitive settlement of all the points in controversy. He agrees to the sugestión of Mr. Adams, that tlm parties should waive what they may respectively consider their rmhts, and aim at a settlement on principles of expediency. He rejects the Red river to its source, as the b^ndary, and proposes, that it shall be the Sabine to its source, thence along the 94th degree of longitude to Red river, up that river to the 9Jth degree, thence due north to tlie Arkansas, and along it to its source; thence west to the source of the Multnomah, in latitude 41, and along that river to the Pacific. Upon this boun dary being accepted, he will abandon the claim of Spain to indemnity for the occupation of the Floridas. Mr. Adams tlien submitted the project of an article on the boundary, which describes it somewhat further west, after leaving the Sabine; and as running west on the 41st degree of latitude, fmm the source of the Arkansas to tbe Pacific ocean.
The next document is the project of a treaty drawn up by Don Onis, and submitted to the Secretary on tlie 9lh Feb. 1819. It stipulates the cession of the Floridas,in full property and suvereiirnty. describes a line for the western boundary, between those previously prup(wed on each skle j confirms all grants oí lands except tlioiá made after the 24th of Jan 1818, ** which shall be held null, in con sideratios of the grantees not having com plied with the conditions of the cession; reciprocally i-enounces all claims for damages or injuries, which the contmcting tnrties, or their subjects and citizens, may have sufleretl.till the signing of the treaty annuls the convention of 1802* which hat retieatly been ratified, and ^firms tlw treaty of limits and navigation 1795 except «0 far as now supfiweded; prohi-bita me clearing out of vniHb4fffta€ral as fiir áhe
flee. aAl reqiiilfkHhfil Id be epecified and e. penklty of being liable tod condemiiatiili t that desertera tka isefdMuii wÉitis of eidier nation, in pMof AeMkefcirfhidl bedtttvered ap, on ndula by tho c«ifu
that the United States will furnish an authentic statement of the injuries suf-’ered ty their citizens from the French authorities, while in the occupation of ^pain,and certify tliat no redress for them las been received from France, to the end that Spain, having now Kitisfied the y. S. may prosecute their claim to indemnity Vom France; and that Spanish vessels shall be admitted for 12 years into the ;>orts of the Floridas, without paying ligher imposts, or duties on their tonnage, than are paid by vessels of the United States.
The counter project of a treaty by Mr. Adams is then submitted on the 13th of Feb. It describes the boundary somewhat further to the west between the Red river and Arkansas, and calls for the 41st degree of latitude from tlie source of the alter to the Pacific ocean: it invalidates all grants in the Floridas prior as well as subsequent to tbe 24th Jan. 1818, where the grantees have not complied with the conditions of their grants: but in most other respects, it agrees substantially with the project of tlie Don. It contains however an entire new article, prescribing the mode in which tlie clmms of our citizens, to the amount of five millions of dollars, shall be ascertained and paid.
This article looks very much like taking advantage of the treaty snaking power to LEGISLATE/or the nation. It was nothing to Spain, whether those claims were as-certaioed and liquidated in one way or another; or whether they were entirely neglected by our government. Her only concern was to be freed from them. She bail nothing to do with the mode of their proof and liquidation. That was iroper subject for the municipal law or egislature, and could not with propriety be introduced into a treaty, to which a foreign power must be a party. When the administration had stipulated to exonerate Spain, and assume tlte liquidation of the claims it was urging upon her, it had done all that w'as proper to be done in a further, ai^ »
í^'gulations, in which she had no interest she was drawn into an impertinent interference in our domestic concerns, and made to sujiersede the functions of congress in domestic legislation. It was a palpable prostitution of the treaty making p<jwcr to the purposes of legislative usurpation by tne executive branch of the govei nment,
'ftÍ8 project is followed by a variety of notes, containing the remarlts and objections ot both parties, concerning its provisions, and further amendments pro^ posed to them. It is remarkable, that the Spanish minister objected to the insertion ot a limit, as to the amount of the claims to be paid by our government to its citizens. He wished that clause, limitins the amount to five millions, as proposed by Mr. Adams, to be struck out; because it impiiéd,that the territory ceded by Spain, i^eeably to her own estimation, was not worth more than that sum; when in his opinion it was worth at least twenty millions.
Pieliminary to the treaty, as concluded, we next have tim comaiissions of the President and the king of Spain to Mr. Adams and Don Onis, con(erring upon tliem full powers to negociale and conclude the treaty. An extract from the authority of the Don has already been laid belore our readers, showing the unlimited nature of his powers, and the pledge of his master, **on the faith and woixT of a king, to -approve, ratify and fulfil-—vvlmtBocvcr m^ht be stipulated and signed by him.’^
We now come to tile treaty itself, whicb the president proposes to carry into execution without the consent of Spain, unless she v. ili speedily give her consent by its ratification. It commences, after tiic usual furmalitiet, with a cession of the Floridas in full pioperty and soverdgn^ and then describes the western boendKv, as ruoning op the #ett l»nk of Salme from the uuif S2d dg|^ north
latitude ; tblMo Mrth to tha lUd river; up tliat river westward to 106* west longitude froip London, or 28* from Washington ; tkonee north to the Arkanias, am up tho southern its source in latitude waNtmthM paralb l.to ^ «áversfoirotiiftj is to hi^ Ho aoi **f
their rights, claims, and pretelbkions, to the tcrntories lying west and south of the above described lineor as the pre-^kient expresses it m his message—“For territoi^ ceded by Spain [viz. the Florida», “ ioreality, of no value to her,**1 other territory oí m'$fU value, to xvhiái our claim was believed to be well founded, was ceded by the United States, and in a quarter more interesting to her.’’
The president might well say, that it was a territory of ^eat value f for ít is sufiiciently large to form four or five states of the usual size; and a large portion of it is, at least, as valuable as any other land in Nor^ America. If a land office were now opened, in the part adjoining Louisiana, it would command, at the present moment, a higher price, tiian the public lands in almost any other part of our territories, But estimating the whole at tbe congress price of two dollars per acre, it will be seen, that its total value is about
TWO HUNDRED MILLIONS OF DOLLARS ; for
it contains probably more ffian one hundred millions of acres. There can be no doubt, that within an age from this time, it would bring into the treasury, more money than would pay off the national debt, and all the claims of our merchants for Spanish outrages. In a commercial point of view, it is also immensely yidu-able. When settled by our radustrious and enterprising citiy^ens, it would produce great quantities of sugar and cotton for the use of our tables and manufactories, and without which we must become tributary hereafter to some other people. Nor is it a consideration of little weight with the philanthropist, that by incorporating that country into the dominions of this republic, the blessings of liberty and republican institutions would be secured to a region, which at a jieriod not very distant will contain a numerous and wealtiiy population.
'fhe 4th article provides for running the line, as described, from the mputh of the iWne to the Pacific ocean; the 5th gMtr-qfifocs their religion, inhabit-
■ ' aLamaiImI twrii'^Ties; the kth pro-
vide» for4he incorporatluii ef the Fiondaa into theXTnion; the 7th prescribes the time and manner of their oelivery to the American authorities; and the 8th annuis “ all grants made since the 24th Januaiy 1818, when the first proposgl on the part of his Catholic Majesty, for the cession of tlie Floridas, was madebut confirms all grants prior to that time, to the laral extent that they would be valid, if the territories had remained the property of Spain; and allows the mnteesfu long t time, from the date of me treaty,to fulfil the conditions uf their grants, respectively, as they were allowed originaHy from the dates of their grants.
Tbe 9th article renounces, on both sides, all claims for damages and iojuries sustained by cither party, or by its subjects, or citizens, except “ the injuries which, by process of 4pw, shall be established to have been suftered by the Spdoish officers or iiihabitnnts, from foe late dperations'eC the American arm/in'FIorida,** for which the U. S. stipulate to make satiifactidfK.
I’he 10th annuls the convention of recently ratified; and tiie 11th, usurping the functions of congress, pi|^ribe8 the municipal ,tribunal and regulatioiit, by which the claims of our citizens shall be ascertained, and the amount to which they shall be paid; and also the manner, in which payment shall be made, viz. “ either immediately at the treasury,* or by tbe ereation of stock, bearing an interest of ^aig per cent’* and redeemable by the pfWee^ of tlte jales of public lanea in the ilori(da» t to whidh the treaty ^
congrpaa.of scribe By
of ^ »c0b
ly condescended aich other mjaner,isthe United
articiei, the treaty deserters from nier-vesseli iifotobeki^ftup; tbede-and Ustdmnts reapect-
rt gnsdgi; and cooNig direc\fimui Spa^
teM with Spanish ^ dwé» oridwttfactiirM, araiBowed for ti
, , to enter tbe por|^ PewHMlli' aini#t. Augnstme, without pajifig Mgher dtiHet than Amerkaii veeaiis.
Such ia the tsiitT, witich we avoreqoi-
ftiffiTOWlI-lmiidréda ríóforofioo ée