Presidents -- United States -- Messages; United States -- Politics and government -- Sources
It will be seen by the documents transmitted herewith that the declaration
mentioned relates to a clause in the 8th article concerning certain grants
of land recently made by His Catholic Majesty in Florida, which it was
understood had conveyed all the lands which until then had been ungranted;
it was the intention of the parties to annul these latter grants, and that
clause was drawn for that express purpose and for none other. The date of
these grants was unknown, but it was understood to be posterior to that
inserted in the article; indeed, it must be obvious to all that if that
provision in the treaty had not the effect of annulling these grants, it
would be altogether nugatory. Immediately after the treaty was concluded
and ratified by this Government an intimation was received that these
grants were of anterior date to that fixed on by the treaty and that they
would not, of course, be affected by it. The mere possibility of such a
case, so inconsistent with the intention of the parties and the meaning of
the article, induced this Government to demand an explanation on the
subject, which was immediately granted, and which corresponds with this
statement.
With regard to the other act alleged, that this Government had tolerated
or protected an expedition against Texas, it is utterly without
foundation. Every discountenance has invariably been given to any such
attempt within the limits of the United States, as is fully evinced by the
acts of the Government and the proceedings of the courts. There being
cause, however, to apprehend, in the course of the last summer, that some
adventurers entertained views of the kind suggested, the attention of the
constituted authorities in that quarter was immediately drawn to them,
and it is known that the project, whatever it might be, has utterly
failed.
These facts will, it is presumed, satisfy every impartial mind that the
Government of Spain had no justifiable cause for declining to ratify the
treaty. A treaty concluded in conformity with instructions is obligatory,
in good faith, in all its stipulations, according to the true intent and
meaning of the parties. Each party is bound to ratify it. If either could
set it aside without the consent of the other, there would be no longer any
rules applicable to such transactions between nations.
By this proceeding the Government of Spain has rendered to the United
States a new and very serious injury. It has been stated that a minister
would be sent to ask certain explanations of this Government; but if such
were desired, why were they not asked within the time limited for the
ratification?
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