ereigns whose territories he
appropriated, in whole or in part, as a reward for his victories." They
cited his first treaty of August 24, 1801, with Bavaria providing that
the debts of the duchy of Deux-Ponts, and of that part of the
Palatinate acquired by France, should follow the countries, and
challenged the production of any treaty of Napoleon's or of any modern
treaty where the principle of such transfer was violated.
They were able to base a stronger claim on the precedents of the New
World. They were, indeed, betrayed into some curious errors. One was
that the thirteen original States, at the close of the Revolutionary
War, paid over to Great Britain fifteen million pounds as their share
of the public debt. Another was that the payment of the Texas debt by
the United States must be a precedent now for its payment of the Cuban
debt--whereas the Texas debt was incurred by the Texas insurgents in
their successful war for independence, while the Cuban debt was
incurred by the mother country in her unsuccessful effort to put down
the Cuban insurgents. But as to the Spanish-American republics, they
were more nearly on solid ground. It was true, and was more to the
point than most of their other citations, that every one of these
Spanish-American republics assumed its debt, that most of them did it
before their independence was recognized, and that they gave these
debts contracted by Spain the preference over later debts contracted by
themselves. The language in the treaty with Bolivia was particularly
sweeping. It assumed as its own these debts of every kind whatsoever,
"including all incurred for pensions, salaries, supplies, advances,
transportation, forced loans, deposits, contracts, and any other debts
incurred during war-times or prior thereto, chargeable to said
treasuries; provided they were contracted by direct orders of the
Spanish government or its constituted authorities in said territories."
The Argentine Republic and Uruguay, in negotiating their treaties,
expressed the same idea more tersely: "Just as it acquires the rights
and privileges belonging to the crown of Spain, so it also assumes all
the duties and obligations of the crown."
The argument was certainly obvious, and at first sight seemed fair,
that what every other revolted American colony of Spain had done, on
gaining its independence, the last of the long line should also do. But
an examination shows that in no case were the circumstances suc
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