here at any time before the meeting of Congress it would
be received and have the same effect as if it had been ratified in due
time. This order was executed, the authorized communication was made
to the Government of Spain, and by its answer, which has just been
received, we are officially made acquainted for the first time with
the causes which have prevented the ratification of the treaty by His
Catholic Majesty. It is alleged by the minister of Spain that this
Government had attempted to alter one of the principal articles of the
treaty by a declaration which the minister of the United States had
been ordered to present when he should deliver the ratification by his
Government in exchange for that of Spain, and of which he gave notice,
explanatory of the sense in which that article was understood. It is
further alleged that this Government had recently tolerated or protected
an expedition from the United States against the Province of Texas,
These two imputed acts are stated as the reasons which have induced His
Catholic Majesty to withhold his ratification from the treaty, to obtain
explanations respecting which it is repeated that an envoy would be
forthwith dispatched to the United States. How far these allegations
will justify the conduct of the Government of Spain will appear on
a view of the following facts and the evidence which supports them:
It will be seen by the documents transmitted herewith that the
declaration mentioned relates to a clause in the eighth article
concerning certain grants of land recently made by His Catholic Majesty
in Florida, which it was understood had conveyed all the lands which
till 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 explanat
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