ws. It is known that a regular systematic plan had been
formed by certain persons for the violation of our revenue system, which
made it the more necessary to check the proceeding in its commencement.
That the unsettled bank of a river so remote from the Spanish garrisons
and population could give no protection to any party in such a practice
is believed to be in strict accord with the law of nations. It would
not have comported with a friendly policy in Spain herself to have
established a custom-house there, since it could have subserved no other
purpose than to elude our revenue law. But the Government of Spain did
not adopt that measure. On the contrary, it is understood that the
Captain-General of Cuba, to whom an application to that effect was made
by these adventurers, had not acceded to it. The condition of those
Provinces for many years before they were ceded to the United States
need not now be dwelt on. Inhabited by different tribes of Indians and
an inroad for every kind of adventurer, the jurisdiction of Spain may
be said to have been almost exclusively confined to her garrisons. It
certainly could not extend to places where she had no authority. The
rules, therefore, applicable to settled countries governed by laws could
not be deemed so to the deserts of Florida and to the occurrences there.
It merits attention also that the territory had then been ceded to
the United States by a treaty the ratification of which had not been
refused, and which has since been performed. Under any circumstances,
therefore, Spain became less responsible for such acts committed there,
and the United States more at liberty to exercise authority to prevent
so great a mischief. The conduct of this Government has in every
instance been conciliatory and friendly to France. The construction of
our revenue law in its application to the cases which have formed the
ground of such serious complaint on her part and the order to the
collector of St. Marys, in accord with it, were given two years before
these cases occurred, and in reference to a breach which was attempted
by the subjects of another power. The application, therefore, to the
cases in question was inevitable. As soon as the treaty by which these
Provinces were ceded to the United States was ratified, and all danger
of further breach of our revenue laws ceased, an order was given for the
release of the vessel which had been seized and for the dismission of
the libel which had
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