manifested by the number of causes which now await
the determination of His Majesty, as soon as they can be brought to his
royal knowledge, besides many others which have been dropt because the
individuals have absconded who introduced their properties into the
deposit and did not extract them, thus defrauding the royal interests.
It might appear on the first view that particular cases like these ought
not to operate against a general privilege granted by a solemn treaty,
and it is an incontestable principle that the happiness of nations
consists in a great measure in maintaining a good harmony and
correspondence with their neighbors by respecting their rights, by
supporting their own, without being deficient in what is required by
humanity and civil intercourse; but it is also indubitable that for a
treaty, although solemn, to be entirely valid it ought not to contain
any defect; and if it be pernicious and of an injurious tendency,
although it has been effectuated with good faith but without a knowledge
of its bad consequence, it will be necessary to undo it, because
treaties ought to be viewed like other acts of public will, in which
more attention ought to be paid to the intention than to the words in
which they are expressed; and thus it will not appear so repugnant
that the term of three years fixed by the twenty-second article being
completed without the King's having granted a prolongation, the
intendancy should not, after putting a stop to the commerce of neutrals,
take upon itself the responsibility of continuing that favor without the
express mandate of the King, a circumstance equally indispensable for
designating another place on the banks of the Mississippi.
From the foregoing I trust that you will infer that as it is the duty of
the intendant, who conducts the business of his ministry with a perfect
independence of the Government, to have informed the King of what he has
done in fulfillment of what has been expressly stipulated, it is to be
hoped that His Majesty will take the measures which are convenient to
give effect to the deposit, either in this capital, if he should not
find it prejudicial to the interests of Spain, or in the place on
the banks of the Mississippi which it may be his royal pleasure to
designate; as it ought to be confided that the justice and generosity
of the King will not refuse to afford to the American citizens all
the advantages they can desire, a measure which does not depen
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