Treaty of Tordesillas

“ Treaty of Tordesillas (June 7, 1494) .—The original MS. of this document is in the Seville archives—pressmark, "Simancas—Bulas; est. 1, caj. 1, leg. 1." It is also found in the Torre do Tombo of Lisbon—its pressmark being "Gaveta 17, maço 2, no. 24;" ”

“ The controversy was not ended until 1750, when, by the first and second articles of a Spanish-Portuguese treaty signed at Madrid, it was stipulated that the demarcation lines provided for in the bull of Alexander VI [8] and in the treaties of Tordesillas [9] and Saragossa should be annulled; that Spain should permanently retain the Philippines, "in spite of the conditions contained in the Deed signed at Saragossa on the 22d of April, 1529"; and that the crown of Portugal should not be entitled to recover any part of the price which it paid under the sale effected by the said deed. ”

“ In our relations to foreign powers, it may be sometimes politic to sacrifice a portion of our rights to secure the residue. But is Spain such a power, as that it becomes us to sacrifice those rights? Is she entitled to it by her justice, by her observance of good faith, or by her possible annoyance of us in the event of war? She will seek, as she has sought, procrastination in the negotiation, taking the treaty as the basis. She will dare to offend us, as she has insulted us, by asking the disgraceful stipulation, that we shall not recognise the patriots. ”

“ By pursuing this course we shall rest on the sacred ground of right, sanctioned in the most solemn manner by Spain herself by a treaty which she was bound to ratify, for refusing to do which she must incur the censure of other nations, even those most friendly to her, while by confining ourselves within that limit we can not fail to obtain their well-merited approbation. We must have peace on a frontier where we have been so long disturbed; our citizens must be indemnified for losses so long since sustained, and for which indemnity has been so unjustly withheld from them. ”

“ It is by no means true that a state in declaring its independence rids itself of all the treaty obligations entered into by the parent government. It is a mere coincidence that this question was once raised in a case involving the obligations of Colombia as an independent state under a treaty which Spain had made with the United States many years before Spanish-American independence. ”

“ The commissioners met the Spanish commissioners in Paris on October 1. Negotiations continued until December 10, when the treaty was signed. It provided for the relinquishment by Spain of all claims of sovereignty over and title to Cuba; the cession of all other Spanish West India islands, and of Guam in the Ladrone group; the cession of the Philippines to the United States, and the payment to Spain by the United States of $20,000,000 within three months after the exchange of ratifications of the treaty; Spanish soldiers were to be repatriated at the expense of the United States. ”

“ She might, if still sovereign, notwithstanding her treaty stipulations with France, have ceded the entire territory to some other nation. That the government of Spain never supposed that any sovereign authority was retained by it after the cession to France, is apparent from the character of the treaty itself, and of the acts of the Spanish government carrying that treaty into effect. ”

“ It was certainly not for the purpose of subjecting the Spanish nation to a grinding tyranny, that Great Britain entered into the engagements of the quadruple alliance of 1835, and gave, in pursuance of the stipulations of that treaty, that active assistance, which contributed so materially to the expulsion of Don Carlos from Spain. ”

“ In accepting by the treaty of Paris the just responsibility of our victories in the Spanish War the President and Senate won the undoubted approval of the American people. No other course was possible than to destroy Spain's sovereignty throughout the West Indies and in the Philippine Islands. That course created our responsibility, before the world and with the unorganized population whom our intervention had freed from Spain, to provide for the maintenance of law and order, and for the establishment of good government and for the performance of international obligations. ”

“ A mere license to a foreign ship, documented as a foreign ship, conferring on her the privileges of Spanish trade, by a fictitious adoption similar to that which gave rise to the British rule of 1756, relative to the colonial trade, would not make her a Spanish ship. And even if Spain should abuse the immunity conferred by the treaty, it is no reason why this Court should dispense with its obligations. It is for the legislative authority to determine when political considerations will justify this country in suspending any of the provisions of a foreign treaty. ”

“ Article VII.—Spain and the United States mutually renounce by the present treaty all claim to national or private indemnity, of whatever kind, of one Government against the other, or of their subjects or citizens against the other Government, which may have arisen from the beginning of the last insurrection in Cuba, anterior to the interchange of the ratifications of the present treaty, as also to all indemnity as regards costs occasioned by the war. The United States shall judge and settle the claims of its citizens against Spain which she renounces in this article. ”

“ These letters stated the result of his conferences since he returned from Aranjuez, with Duroc, the grand marshal of the imperial palace, and with Talleyrand. An arrangement, they said, between the French and Spanish governments, might arrest the course of events, and lead to a solemn and definitive treaty upon these bases: 1st, That there should be a perfect reciprocity of free commerce for French and Spaniards in their respective colonies; each granting to the other this privilege, to the exclusion of all other nations. ”

“ To be again in the hands of Spain will mean a long and bloody war, and it is doubtful whether the end will be favourable to us. The treaty of peace sanctioned by the other powers will assure the dominion of Spain. ”

“ On June 4 Spain attempted to set herself right in the eyes of all Europe by issuing a circular letter and sending it to all the Courts. This recounted briefly the origin of the dispute and the course of the negotiations, and attempted to show the unreasonableness of the English demands and their inconsistency with her treaty obligations. It set forth the Spanish claim in the most favorable light possible, basing it on treaties and the consent of nations. ”

“ Of course, I need not say nobody questions the right of the Senate to amend the treaty as may seem to them best. I am only speaking of the matter of opportuneness and expediency. We insisted on an immediate ratification of the treaty by the Panama Government, and they acceded to our wishes. If we now, after a very long delay, send the treaty back to them amended, you can at once imagine the state of things that it will find there. The moment of unanimity and enthusiasm, which only comes once in the life of a revolution, will have passed away and given way to the play of politics and factions. ”

“ It must be obvious to all that if the United States had been desirous of making conquests, or had been even willing to aggrandize themselves in that way, they could have had no inducement to form this treaty. They would have much cause for gratulation at the course which has been pursued by Spain. An ample field for ambition is open before them, but such a career is not consistent with the principles of their Government nor the interests of the nation. ”

“ Spain will promise all, but perform nothing after we have once promised to enter into no treaty, with the Court but for a general peace. This being the only thing the Spaniards have in view, they will abandon us as soon as they, can obtain it, and if we urge on this great scheme at once, as you would have us, they would undoubtedly obtain it in a fortnight's time, for France would certainly make it with precipitation, and I know the Spaniards would be glad to purchase it on any terms. ”

“ In case of any future war between the two contracting powers, the sovereigns desired that their respective subjects in America might continue in peace, without committing acts of hostility. Neither power should permit the use of its ports to the enemy of the other; nor should such enemy be permitted a passage through the dominions of either. Several minor stipulations followed.
This memorable treaty bears witness to the sincerity and good sense of the parties by whom it was contracted ”

“ After considerable correspondence an arrangement was finally arrived at, Spain further agreeing to proceed against those who had offended the sovereignty of the United States, or who had violated their treaty rights. ”

“ She cannot, therefore, pass beyond the Natchez, situated towards the thirtyfirst degree of latitude; her rights are, therefore, confined to this degree; what is beyond, is either independent or belonging to England; neither Spain nor the Americans can have any pretensions thereto. The future treaty of peace can alone regulate the respective rights.
"The consequence of all that has been said is, that neither Spain nor the United States has the least right of sovereignty over the savages in question, and that the transactions they may carry on as to this country would be to no purpose. ”

“ If it were true that the United States acquired the whole of Alabama from Spain, no such consequences would result as those contended for. It cannot be admitted that the King of Spain could, by treaty or otherwise, impart to the United States any of his royal prerogatives; and much less can it be admitted that they have capacity to receive or power to exercise them. Every nation acquiring territory, by treaty or otherwise, must hold it subject to the constitution and laws of its own government, and not according to those of the government ceding it. ”

“ Notwithstanding that the objections, which he submitted to Brooke in regard to [356] Article 7 of the treaty, were well founded, he ought not to have entered upon such a discussion, and much less to have particularized it in such a way: he ought to have protested against the treaty as a whole, and to have declared it null, as made without the consent of Spain, which holds not only a protectorate, but sovereignty or dominion over the territory. ”

“ I invite your special attention to the provisions of the convention itself as best evidencing its scope.
From respect to the independent sovereignty of the Republic, through whose cooperation the project can alone be realized, the stipulations of the treaty look to the fullest recognition and protection of Nicaraguan rights in the premises. The United States have no motive or desire for territorial acquisition or political control beyond the present borders, and none such is contemplated by this treaty. ”

“ If the construction of the Spanish side of the treaty, as now contended, is to be adopted, and all grants before the 24th of January 1818, are confirmed by the treaty, proprio vigore,-the declaration that they shall be confirmed to the same extent that the same grants would be valid, if the territories had remained under the dominion of his catholic majesty, are entirely nugatory, and must be rejected: for we have no right to enter into the inquiry how far they would be valid under the Spanish government. ”

“ Under treaty guaranty Spain is now entitled to the Open Door in the Philippines for ten years. Under the most favored nation clause, what is thus secured to Spain would not be easily refused, even if any one desired it, to any other nation; and the door that stands open there for the next ten years will by that time have such a rising tide of trade pouring through it from the awakening East that no man thenceforward can ever close it. ”

“ By such a treaty our citizens who hold just demands against her would have no remedy either against Mexico or their own Government. Our duty to these citizens must forever prevent such a peace, and no treaty which does not provide ample means of discharging these demands can receive my sanction. ”

“ Such a treaty as she proposes would be of very great benefit to Spain, no doubt, but of none, or comparatively none, to us. Whatever we seemingly do for Cuba in the matter of such a treaty we should do indirectly for Spain. She it is who will reap all the benefit. She has still upon her hands some fifty to sixty thousand civil and military individuals, who are supported by a miserable system of exaction as high and petty officials in this misgoverned island. ”

“ The treaty with Spain never could have intended to take away the equal rights of all foreigners, who should contest ther claims before any of our courts, to equal justice; or to deprive such foreigners of the protection given them by other treaties, or by the general law of nations. ”