Treaties, Their Making and Enforcement (Volume 54-56)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904. Excerpt: ... having been mutually agreed to by the full treaty-making powers of the two states. The purpose of the treaty had been to do away with British pretensions in Central America, not to confirm them, and any exception to this general purpose and to the wording of the treaty should have been expressly stated. Whether or no Belize was excepted from the operation of the treaty, depended entirely upon the geographical fact of its location without or within the boundaries of Central America as then known. But, if this fact was not clearly ascertainable, the memoranda, as expressions of those intimately connected with the formation of the article, could not be overlooked.' (d) The Language If the treaty is drawn up in the language of each of the contracting parties, and each is an original, ' the two versions are to be construed collectively. In case they cannot be made to harmonize, the version of the party granting is to be accepted so far as regards the concession. Article VIII of the treaty of February 22, 1819, by which Spain ceded Florida to the United States, differed in the two versions in respect to the grants made by the King of Spain prior to January 24, 1818. In the Spanish text it was stipulated that all these grants shall remain ratified and confirmed,' while the English original read shall be ratified and confirmed. In a construction of the clause by the Supreme Court in 1832, Mr. Justice Baldwin, in delivering the decision of the Court, said, The King of Spain was the grantor, the treaty was his deed, the exception was made by him, and its nature and effect depended on his intention, expressed by his words, in reference to the thing granted and the thing reserved and excepted in and by the grant. The Spanish version was in his words and expressed...