bigscoop
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- Jun 4, 2010
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The Adams Onis Treaty. The Adams Onis Treaty was literally the defining landmark achievement for the United States, this treaty securing Florida and that vitally important location at the very throat of the Atlantic and the Gulf. This treaty also paved the way and cleared an established route to the Pacific Ocean, another vital goal and requirement of the young and still vulnerable United States. However, there also resided in this treaty a serious situation that, if challenged, could threaten that treaty's very existence even after ratification.
Now before I get into the details of this existing threat and situation within the Adams Onis Treaty let me assure you that I have spent years researching and referencing many of the legalities involved and also referencing other similar situations that took place in history and their eventual outcomes. So it is with all of this that I can detail the very real threat that still existed. So let's get to it.......
In 1817 the United states presented the legal argument that they had every right to enter Florida because Spain had been unable to control its established borders. Keep this in mind. And it was with this questionable claim that the United States was able to sneak past any blatant charges of protest regarding illegal invasion, which Spain immediately launched. This same exact strategy was also being employed in the west by the United States, actively preparing to do just as it had done in Florida if necessary. And then came a serious train wreck, though this train wreck wouldn't be fully realized until the Adams Onis Treaty negotiations had actually begun.
The this train wreck involved revolved around two conditions, the first being the current Mexican revolution that was fully underway, and the second, this revolving around the neutral zone where both Spain and the United States had earlier agreed to temporarily “rescind their jurisdiction” over that disputed territory. You see, in international law, and also common law, you can't legally sale or transfer to another what you do not own or have full control over, and this is exactly what Spain and the United states had done when they negotiated the Adams Onis Treaty. And on top of this, the United States, due to its prior legal claim regarding its right to invade Florida, had unknowingly set an uncomfortable legal precedence as well. Why? Because due to the current revolt/revolution that was taking place in Mexico Spain clearly did not have full governmental control over that region. See where this is all going yet?
Enter Mexico, the loo sly formed party that had been successfully challenging Spain for governmental control over the region, and with the backing and help of the United States. Sound complicated? Well, it was, it was extremely complicated, indeed, especially from a legal standpoint. So in 1821 when the Adams Onis Treaty had finally been ratified it still didn't insure that the treaty would stand because that other involved third party, the one that is eluded in the Beale papers as a possible “an impostor”, this was actually in reference to Mexico. Let me explain.
You see, because of all of the above, it was quite possible that Mexico could have rejected and/or challenged the legality of the Adams Onis Treaty, and rightfully so if it had chosen to. The only this potential threat was to be avoided would be if Mexico's new and legally recognized government could be maneuvered into signing something such as the Treaty of Limits, which they eventually did, but not until 1828. This is also why the ten-year term existed in the Beale narration. Think not? Well, you might be surprised to learn that the offices in Washington had estimated that even once Mexico had won its independence from Spain that, “it would likely take 4-5 years before they had a legally recognizable form of government, perhaps even longer.” And this, my friends, is why the ten-year term was referenced in the Beale narration, and this is also just more of the political “game that was worth the candle” that was being played out. Need more proof of these facts?
The Treaty of Limits. To spare me a great deal of extended explanation allow me to simply to post the following link which will sufficiently explain all of the connecting details, and the vital importance of, this treaty;
https://en.wikipedia.org/wiki/Treaty_of_Limits_(Mexico–United_States)
And as an interesting sidebar as it relates to the narration's ten-year term, take note of the following in the link information above; “The Treaty of Limits was ratified by Mexico and the U.S. and it entered into force on 5 April 1832.”
And this, my friends, concludes part 3. Stay tuned for more!
Now before I get into the details of this existing threat and situation within the Adams Onis Treaty let me assure you that I have spent years researching and referencing many of the legalities involved and also referencing other similar situations that took place in history and their eventual outcomes. So it is with all of this that I can detail the very real threat that still existed. So let's get to it.......
In 1817 the United states presented the legal argument that they had every right to enter Florida because Spain had been unable to control its established borders. Keep this in mind. And it was with this questionable claim that the United States was able to sneak past any blatant charges of protest regarding illegal invasion, which Spain immediately launched. This same exact strategy was also being employed in the west by the United States, actively preparing to do just as it had done in Florida if necessary. And then came a serious train wreck, though this train wreck wouldn't be fully realized until the Adams Onis Treaty negotiations had actually begun.
The this train wreck involved revolved around two conditions, the first being the current Mexican revolution that was fully underway, and the second, this revolving around the neutral zone where both Spain and the United States had earlier agreed to temporarily “rescind their jurisdiction” over that disputed territory. You see, in international law, and also common law, you can't legally sale or transfer to another what you do not own or have full control over, and this is exactly what Spain and the United states had done when they negotiated the Adams Onis Treaty. And on top of this, the United States, due to its prior legal claim regarding its right to invade Florida, had unknowingly set an uncomfortable legal precedence as well. Why? Because due to the current revolt/revolution that was taking place in Mexico Spain clearly did not have full governmental control over that region. See where this is all going yet?
Enter Mexico, the loo sly formed party that had been successfully challenging Spain for governmental control over the region, and with the backing and help of the United States. Sound complicated? Well, it was, it was extremely complicated, indeed, especially from a legal standpoint. So in 1821 when the Adams Onis Treaty had finally been ratified it still didn't insure that the treaty would stand because that other involved third party, the one that is eluded in the Beale papers as a possible “an impostor”, this was actually in reference to Mexico. Let me explain.
You see, because of all of the above, it was quite possible that Mexico could have rejected and/or challenged the legality of the Adams Onis Treaty, and rightfully so if it had chosen to. The only this potential threat was to be avoided would be if Mexico's new and legally recognized government could be maneuvered into signing something such as the Treaty of Limits, which they eventually did, but not until 1828. This is also why the ten-year term existed in the Beale narration. Think not? Well, you might be surprised to learn that the offices in Washington had estimated that even once Mexico had won its independence from Spain that, “it would likely take 4-5 years before they had a legally recognizable form of government, perhaps even longer.” And this, my friends, is why the ten-year term was referenced in the Beale narration, and this is also just more of the political “game that was worth the candle” that was being played out. Need more proof of these facts?
The Treaty of Limits. To spare me a great deal of extended explanation allow me to simply to post the following link which will sufficiently explain all of the connecting details, and the vital importance of, this treaty;
https://en.wikipedia.org/wiki/Treaty_of_Limits_(Mexico–United_States)
And as an interesting sidebar as it relates to the narration's ten-year term, take note of the following in the link information above; “The Treaty of Limits was ratified by Mexico and the U.S. and it entered into force on 5 April 1832.”
And this, my friends, concludes part 3. Stay tuned for more!