Relations with Spain. ciple adopted henceforth by the Union in its trea- Agreed. Agreed, with the following explanation: that all grants of land which shall not be annulled by this convention are valid to the same extent as they are binding on His Catholic Majesty,* REMARKS.-The Secretary of State observed to me that the Federal Government would most assuredly never entertain the idea of disturbing individuals who were vested with a bona fide title to their property; but, as a treaty ought not to cover fraudulent practices, so no more could be asked of the United States than could be offered by His Catholic Majesty; that, being in this case substituted for His Majesty, they would scrupulously fulfil their engagements; but that more could not be expected of them. The Secretary of State even proposes, if Mr. De Oois wishes it, that the article shall be inserted in the treaty, as proposed by the Minister of Spain, on condition that the above explanation shall be given in the form of a note. The Federal Government, unwilling to leave anything in a state of doubt or uncertainty, only wishes to place on the most secure footing whatever is just and honorable, and is, at the same time, perfectly satisfied that His Catholic Majesty neither asks nor wishes more. ART. 9. Mr. De Onis requires that the article should run thus: "To all claims of citizens of the United States upon the Government of Spain arising from [un] lawful seizures at sea, and in the ports or territories of His Catholic Majesty in Spain or in his colonies." And the high contracting parties respectively renounce all claims to indemnities for any of the recent events or transactions of their respective commanders and officers in the Floridas.* To the above claim Mr. De Onis adds that the United States will satisfy all the just claims which the inhabitants and Spanish officers of the Floridas may have upon them in consequence of the damages they may have sustained by the operations and proceedings of the American army, as is customary with the citizens of the United States under similar circumstances.* ART. 10. Agreed, as it is proposed by the Secretary of State.* Agreed.* Agreed.* Agreed.* Relations with Spain. ART. 11. The Chevalier desires that the stipulation of five millions of dollars contained in this article may be stricken out, for he is aware that the territories ceded are sufficient to pay triple that sum; and, by agreeing to that stipulation. it would appear that Spain, in consideration only of the said amount, has ceded the two Floridas and other territories, when she would not have ceded them for twenty millions were it not her desire to arrange and terminate all differences with the United States. The remaining parts of this article are agreed to.* ARTS. 12, 13, 14, and 15. Agreed.* The Secretary of State does not appear to find a positive objection to agreeing to the alteration required. However, as he conceives this article to be more important to the United States than to Spain, he will examine the question, and see whether the request of the Minister of Spain may or may not be agreed to. Agreed.* REMARKS. This article, which I have not before me, is I believe, that in which Mr. De Onis requires that American vessels shall only receive clearances for a specified port. It appears that this article cannot be assented to by the Federal Government, and is, therefore, as observed by Mr. Adams, wholly inadmissible in the present treaty. ART. 17. Mr. De Onis requires that Spanish vessels shall be admitted for twelve years into all the ports of the ceded territories upon the same footing as the vessels of the United States. 2. That no nation shall enjoy the like privilege during the said term of twelve years. 3. That, at the expiration of the said term, Spanish vessels shall be received in said territories on the same footing as the most favored nations. Agreed, as to the ports of St. Augustine and Pensacola, Agreed. Refused. N. B. It is agreed by both parties that the articles stipulating the cession of the Floridas shall be so framed as to cover the honor of both countries, and prove that the treaty is an amicable transaction, divested of all mental reservations, disguise, or recrimination. The writer of these hasty notes believes that he perfectly comprehended, and has faithfully stated, the conversation he had this morning with the Secretary of State. He will be equally attentive in stating to-morrow the answer of the Minister of Spain. He flatters himself that all obstacles are nearly removed, and he deems it no small satisfaction in having been invited, by the confidence manifested in him by both parties, to co-operate, however feebly, in an event which cannot fail to have a powerful influence on the peace and happiness of both hemispheres. G. H. DE N. WASHINGTON, February 15, 1819. Mr. De Neuville to the Secretary of State. WASHINGTON, February 16, 1819. Mr. De Neuville has the honor to present his respects to Mr. Adams, and to enclose the statement hastily drawn up by him yesterday evening. Mr. De Neuville believes he has omitted nothing of what Mr. Adams did him the honor to communicate to him. He will see Mr. De Onis today at one o'clock, and afterwards, that is, between two and three, he will call at the office of the Department, and hand to Mr. Adams the projet sent by him to Mr. De Onis. Mr. De N. hopes that Mr. De Onis will remove the remaining unimportant difficulties, for which nothing on the part of Nr. De N. will be omitted. He avails himself with pleasure of this occasion to offer to Mr. Adams the renewed assurances of his high consideration. JAMES MONROE, President of the United States of America, to all whom these presents shall concern, Greeting: Know ye, that I have given and granted, and do hereby give and grant, to John Quincy Adams Secretary of State of the United States, full power and authority, and also a general and special command, to meet and confer with the Enroy Extraordinary and Minister Plenipotentiary of His Catholic Majesty residing in the United States, being furnished with the like full powers of and concerning the limits between the territories of the United States and those of his said Catholic Majesty in North America, and any mutual cessions of part of the same; of and concerning all matters of difference between the said United States and His Catholic Majesty, and concerning the relations of navigation and commerce * The passages marked thus (*) are in English in the paper received from Mr. De Neuville. Relations with Spain. between the said United States and His Catholic Majesty; and to conclude a treaty touching the premises, for the final ratification of the President of the United States, by and with the advice and consent of the Senate thereof, if such advice and consent be given. In testimony whereof, I have caused the seal of the United States to be hereunto affixed. Given under my hand at the City of [L. S.] Washington, the sixteenth day of February, A. D. 1819, and of the independence of the United States the forty-third. JAMES MONROE. Onis. Don Ferdinand, by the grace of God, King, &c., &c., &c., desiring to consolidate the friend ship and good understanding which happily prevail between my kingdoms and the United States of America, through the mutual interests existing between the two Governments, and reposing full confidence in you, Don Luis de Onis. Knight of the royal and distinguished order of Charles III., and my Minister Plenipotentiary to the United States of America, by reason of your fidelity, distinguished zeal, and approved capacity, in the arduous concerns committed to you, have granted, and by these presents do grant, to you full power, in the most ample form, to treat, of yourself, and without other intermediate authority, with such person or persons as may be authorized by the President of the United States, and on the principles of the most perfect equality and fitness, to conclude and sign a treaty of amity, whereby past differences may be adjusted, and a firm and lasting peace established between the two Governments; obliging ourselves, as we do hereby oblige ourselves and promise, on the faith and word of a King, to approve, ratify, and fulfil, and to cause to be inviolably observed and fulfilled, whatsoever may be stipulated and signed by you; to which intent and purpose I grant you all authority and full power, in the most ample form, thereby and of right required. In faith whereof, we have given command to issue the present, signed with our royal hand, sealed with our privy seal, and countersigned by our underwritten first Secretary of State, and of universal despatch. Given at Madrid, the 10th day of September, 1816. parties, have determined to settle and terminate all their differences and pretensions by a treaty, which shall designate, with precision, the limits of their respective bordering territories in North America. With this intention, the President of the Uni ted States has furnished with their full powers John Quincy Adams, Secretary of State of the said United States, and His Catholic Majesty has appointed the most excellent Lord Don Luis de Onis Gonzales Lopez y Vara, Lord of the town of Rayaces, perpetual regidor of the corporation of the city of Salamanca, Knight grand cross of the royal American order of Isabella, the Catholic, decorated with the lys of La Vendée, knightpensioner of the royal and distinguished order of Charles III., member of the supreme assembly of the said royal order, of the council of His Catholic Majesty, his secretary, with exercise of decrees, and his Envoy Extraordinary and Minister Plenipotentiary near the United States of America. And the said plenipotentiaries, after having exchanged their powers, have agreed upon and concluded the following articles: ARTICLE 1. There shall be a firm and inviola ble peace and sincere friendship between the United States and their citizens, and His Catholic Majesty and subjects, without exception of persons or places. United States, in full property and sovereignty, ART. 2. His Catholic Majesty cedes to the all the territories which belong to him, situated to the eastward of the Mississippi, known by the names of East and West Florida. The adjacent lots and squares, vacant lands, public edifices, islands dependent on said provinces, all public fortifications, barracks, and other buildings, which are not private property, archives, and documents, which relate directly to the property and sovereignty of said provinces, are included in this article. The said archives and documents shall be of the United States duly authorized to receive left in possession of the commissioners or officers them. countries west of the Mississippi, shall begin on ART. 3. The boundary line between the two the Gulf of Mexico, at the mouth of the river Sabine, in the sea; continuing north, along the western bank of that river, to the thirty-second degree of latitude; thence, by a line due north, to the degree of latitude where it strikes the Rio Roxo of Natchitoches, or Red river; then, following the course of the Rio Roxo, westward, to the degree of longitude one hundred west from London, and twenty-three from Washington; then, crossing the said Red river, and running thence, by a line due north, to the river Arkansas; thence, following the course of the southern bank of the Arkansas to its source, in latitude forty-two degrees north; and thence, by that parallel of latitude, to the South sea; the whole being as laid The United States of America and His Catho- down in Melish's map of the United States, public Majesty, desiring to consolidate, on a perma- lished at Philadelphia, improved to the 1st of nent basis, the friendship and good correspond-January, 1818. But if the source of the Arkansas ence which happily prevail between the two river shall be found to fall north or south of lati [L. 9.] FERDINAND. Treaty of Amity, Settlement, and Limits, between the United States of America and His Catholic Majesty. Relations with Spain. possession of the places occupied by them shall be given within six months after the exchange of the ratifications of this treaty, or sooner if possible, by the officers of His Catholic Majesty, to the commissioners or officers of the United States duly appointed to receive them; and the United States shall furnish the transports and escort necessary to convey the Spanish officers and troops and their baggage to the Havana. tude forty-two degrees, then the line shall run from the said source, due south or north, as the case may be, till it meets the said parallel of latitude of forty-two degrees; and thence, along the said parallel, to the South sea; all the islands in the Sabine, and the said Red and Arkansas rivers, throughout the course thus described, to belong to the United States; but the use of the waters, and the navigation of the Sabine to the sea, and of the said rivers Roxo and Arkansas, throughout ART. 8. All the grants of land made before the the extent of the said boundary, on their respect- 24th of January, 1818, by His Catholic Majesty, ive banks, shall be common to the respective or by his lawful authorities, in the said territories inhabitants of both nations. The two high con- ceded by His Majesty to the United States, shall tracting parties agree to cede and renounce all be ratified and confirmed to the persons in pos their rights, claims, and pretensions to the terri- session of the lands, to the same extent that the tories described by the said line, that is to say: same grants would be valid if the territories had The United States hereby cede to His Catholic remained under the dominion of His Catholic Majesty, and renounce forever, all the rights, Majesty. But the owners in possession of such claims, and pretensions, to the territories lying lands, who, by reason of the recent circumstances west and south of the above described line; and, of the Spanish nation, and the revolutions in Eu in like manner, His Catholic Majesty cedes to rope, have been prevented from fulfilling all the the said United States all his rights, claims, and conditions of their grants, shall complete them pretensions to any territories east and north of within the terms limited for the same, respect the said line, and, for himself, his heirs, and suc-ively, from the date of this treaty; in default of cessors, renounces all claim to the said territories forever. ART. 4. To fix this line with more precision, and to place the landmarks which shall designate exactly the limits of both nations, each of the contracting parties shall appoint a commissioner and a surveyor, who shall meet, before the termination of one year from the date of the ratification of the treaty, at Natchitoches, on Red river, and proceed to run and mark the said line, from the mouth of the Sabine to the Red river, and from the Red river to the river Arkansas, and to ascertain the latitude of the source of the said river Arkansas, in conformity to what is above agreed upon and stipulated, and the line of latitude forty-two degrees, to the South sea; they shall make out plans and keep journals of their proceedings, and the result agreed upon by them shall be considered as part of this treaty, and shall have the same force as if it were inserted therein. The two Governments will amicably agree respecting the necessary articles to be furnished to those persons, and also to their respective escorts, should such be deemed necessary. ART. 5. The inhabitants of the ceded territories shall be secured in the free exercise of their religion, without any restriction; and all those who may desire to remove to the Spanish dominions shall be permitted to sell or export their effects at any time whatever, without being subject, in either case, to duties. ART. 6. The inhabitants of the territories which His Catholic Majesty cedes to the United States by this treaty, shall be incorporated in the Union of the United States, as soon as may be consistent with the principles of the Federal Constitution, and admitted to the enjoyment of all the privileges, rights, and immunities, of the citizens of the United States. ART. 7. The officers and troops of His Catholic Majesty in the territories hereby ceded by him to the United States shall be withdrawn, and which the said grants shall be null and void. All grants made since the 24th day of January, 1818, when the first proposal, on the part of His Catho lic Majesty, for the cession of the Floridas was made, are hereby declared and agreed to be null and void. ART. 9. The two high contracting parties, animated with the most earnest desire of concilia tion, and with the object of putting an end to all the differences which have existed between them. and of confirming the good understanding which they wish forever to be maintained between them, reciprocally renounce all claims for damages of injuries which they themselves, as well as their respective citizens and subjects, may have suffered, until the time of signing this treaty. The renunciation of the United States will extend 1. To all the injuries mentioned in the convention of the 11th of August, 1802. 2. To all claims on account of prizes made by French privateers, and condemned by French consuls, within the territory and jurisdiction of Spain. 3. To all claims of indemnities on account of the suspension of the right of deposite at New Orleans, in 1802. 4. To all claims of citizens of the United States upon the Government of Spain, arising from the unlawful seizures at sea, and in the ports and ter ritories of Spain or the Spanish colonies. 5. To all claims of citizens of the United States upon the Spanish Government, statements of which, soliciting the interposition of the Govern ment of the United States, have been presented to the Department of State, or to the Minister of the United States in Spain, since the date of the convention of 1802, and until the signature of this treaty, The renunciation of His Catholic Majesty er tends Relations with Spain. 1. To all the injuries mentioned in the convention of the 11th of August, 1802. 2. To the sums which His Catholic Majesty advanced for the return of Captain Pike from the Provincias Internas. 3. To all injuries caused by the expedition of Miranda, that was fitted out and equipped at New York. 4. To all claims of Spanish subjects upon the Government of the United States, arising from dunlawful seizures at sea, or within the ports and territorial jurisdiction of the United States. Finally to all the claims of subjects of His Catholic Majesty upon the Government of the United States, in which the interposition of His Catholic Majesty's Government has been solicited before the date of this treaty, and since the date of the convention of 1802, or which may have been made to the Department of Foreign Affairs of His Majesty, or to his Minister in the United States. And the high contracting parties respectively renounce all claim to indemnities for any of the recent events or transactions of their respective commanders and officers in the Floridas. The United States will cause satisfaction to be made for the injuries, if any, which, by process of law, shall be established to have been suffered by the Spanish officers, and individual Spanish inhabitants, by the late operations of the American army in Florida. ART. 10. The convention entered into between the two Governments on the 11th of August, 1802, the ratifications of which were exchanged the 21st December, 1818, is annulled. as may be in their possession, for the adjustment of the said claims, according to the principles of justice, the laws of nations, and the stipulations of the treaty between the two parties, of 27th October, 1795; the said documents to be specified when demanded at the instance of the said commissioners. The payment of such claims as may be admitted and adjusted by the said commissioners, or the major part of them, to an amount not exceeding five millions of dollars, shall be made by the United States, either immediately at their Treasury, or by the creation of stock bearing an interest of six per cent. per annum, payable from the proceeds of sales of public lands within the territories hereby ceded to the United States, or in such other manner as the Congress of the United States may prescribe by law. The records of the proceedings of the said commissioners, together with the vouchers and documents produced before them, relative to the claims to be adjusted and decided upon by them, shall, after the close of their transactions, be deposited in the Department of State of the United States; and copies of them, or any part of them, shall be furnished to the Spanish Government, if required, at the demand of the Spanish Minister in the United States. ART. 12. The treaty of limits and navigation of 1795 remains confirmed in all and each one of its articles, excepting the second, third, fourth, and twenty-first, and the second clause of the twenty-second article, which, having been altered by this treaty, or having received their entire execution, are no longer valid. With respect to the fifteenth article of the same treaty of friendship, limits, and navigation, of 1795, in which it is stipulated that the flag shall cover the property, the two high contracting parties agree that this shall be so understood with respect to those Powers who recognise this principle; but, if either of the two contracting parties shall be at war with a third party, and the other neutral, the flag of the neutral shall cover the property of enemies whose Government acknowledges this principle, and not of others. ART. 11. The United States, exonerating Spain from all demands in future, on account of the claims of their citizens, to which the renunciations herein contained extend, and considering them entirely cancelled, undertake to make satissfaction for the same, to an amount not exceeding five millions of dollars. To ascertain the full amount and validity of those claims, a commission, to consist of three commissioners, citizens of the United States, shall be appointed by the President, by and with the advice and consent of the Senate; which commission shall meet at the ART. 13. Both contracting parties, wishing to City of Washington, and, within the space of favor their mutual commerce, by affording in three years from the time of their first meeting, their ports every necessary assistance to their shall receive, examine, and decide upon the respective merchant vessels, have agreed that the amount and validity of all the claims included sailors who shall desert from their vessels in the within the descriptions above mentioned. The ports of the other shall be arrested and delivered said commissioners shall take an oath or affirma- up, at the instance of the consul, who shall prove, tion, to be entered on the record of their proceed- nevertheless, that the deserters belonged to the ings, for the faithful and diligent discharge of vessels that claimed them, exhibiting the docutheir duties; and in case of the death, sickness,.ment that is customary in their nation; that is to or necessary absence of any such commissioner, his place may be supplied by the appointment as aforesaid, or by the President of the United States Eduring the recess of the Senate, of another commissioner in his stead. The said commissioners shall be authorized to hear and examine, on oath, every question relative to the said claims, and to receive all suitable authentic testimony concerning the same. And the Spanish Government shall furnish all such documents and elucidations say, the American Consul in a Spanish port shall exhibit the document known by the name of articles, and the Spanish Consul in American ports the roll of the vessel; and if the name of the deserter or deserters, who are claimed, shall appear in the one or the other, they shall be arrested, held in custody, and delivered to the vessel to which they shall belong. ART. 14. The United States hereby certify that they have not received any compensation from |