SPAIN, 1795.

TREATY OF FRIENDSHIP, LIMITS, AND NAVIGATION.

Concluded October 27, 1795. Ratifictaions exchanged at Aranjuez, April 25, 1796. Proclaimed August 2, 1796.

ARTICLE I.-(Declaration of amity.)-"There shall be a firm and inviolable peace and sincere friendship between His Catholic Majesty, his successors and subjects, and the United States and their citizens, without exception of persons or places.

ARTICLE II. (Florida boundary.)" To prevent all disputes on the subject of the boundaries which separate the territories of the two high contracting parties, it is hereby declared and agreed as follows, to wit: The southern boundary of the United States, which divides their territory from the Spanish colonies of East and West Florida, shall be designated by a line beginning on the River Mississippi, at the northernmost part of the thirty-first degree of latitude north of the equator, which from thence shall be drawn due east to the middle of the River Appalachicola, or Catahouche, thence along the middle thereof to its junction with the Flint; thence straight to the head of St. Mary's River, and thence down the middle thereof to the Atlantic Ocean. And it is agreed that if there should be any troops, garrisons, or settlements of either party in the territory of the other, according to the above mentioned boundaries, they shall be withdrawn from the said territory within the term of six months after the ratification of this treaty, or sooner if it be possible; and that they shall be permitted to take with them all the goods and effects which they possess."

ARTICLE III.-Commissioners to be appointed to survey the line designated in the preceding article.

ARTICLE IV.-(Western boundary of the United States.)"It is likewise agreed that the western boundary of the United States which separates them from the Spanish colony of Louisiana, is in the middle of the channel or bed of the River Mississippi, from the northern boundary of the said States to the completion of the thirty-first degree of latitude north of the

equator. And His Catholic Majesty has likewise agreed that the navigation of the said river, in its whole breadth from its source to the ocean, shall be free only to his subjects and the citizens of the United States, unless he should extend this privilege to the subjects of other Powers by special convention."

ARTICLE V.-Both States shall endeavor to restrain the Indians, etc.

ARTICLES VI. to X. deal with questions of protection of vessels; embargo and seizure of persons for debts or crimes; vessels forced into port by stress of weather; property taken from pirates to be restored; and vessels wrecked or foundered.

ARTICLE XI.-Personal estates of the one party within the jurisdiction of the other may be disposed of by will or otherwise.

And where a citizen of one nation inheriting real estate within the jurisdiction of the other, would not by law be allowed to hold it by reason of being an alien, he shall be allowed a reasonable time to sell the same and to withdraw the proceeds, exempt from all rights of detraction.

ARTICLE XII.-Vessels suspected shall exhibit passports and certificates.

ARTICLE XIII.-In the event of war between the two nations, merchants of the one residing in the territory of the other shall have one year for collecting and transporting their goods and merchandise.

ARTICLE XIV.-No citizen of either nation shall take a commission or letters of marque from the enemy of the other.

ARTICLE XV.-(Liberty of trade-free ships, free goods.) "It shall be lawful for all and singular the subjects of His Catholic Majesty, and the citizens, people, and inhabitants of the said United States, to sail with their ships with all manner of liberty and security, no distinction being made who are the proprietors of the merchandises laden thereon, from any port to the places of those who now are, or hereafter shall be, at enmity with His Catholic Majesty or the United States. It shall be likewise lawful for the subjects and inhabitants aforesaid, to sail with the ships and merchandises aforementioned, and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly

from the places of the enemy aforementioned, to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of the same Prince or under several; and it is hereby stipulated that free ships shall also give freedom to goods, and that everything shall be deemed free and exempt which shall be found on board the ships belonging to the subjects of either of the contracting parties, although the whole lading, or any part thereof, should appertain to the enemies of either; contraband goods being always excepted. It is also agreed that the same liberty be extended to persons who are on board a free ship, so that, although they be enemies to either party, they shall not be made prisoners or taken out of that free ship, unless they are soldiers and in actual service of the enemies."

ARTICLE XVI.-Contraband enumerated. Similar to Article XXVII. of the Plan of Treaties, and Article XXIV. of the treaty of commerce with France in 1778.

ARTICLES XVII. and XVIII.-Provide for the carrying of passports and certificates by merchant vessels, and for the right of search. See Plan of Treaties, XXVIII. to XXX.

ARTICLE XIX.-Consuls may be appointed, with the privileges and powers of those of the most favored nation.

ARTICLE XX.-The inhabitants of either State shall have free access to the courts of justice of the other.

ARTICLE XXI.-(Claims for illegál capture of American vessels by Spanish subjects.)-These claims are to be referred to two commissioners for adjudication.

ARTICLE XXII.-(Deposit of goods at New Orleans.)-"In consequence of the stipulations contained in the IV. article, His Catholic Majesty will permit the citizens of the United States, for the space of three years from this time, to deposit their merchandise and effects in the port of New-Orleans, and to export them from thence without paying any other duty than a fair price for the hire of the stores; and His Majesty promises either to continue this permission, if he finds during that time that it is not prejudicial to the interests of Spain, or if he should not agree to continue it there, he will assign to them on another part of the banks of the Mississippi an equivalent establishment."

ARTICLE XXIII.—(Ratifications.)-"Done at San Lorenzo el

Real, this seven and twenty day of October, one thousand seven hundred and ninety-five.1

THOMAS PINCKNEY.

EL PRINCIPE DE LA PAZ.

1 During the American revolutionary war Spain refused to recognize the independence of the United States, but she declared war against England, in 1779, and occupied West Florida, which she retained by the treaty of 1783. After the peace, Spain closed the lower Mississippi to the naviga. tion of the citizens of the United States, and occupied territory on that river to the north of the 31st degree of north latitude, and fortified Natchez. England, it was asserted, had ceded territory and rights to the United States which she had no authority to cede. The United States, on the other hand, insisted on the 31st degree of north latitude as their southern boundary ; and in respect of the navigation of the Mississippi, they claimed it by right under the treaties of 1763 and 1783, as well as by the law of nature and of nations. By the treaty of 1795, Spain yielded both points-boundary and the navigation of the Mississippi.

In November, 1802, the right of deposit under the 22d article, was withdrawn; but the purchase of Louisiana by the United States soon after, removed the possible controversy that might have grown out of it.

Spain was, however, extremely dissatisfied with the cession of Louisiana to the United States, and threw many obstacles in the way of their peaceable possession of it. Moreover the United States claimed West Florida as being included in the Louisiana cession, while Spain insisted on the boundary of the Iberville, and lakes Maurepas and Pontchartrain. This difference resulted in the breaking off of diplomatic relations, in 1808, which were not resumed till 1815. In the meantime the United States took forcible possession of West Florida in 1810, and annexed the larger part to the territories of Orleans and Mississippi.

On the side of Mexico there was also a boundary dispute, the United States insisting on the Rio Grande as the boundary, while the Spanish claim extended to the Mermentan. The Sabine had been considered as a provisional boundary; but Spanish troops had crossed that river, and General Wilkinson was ordered to drive them back.

The treaty of 1819 settled all these controversies with Spain.

SPAIN, 1819.

TREATY OF AMITY, SETTLEMENT, AND LIMITS.

Concluded February 22, 1819. Ratifications exchanged at Washington February 22, 1821. Proclaimed February 22, 1821.

ARTICLE I. Declaration of amity.

ARTICLE II. (Cession of the Floridas to the United States.)— "His Catholic Majesty cedes to the United States, in full property and sovereignty, all the territories which belonged to him, situated to the eastward of the Mississippi, known by the name of East and West Florida. The adjacent islands dependent on said provinces, all public lots and squares, vacant lands, public edifices, 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 left in possession of the commissaries or officers of the United States, duly authorized to receive them."

ARTICLE III.-(Boundary west of the Mississippi.)—" The boundary line between the two countries, west of the Mississippi, shall begin on the Gulph of Mexico, at the mouth of the river Sabine, in the sea, continuing north, along the western bank of that river, to the 32d 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; thence following the course to the Rio Roxo westward, to the degree of longitude 100 west from London and 23 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 42 north; and thence, by that parallel of latitude, to the South Sea. The whole being as laid down in Melish's map of the United States, published at Philadelphia, improved to the first of January, 1818. But if the source of the Arkansas River shall be found to fall north or south of latitude 42, then the line shall run from the said source due north or south, as the case may be, till it meets the said parallel of latitude 42, and thence, along the said