of the Atchafalaya, or else to adopt as a basis of settlement the uti possidetis of 1763.

2. To ratify the convention of 1802, with certain modifications.

3. To assist the United States in obtaining indemnity from France for spoliations committed by French privateers and consuls on the coasts and in the ports of Spain.

4. To require from the United States an engagement to enforce by effective measures its neutral obligations in the contest between Spain and Spanish America.

Subsequent Negoti

ations.

These proposals and counter proposals were followed by a long discussion of the subject of limits. On July 9, 1818, however, the King of Spain ratified the convention of 1802, and in the autumn De Onis received full instructions on all points at issue. On the 24th of October he submitted certain propositions, which embraced the cession of the Floridas and the mutual renunciation of claims, with a stipulation that the United States, besides certifying that they had not received compensation from France for any of the claims against Spain, should present an authentic statement of the prizes condemned by French consuls in Spain and of their true value, in order that Spain might claim the return of the amount from France. De Onis also proposed that the treaty of 1795 should be confirmed and preserved in full force, except as to that part of Article XV. which stipulated that free ships should make free goods.

Mr. Adams, replying on the 31st of October, said that the renunciation of the United States would be understood to extend:

1. To all claims provided for in the convention of 1802.

2. To all claims for captures by French privateers, and condemnations by French consuls, in Spanish jurisdiction.

3. To all claims for indemnities for the suppression of the right of deposit at New Orleans in 1802.

4. To claims against Spain which had been presented to the Department of State at Washington, or to the minister of the United States in Spain, since the date of the convention of 1802.

In answer to the proposal to confirm the treaty of 1795, Mr. Adams, while assenting generally, observed that the second, third, fourth, and twenty-first articles, and the second clause of the twenty-second article had either been fully executed or had been rendered inoperative by subsequent events. Whatever related to limits or to the navigation of the Mississippi had been extinguished by the cession of Louisiana by Spain to France and then by France to the United States, with the exception of the line between the United States and the Floridas, which was now to be annulled by the cession of those provinces.

On the 22d of February 1819 a treaty in this sense, The Florida Treaty. ceding the Floridas, making the Sabine the western limit of Louisiana, and renouncing claims, was concluded; but the ratifications were not exchanged till the 22d of February 1821. Apparently the principal cause of this delay was a question concerning certain large grants of land in Florida, made by the King of Spain to the Duke of Alagon, the captain of his guards, the Count of Punon Rostro,

Am. State Papers, For. Rel. IV. 530.

one of his chamberlains, and Mr. Vargas, treasurer of the household. It seems that the petitions of the Duke of Alagon and the Count of Punon Rostro were presented to the King in November 1817; that in December the King decided that the grants should be made; and that the royal letters patent were issued in February 1818.

The petition of Mr. Vargas seems to have been made January 25, 1818, and the letters patent bore date March 10, 1818.

By the eighth article of the treaty it was provided that all grants of land made before January 24, 1818, by His Catholic Majesty, or by his lawful authorities, in the territories ceded to the United States, should be ratified and confirmed; but all grants of land "made since the said 24th of January 1818, when the first proposal, on the part of His Catholic Majesty, for the cession of the Floridas was made," were declared to be "null and void."3

When the treaty was signed, the three grants in question were known in the United States by rumor, and were understood by the negotiators to be included in the annulment; but in order that the question might not be left undetermined, Mr. Forsyth, who was sent as minister to Spain for the purpose of exchanging the ratifications of the treaty, was instructed to present on that occasion a declaration to the effect that the grants were so included. The Spanish Government objected to the declaration as an attempt to alter the treaty, and returned one of Mr. Forsyth's notes because of the harshness of its language; but early in 1820 it sent Gen. Don Francisco Dionisio Vives to Washington with instructions to obtain certain "explanations." In a note of April 14, 1820, General Vives, besides repeating the objection to the declaration, referred to the "scandalous system of piracy” carried on from the United States against the Spanish possessions and the property of Spanish subjects; and asked that, in order to prevent further unlawful armaments, the United States would pledge itself to cause its territory to be respected. He also asked that the United States would agree not to form any relations with the revolutionary colonies in the Spanish provinces. Mr. Adams, while assuring General Vives that the United States maintained an impartial neutrality in the contest between Spain and her colonies, declared it to be a necessary consequence of that condition of things that the government could not engage not to form any relations with those provinces. As to the grants of land, Mr. Adams insisted on their nullity.

Ratification of the
Treaty.

On October 5, 1820, the Cortes in secret session advised the cession of the Floridas, and declared the grants in question null and void; and it was on this basis that the ratifications of the treaty were exchanged on the 22d of the following February.1

The patent to the Count of Punon Rostro bears date February 6, 1818. (Am. State Papers, For. Rel. IV. 524.)

Am. State Papers, For. Rel. IV. 510.

3 The proposal referred to was that made by the Chevalier de Onis in his note to Mr. Adams of January 24, 1818. (Am. State Papers, For. Rel. IV. 464.)

4 Am. State Papers, For. Rel. IV. 612, 626, 650, 701. For the purpose of settling land titles under Article VIII. of the treaty, Congress provided for

Mutual Renunciations of Claims.

By Article IX. of the treaty, the contracting parties mutually renounced “all claims for damages or injuries which they themselves, as well as their respective citizens and subjects," had suffered prior to the date of its signature; and in order that there might be no doubt as to what this engagement comprehended it was declared that the renunciation of the United States would extend:

1. To all the injuries mentioned in the convention of 1802, which was declared to be annulled.'

2. To all claims ou 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 deposit 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 territories 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 Government of the United States, had 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 the present treaty.

The renunciation of His Catholic Majesty was declared to extend: 1. To all the injuries mentioned in the convention of August 11, 1802. 2. To the sums advanced by His Catholic Majesty for the return of Captain Pike from the Provincias Internas.

the appointment of a board of three commissioners. For legislation on the subject, see acts of May 8, 1822, 3 Stats. at L. 709; February 28, 1824, 4 Id. 6; March 3, 1825, Id. 102; April 22, 1826, Id. 156; February 8, 1827, Id. 202; May 22, 1828, Id. 284; May 26, 1830, Id. 405; January 23, 1832, Id. 496. For notes of judicial decisions on the same subject, see Treaties and Conventions between the United States and other Powers, 1776-1887, pp. 1391-1397, 1398.

The ratifications of the convention of 1802 were exchanged at Washington December 21, 1818, and it was proclaimed on the following day. Owing to the pendency of a more comprehensive settlement, no steps were taken to carry it into effect.

In July 1806 Lieut. Zebulon Montgomery Pike set out from St. Louis on an expedition to the sources of the Red River. Having got by mistake within the bounds of Mexico, he was conducted by the Mexican military authorities to Santa Fé, where he arrived March 3, 1807. He was hospitably treated, but was sent under escort to Chihuahua to appear before the commanding general there. On the 2d of April he reached Chihuahua and appeared before General Salcedo, who after a few days decided to return him to the United States, under escort, by way of Texas. He left Chihuahua April 28, and arrived at Natchitoches July 1, 1807. (Coues's Expeditions of Zebulon Montgomery Pike, II. 595-717; Sparks's Am. Biography, V., 2d series, 259-279.)

3. To all injuries caused by the expedition of Miranda which was fitted out and equipped at New York.'

4. To all claims of Spanish subjects upon the Government of the United States arising from unlawful seizures at sea or within the ports and territorial jurisdiction of the United States.

5. To all claims of Spanish subjects against the United States in which the interposition of the Spanish Government had been solicited before the date of the treaty, and since the date of the convention of 1802, or which had been made to the department of foreign affairs of His Majesty or to his minister in the United States.

In addition to these renunciations, stipulations were made in regard to claims arising out of certain military operations in the Floridas. These stipulations will be discussed in the next chapter.

Assumption of Claims by United States.

By Article XI. of the treaty the United States, exonerating Spain from all demands for the American claims that had been renounced, undertook "to make satisfaction for the same, to an amount not exceeding five millions of dollars," and for this purpose to appoint a commission of three citizens of the United States, which should, within three years from its first meeting, "receive, examine, and decide upon the amount and validity of all the claims included within the descriptions above mentioned." The article further provided:

"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 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 paid by the United States, either immediately at their Treasury, or by the creation of stock, bearing an interest of

Francesco de Miranda, commonly known as General Miranda, was a native of Caracas, who came to the United States in the latter part of 1805 for the purpose of organizing an expedition against the Spanish dominions in South America. He sailed from New York in February 1806 on the ship Leander, and after procuring two schooners at Jacmel proceeded to the northern part of South America. On arriving off that coast the schooners were captured by the Spaniards; the Leander with Miranda on board escaped. On the schooners were thirty-six American citizens who had sailed on the Leander from New York, but who were transferred to the schooners at Jacmel. They were tried at Puerto Cabello on a charge of piracy, and on conviction were confined in prison at Carthagena. They alleged that they were entrapped into accompanying Miranda from New York by false statements, and that when they became cognizant of his designs they were forcibly prevented from leaving his service. They sought and obtained the interposition of the United States for the purpose of securing their release. (Am. State Papers, For. Rel. III. 256; Adams's History of the United States, III. 189, 209, 238; Lloyd's Trials of William S. Smith and Samuel G. Ogden, in July, 1806; New York, 1807.)

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."

For the purpose of carrying this article into effect Legislation for ExecuCongress passed an act, which was approved March 3, ting the Treaty. 1821, by which provision was made for the appointment of three commissioners, each at a salary of $3,000 a year; of a secretary, versed in French and Spanish, at a salary of $2,000; and of a clerk, at a salary of $1,500. By an act of May 24, 1824,2 provision was made for the payment by the Treasury of the awards of the commissioners to an amount not exceeding $5,000,000.

Appointment of Com

missioners.

March 31, 1821, President Monroe appointed as commissioners Hugh Lawson White, of Tennessee; William King, of Maine, and John W. Green, of Virginia. Mr. Green, however, did not serve, and the President, on May 9, 1821, appointed in his stead Littleton Waller Tazewell, of Virginia. Tobias Watkins was appointed as secretary, and Joseph Forrest as clerk.

Though Mr. White had never before held office under the United States, he had repeatedly served in the legislature of Tennessee, and was twice a justice of the supreme court of that State. In 1822 he was selected by the governor of Kentucky as one of the commissioners to adjust the military land claims of Virginia. In 1825 he was elected to the Senate of the United States, where he served as chairman of the Committee on Indian Affairs, a subject of which he had formerly gained some knowledge by serving under General Sevier in the Cherokee war. He opposed the Panama Mission.3

Mr. King was a native of that part of Massachusetts which became the State of Maine. Before the separation he served in the legislature of Massachusetts. He was a member of the convention that formed the constitution of Maine, and afterward became governor of the State.

Mr. Tazewell was a native of Virginia and a graduate of William and Mary College. He was admitted to practice law in 1796 and became a member of the Virginia house of delegates. Elected to Congress in 1800 as a Republican, he voted for Jefferson as President. From 1802 to 1821 he practiced law at Norfolk. Like Mr. White, he was chosen, after his service on the Spanish commission, to the United States Senate. He was reelected, but resigned in 1834. He was a member of the constitutional convention of Virginia of 1829. He was once governor of the State, but resigned before the expiration of his term +

13 Stats. at L. 639. For further appropriations see acts of April 30, 1822, 3 Stats at L. 673; March 3, 1823, 3 Id. 762.

24 Stats. at L. 33.

3 A Memoir of Judge White, with Selections from his Speeches and Correspondence, by Mrs. Scott, one of his descendants; Philadelphia, 1856. + Grigsby's Discourse on the Life and Character of the Hon. Littleton Waller Tazewell. Norfolk, 1860.