Charles William Eliot.

American historical documents 1000-1904, with introductions, notes and illustrations online

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On Lake Ontario to one vessel not exceeding One Hun-
dred Tons burden and armed with an eighteen pound can-
non. On the Upper Lakes to two vessels not exceeding
the like burden each, and armed with like force, and on
the waters of Lake Champlain to one vessel not exceeding
like burden and armed with like force.

And it agrees that all other armed vessels on these Lakes,
shall be forthwith dismantled, and that no other vessels of
war shall be there built or armed. And it further agrees,
that if either party should hereafter be desirous of annull-
ing this stipulation and should give notice to that effect to
the other party, it shall cease to be binding after the ex-
piration of six months from the date of such notice.

The undersigned is also directed by The President to
state, that proper orders will be forthwith issued by this
Government to restrict the naval force thus limited to
such services as will in no respect interfere with the proper
duties of the armed vessels of the other party.

The undersigned eagerly avails himself of this opportu-
nity to tender to Mr. Bagot the assurances of his distin-
guished consideration and respect

Richard Rush.

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[While In tht hands of Spain, Florida was the source of much
annoyance to the Southern States. Fugitive slaves took refuge there ;
the white population was largely of a lawless character; and the
* Seminole Indians often made incursions into Georgia. After the
United States had been forced to invade the territory and take
possession of part of it, Spain ceded it by the treaty of 1819.]

Treaty of Amity, Settlement, and Limits between the
United States op America and His Catholic Maj-
ESTY, Concluded at Washington February 22, 1819;
Ratification Advised by Senate February 24, 1819;
Ratified by President; Ratified by the King of
Spain October 24, 1820; Ratification Again Advised
by Senate February 19, 1821 ; Ratified by President
February 22^ 1821; Ratifications Exchanged at
Washington February 22^ 1821; Proclaimed Febru-
ary 22, 1821.

THE United States of America and His Catholic Maj«
esty, desiring to consolidate, on a permanent basis, the
friendship and good correspondence which happily pre-
vails between the two parties have determined to settle and
terminate all their differences and pretensions, by a treaty,
which shall designate, with precision, the limits of their re-
spective bordering territories in North America.

With this intention the President of the United States has
furnished with their full powers John Quincy Adams, Secre-
tary 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 Vendee, Knight Pensioner of the Royal and Distin-

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gulshcd Spanish Order of Charles the Third, Member of
the Supreme Assembly of the said Royal Order; of the
Council of His Majesty; His Secretary, with Exercise of
Decrees, and His Envoy Extraordinary and Minister Pleni-
potentiary near the United States of America;

And the said Plenipotentiaries, after having exchanged
their powers, have agreed upon and concluded the following

Akticlx I

There shall be a firm and inviolable peace and sincere
friendship between the United States and their citizens and
His Catholic Majesty, his successors and subjects, without
exception of persons or places.

Article II

His Catholic Majesty cedes to the United States, ir fuB
property and sovereignty, all the territories which belong 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 directSy to the property and sover^
cignty of said provinces^ a^e Included in this article. The
said archives and documents shall be left in possession of
the commissaries or officers of the United States, duly au«- A.
thorized to receive them.

AsncLB ni

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
ft strikes the Rio Roxo of Nachitoches, or Red River; then
following the course of the Rio Roxo westward, to the degree
of longitude loo west from London and 23 from Washing-

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ton; then, crossing the said Red River, and running thence
by a line due north, 4o 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 Phila-
delphia, 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 rvai from the said
source due south or north, as the case may be, till it meets
the said parallel of latitude 42, 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
the extent of the said boundary, on their respective banks,
shall be common to the respective inhabitants of both

The two high contracting parties agree to cede and
renounce all their rights, claims, and pretensions, to the terri-
tories described by the said line, that is to say: The United
States hereby to His Catholic Majesty, and renounce
forever, all their rights, claims, and pretensions, to the
territories lying west and south of the above-described line ;
and, in like manner, His Catholic Majesty cedes to the said
United States all his rights, claims, and pretensions to any
territories east and north of the said line, and for himself,
his heirs, and successors, renounces all claim to the said
territories forever.

Article IV

To fix this line with more precision, and to place the land-
marks 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
this treaty at Nachitoches, on the 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 Arkan-

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sas, 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 42, 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 as to their respective
escorts, should such be deemed necessary.

Article V

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.

Article VI

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^

Article VII

The officers and troops of His Catholic Majesty, in the
territories hereby ceded by him to the United States, shall
be withdrawn, and 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 State? shall furnish the transports
and escorts necessary to convey the Spanish officers and
troops and their baggage to the Havana,

HC xua (xo)

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Article VIII

All the grants of land made before the 24th of January,
1818, by His Catholic Majesty, or by his lawful authorities,
in the said territories ceded by His Majesty to the United
States, shall be ratified and confirmed to the persons in
possession of the lands, to the same extent that the same
grants would be valid if the territories had remained under
the dominion of His Catholic Majesty. But the owners in
possession of such lands, who, by reason of the recent cir-
cumstances of the Spanish nation, and the revolutions in
Europe, have been prevented from fulfilling all the conditions
of their grants, shall complete them within the terms limited
in the same, respectively, from the date of this treaty; in
default of which the said grants shall be null and void. All
grants 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^ are hereby declared and
agreed to be null and void


The two high contracting parties, animated with the most
earnest desire of conciliation, 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 to be forever maintained between them, reciprocally
renounce all claims for damages or injuries which they,
themselves, as well as theii* respective citizens and subjects,
may have suffered until the time of signing this treaty.

The rentmciation of the United States will extend to all
the injuries mentioned in the convention of the nth 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 sus-
pension 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 seiz-

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ures at sea, and in the ports and territories of Spain, or the
Spanish colonies.

(S) To all claims of citizens of the United States
upon the Spanish Government, statements of which, solicit-
ing the interposition of the Government 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 extends —
(i) To all the injuries mentioned in the convention of
the nth of August, 1802.

(2) To the sums which His Catholic Majesty advanced
for the return of Captain Pike from the Provincias Intemas.

(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 Govern-
ment of the United States arizing from unlawful 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 estab-
lished to have been suffered by the Spanish officers, and
individual Spanish inhabitants, by the late operations of
the American Army in Florida.

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Article X

The convention entered into between the two Governments,
on the nth of August, 1802, the ratifications of which were
exchanged the 21st December, t8i8, is annulled

Article XI

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 satisfaction 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 G)mmissioners, citizens
of the United States, shall be appointed by the President, by
and with the advice and consent of the Senate, which com-
mission shall meet at the city of Washington, and, within
the space of three years from the time of their first meeting,
shall receive, examine, and decide upon the amount and
validity of all the claims included within the descriptions
above mentioned. The said Commissioners shall take an
oath or aflfirmation, to be entered on the record of their pro-
ceedings, for the faithful and diligent discharge of tiieir
duties; and, in case of the death, sickness, or necessary ab-
sence of any such Commissioner, his place may be supplied by
the appointment, as aforesaid, or by the President of the
United States, during 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 authen-
tic testimony concerning the same. And the Spanish Gov-
ernment shall furnish all such documents and elucida-
dons 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

The payment of such claims as may be admitted and

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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 pro-
ceeds 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.

Abticlb XII

The treaty of limits and navigation, of 1795, remains
confirmed in all and each one of its articles excepting the
2, 3, 4, 21, and the second clause of the 22d article, which
having been altered by this treaty, or having received their
entire execution, are no longer valid.

With respect to the 15th 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 under-
stood with respect to those Powers who recognize this prin-
ciple; 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 acknowledge this principle, and not of others.

Article XIII

Both contracting parties, wishing to favour their mutual
commerce, by affording in their ports every necessary assist-
ance to their respective merchant-vessels, have agreed that
the sailors who shall desert from their vessels in the ports

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of the other, shall be arrested and delivered up, at the
instance of the Consul, who shall prove, nevertheless, that
the deserters belonged to the vessels that dkimed them,
exhibiting the document that is customary in their nation:
that is to say, the American Consul in a Spanish port shall
exhibit the dociunent 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.

Article XIV

The United States hereby certify that they have not
received any compensation from France for the injuries
they suffered from her privateers. Consuls, and tribunals
on the coasts and in the ports of Spain, for the satisfaction
of which provision is made by this treaty; and they will
present an authentic statement of the prizes made, and of
their true value, that Spain may avail herself of the same
in such manner as she may deem just and proper.


The United States, to give to His Catholic Majesty a
proof of their desire to cement the relations of amity sub-
sisting between the two nations, and to favour the commerce
of the subjects of His Catholic Majesty, agree that Spanish
vessels, coming laden only with productions of Spanish
growth or manufactures, directly from the ports of Spain,
or of her colonies, shall be admitted, for the term of twelve
years, to the ports of Pensacola and St. Augustine, in the
Floridas, without paying other or higher duties on their
cargoes, or of tonnage, than will be paid by the vessels
of the United States. During the said term no other nation
shall enjoy the same privileges within the ceded territories.
The twelve years shall commence three months after the
exchange of the ratifications of this treaty.

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The present treaty shall be ratified in due form, by the
contracting parties, and the ratifications shall be exchanged
in six months from this time, or sooner if possible.

In witness whereof we, the miderwritten Plenipotentiaries
of the United States of America and of His Catholic Maj-
esty, have signed, by virtue of our powers, the present
treaty of amity, settlement, and limits, and have thereunto
affixed our seals, respectively.

Done at Washington this twenty-second day of February,
one thousand eight hundred and nineteen.

John Quincy Adams [l. s.]
Luis dx Onis [u a.]

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[The reaction in favor of monarchical government which followed
the fall of Napoleon had among its consequences the proposal of
Spain to regain her South American colonies, which had won their
independence. Russia also began to extend her claims on the
Pacific coast. It was with reference to such tendencies that Presi-
dent Monroe included in his message of 1823 this statement of the
policy of the United States toward foreign powers attempting "to
extend their system to this portion of the hemisphere." This
doctrine was not ratified by Congress, and its validity depends, not
on international law, but merely on the power of the United States
to enforce it]

AT THE proposal of the Russian imperial government
/\ made through the minister of the Emperor residing
^ » here, a full power and instructions have been trans-
mitted to the Minister of the United States at St. Peters-
burgh, to arrange, by amicable negotiation, the respective
rights and interests of the two nations on the northwest coast
of this continent A similar proposal has been made by his
Imperial Majesty to the government of Great Britain, which
has likewise been acceded to. The government of the
United States has been desirous, by this friendly proceed-
ing, of manifesting the great value which they have in-
variably attached to the friendship of the emperor, and
their solicitude to cultivate the best understanding with his
government. In the discussions to which this interest has
given rise, and in the arrangements by which they may
terminate, the occasion has been judged proper for assert-
ing, as a principle in which the rights and interests of the
United States are involved, that the American continents,
by the free and independent condition which they have as-
sumed and maintain, are henceforth not to be considered
as subjects for future colonization by any European powers.

It was stated at the commencement of the last session,


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that a great effort was then making in Spain and Portugal,
to improve the condition of the people of those comitries,
and that it appeared to be conducted with extraordinary
moderation. It need scarcely be remarked, that the result
has been, so far, very different from what was then antici-
pated. Of events in that quarter of the globe, with which
we have so much intercourse, and from which we derive our
origin, we have always been anxious and interested spec-
tators. The citizens of the United States cherish senti-
ments the most friendly, in favor of the liberty and happi-
ness of their fellow men on that side of the Atlantic. In
the wars of the European powers, in matters relating to
themselves, we have never taken any part, nor does it com-
port with our policy so to do. It is only when our rights
are invaded, or seriously menaced, that we resent injuries,
or make preparation for our defence. With the move-
ments in this hemisphere, we are, of necessity, more im-
mediately connected, and by causes which must be obvious
to all enlightened and impartial observers. The political
system of the allied powers is essentially different, in this
respect, from that of America. This difference proceeds
from that which exists in their respective governments.
And to the defence of our own, which has been achieved
by the loss of so much blood and treasure, and matured by
the wisdom of their most enlightened citizens, and imder
which we have enjoyed unexampled felicity, this whole na-
tion is devoted. We owe it, therefore, to candor, and to
the amicable relations existing between the United States
and those powers, to declare, that we should consider any
attempt on their part to extend their system to any portion
of this hemisphere, as dangerous to our peace and safety.
With the existing colonies or dependencies of any European
power, we have not interfered, and shall not interfere. But
with the governments who have declared their independence,
and maintained it, and whose independence we have, on
great consideration, and on just principles, acknowledged,
we could not view any interposition for the purpose of
oppressing them, or controlling, in any other manner, their
destiny, by any European power, in any other light than
as the manifestation of an unfriendly disposition towards

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the United States. In the war between those new govern-
ments and Spain, we declared our neutrality at the time of
their recognition, and to this we have adhered, and shall
continue to adhere, provided no change shall occur, which,
in the judgment of the competent authorities of this gov-
ernment, shall make a corresponding change, on the part
of the United States, indispensable to their security.

The late events in Spain and Portugal, shew that Europe

Online LibraryCharles William EliotAmerican historical documents 1000-1904, with introductions, notes and illustrations → online text (page 25 of 48)